A wave of actions alleging that various internet technologies violate wiretapping provisions of the California Invasion of Privacy Act followed the advent of chat features on consumer-facing websites. As courts increasingly rejected these claims, plaintiffs’ firms have pivoted to CIPA Section 638.51, which prohibits the use of pen register or trap and trace devices without a court order. Partner Jason Russell and counsel James Pak and Hillary Hamilton discuss the numerous flaws in this new theory of liability.
Copyright 2024 Bloomberg Industry Group, Inc. (800-372-1033) Reproduced with permission. CIPA Trap and Trace/Pen Register Claims are Technologically and Legally Flawed