Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
Undeletable Cookies – Are They Illegal?
October 13, 2011
Thanks to attorney Shannon Brown for sending along one of her blog posts about a relatively new phenomenon – and invasion of our privacy – undeletable cookies.
It appears that some companies are tracking our online activity with cookies that circumvent our privacy and security settings. These "malcookies" have spawned a rash of suits. Shannon does a good job covering a couple of cases in Pennsylvania that are moving through the courts and I found another case in Kansas.
In the case I found, a Kansas man has sued Facebook, alleging that it violates wiretap laws by tracking web browsing history even after a user has logged off Faceook. The battle is all uphill since courts have been finding that these cookies do not violate wiretap laws – and that the users cannot prove harm.
This is yet another example of an assault on our privacy and a gaping hole in the law that needs to be filled. I, for one, am forwarding this post to friends in the Virginia General Assembly.
http://twitter.com/sharonnelsonesq
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