News & Analysis as of

Email Wiretapping

Klein Moynihan Turco LLP

E-Mail Wiretap Case Dismissed

A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more

Proskauer on Privacy

Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches

Proskauer on Privacy on

Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies. ...more

Fox Rothschild LLP

The 9th Circuit Reversed a Consumer Wiretapping Dismissal Involving the Use of Session Replay Software. Does It Change Anything?

Fox Rothschild LLP on

Anyone following consumer privacy trends is likely aware of the wave of consumer litigations filed against website owners/operators alleging violations of state wiretapping statutes based on the use of so-called “session...more

Fenwick & West LLP

Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

Fenwick & West LLP on

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

Goodwin

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

Goodwin on

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

Butler Snow LLP

Finding the Needle When You Can’t Locate the Haystack – How do you narrow down the scope of e-discovery?

Butler Snow LLP on

Joffe v. Google, No. 3:10-md-02184, currently pending in the Northern District of California, is predicted to be the biggest corporate wiretap case in history – assuming the plaintiffs have standing. ...more

Saul Ewing Arnstein & Lehr LLP

Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss class action...

In Brief - In a significant ruling on email privacy, the Northern District of California held that Google’s interception and scanning of user emails for the purpose of creating targeted advertisements and user profiles...more

Davis Wright Tremaine LLP

Update: Google Not Going Down Without a Fight

Google is seeking further review in two cases we wrote about last week on alleged Wiretap Act violations. In the Gmail case, where Google was charged with improperly reviewing subscribers’ emails, Google asked Judge Koh to...more

Davis Wright Tremaine LLP

More Online Trouble for Service Providers?

Google is facing increased scrutiny of its data collection and use practices, which may be a warning to all Internet and online service providers. Last week, Judge Koh in San Jose held Google accountable for an alleged...more

Davis Wright Tremaine LLP

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

Pillsbury - Internet & Social Media Law Blog

Personal Email Privacy in a BYOD Environment - A View from the Bench

We recently posted a three-part series on BYOD issues in this blog. A primary theme was the inherent tension between employer control and employee privacy in a BYOD environment....more

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