Over the last several years, attorneys for Internet users have been vigorously attempting to fashion a viable claim against Internet service providers, companies operating websites, “app” developers and Internet advertisers (collectively, “Internet companies”) for collecting, transmitting or even selling personal, private data about the users. Such private information may include websites visited, advertising banners clicked on, search terms used and even key strokes made, which the users claim was collected without their informed consent. To date, based on the current laws on the books, very few, if any, of such claims have withstood court scrutiny.

Hence, there has been a tremendous movement of late to protect user privacy over the Internet. In late February, the White House unveiled a “Consumer Privacy Bill of Rights” as part of a blueprint for protecting individual privacy rights and to give users more control and transparency on how their Internet data is handled. Similarly, also in late February, major Internet providers, including Google and Yahoo, announced a willingness to install a “Do Not Track” button on their browsers, so users may elect to avoid, or at least limit, Web tracking.

This article analyzes the current legal viability of various online privacy claims, which analysis for the most part compels the conclusion that additional legislation and/or remedial measures would be additive. This article also looks at how the potential legislation and/or remediation may affect such claims, and how e-commerce companies will need to better protect themselves in the future.

CURRENT CLAIMS FOR VIOLATIONS OF INTERNET PRIVACY

There are a number of Internet privacy-related claims that are commonly asserted in courts throughout the country, thus far with limited success.

The Computer Fraud and Abuse Act

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