Wiretapping Claims Against Website Tracking: How the Theories Work
Plaintiffs suing over analytics pixels, session recording and web chat rarely plead a privacy statute. They plead eavesdropping laws written for telephone wires in 1967 and 1968, which carry per-violation damages and no requirement to prove loss. This guide sets out the statutory elements those claims turn on, the party-consent question that decides most of them, and the newer pen-register theory.
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