LOKKER reposted this
A nice summary by Angelo Stio and Robert A. Jenkin II of a significant 3rd Circuit "tracking technology" decision that goes to the heart of these CIPA claims. The court dismissed the case under the “party exception”. A key insight from the blogpost: ➡️ Specifically, the court determined that because the plaintiffs’ web browsers, and not [the Defendant], simultaneously transmitted the information to the pixel provider, the pixel provider was a party to the communication with each plaintiff. As a party to the communication, the court found that the pixel provider could not eavesdrop on its own communication under the party exception defense and dismissed the CIPA. ➡️ This appears to run counter to a 9th Circuit ruling on the same issue (so a split, which could set this up for the SCOTUS?). Interesting times, in this space ➡️ We are working with dozens of clients to help address these issues, including working with LOKKER to do scans and then remediate the tech and legal issues all at once. Ping me if you want to discuss... #wiretapping #CIPA #privacy #trackingtechnologies https://lnkd.in/gc5D-sJq