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The question is – do wiretapping statutes apply in cases where there is no traditional third party interceptor?  And more practically speaking, how does an entity using plug-ins and cookies avoid liability under wiretapping statutes while there is so much uncertainty in the law?

We previously blogged about this issue In re: Facebook, Inc. Internet

Articles summarizing CCPA often state that it applies to for-profit businesses that do business in California that satisfy certain criteria, and they fail to ever mention that CCPA does apply to some non-profits.

The CCPA defines “business” as “a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized

On June 1, 2020, the California Attorney General submitted the final text of the California Consumer Privacy Act (CCPA) regulations to the California Office of Administrative Law (OAL) for approval, which are substantially the same as the draft regulations released on March 11, 2020.  Despite the ongoing development of the regulations, the CCPA took effect

Starting last month, companies around the United States started to reopen their doors to their employees and customers, but not without first considering what “checks” should be done to ensure a safe environment for all.  Temperature checks, COVID-19 testing, symptom reporting, travel history questionnaires, geolocation tracking and other surveillance measures, and even using AI to

Are targeted ads the result of wiretapping?  Companies track your browsing history all the time through the use of, inter alia, cookies, and then mine the data they receive for purposes like targeted advertising.  Because the cookies make the users computer send electronic communications without the users’ knowledge is this wiretapping?

Put differently, can a

A plaintiff recently lost her battle with Shutterfly in the Northern District of Illinois when the Court ruled that Shutterfly’s arbitration clause was binding, notwithstanding Shutterfly’s unilateral amendments to its Terms of Use, including adding an arbitration provision after plaintiff clicked “Accept.”  The case is now stayed pending the outcome of arbitration.

The plaintiff was