A Ninth Circuit decision in a Facebook consumer tracking case is propelling a new surge of privacy lawsuits using old anti-wiretap laws, including 15 class actions filed in California this fall targeting websites’ use of cookies, pixels and other tracking methods. Game makers, publishers, hospitals and even major retailers like Nike and General Motors have been sued, along with the software providers that supply analytics tools to their sites.
In this Cybersecurity Law Report article, Jeff Landis comments on the Facebook wiretap ruling, including how companies’ use of SDKs or third-party software to perform certain website functions leaves them vulnerable to wiretap claims. Note that this article is paywalled.
