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
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