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Invasion of Privacy Electronic Communications

Klein Moynihan Turco LLP

Back To The Future – CIPA Wiretap Case Survives Dismissal

Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court...more

BakerHostetler

The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims

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Partner Matt Pearson discusses the reach of the California Invasion of Privacy Act (“CIPA”) and how a California statute could apply to companies that have little, if any, presence in California. Questions & Comments:...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2024

Husch Blackwell LLP on

Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more

Kilpatrick

California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory (Updated)

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For the past several years, website owners that gather data from California residents have faced a surge in class action lawsuits and threatened lawsuits alleging violations of the California Invasion of Privacy Act (CIPA)....more

Klein Moynihan Turco LLP

Use of Pen Registers Is Focus of Recent Consumer Privacy Claims

As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Benesch

Old Law, New Tricks: Pen Register and Trap and Trace Claims on the Rise

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to...more

BakerHostetler

The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device

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For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Goodwin

California Invasion of Privacy Act (CIPA) Decisions Continue to Create Uncertainty for Websites Using Third-Party Technology

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The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more

Shook, Hardy & Bacon L.L.P.

California Rulings Prompt Wave of Website Wiretapping Claims

If your company has a website and does not disclose the use of session replay software or that the chats on its website are being transcribed, please read this important alert. ...more

CDF Labor Law LLP

Invasion of Privacy Lawsuits Will Be On The Rise In California Where Employers Use Monitoring/Tracking Technology

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Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

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Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more

Pullman & Comley - School Law

Student E-Mails, FERPA and FOIA: What School Districts Must Disclose (and When)?

Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more

Sheppard Mullin Richter & Hampton LLP

New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers

In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were...more

Farella Braun + Martel LLP

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Mintz - Privacy & Cybersecurity Viewpoints

Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of...more

Holland & Knight LLP

Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal...

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Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public...more

Robinson+Cole Data Privacy + Security Insider

Controversy looms over ECPA amendment in wake of Orlando terrorist attack

After the terrorist attack in Orlando, Florida, early this month, the Electronic Communications Privacy Act (ECPA) has been discussed quite a bit. The ECPA, a law which took effect in 1986, limits the government’s access to...more

McDermott Will & Emery

California Joins Other States with the Passage of CalECPA

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Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Burr & Forman

No Privacy in Pocket-Dialing

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Most of us are aware of the increased risk of identity theft caused by the exponential growth of digital communications. But have we stopped to consider how the ease of communication we have today has significantly decreased...more

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