California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can Mitigate Risk
Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The April 18 order is the very first ruling to decide, on the merits, whether CIPA could support litigation over the issue of third-party website cookies since CIPA litigation exploded over the last three years. Last week’s decision that granted summary judgment to the defendants keyed in on the fact that the third party’s accessing of internet communications did not occur while the data was “in transit,” but instead involved communications that had already taken place. The big questions we’re all asking now: How will this decision impact current CIPA litigation? Will we start to see the tide turn in businesses’ favor? And what can this decision teach you about risk mitigation of third-party technology you likely use on your website? What Happened? In Torres v. Prude...