James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, on April 3, 2021. Photo: Diego M. Radzinschi/ALM Defense Counsel Says 3rd Circ.'s Revival of Wiretap Act Suit Over Web Tracking 'Upends' State Law
"The WESCA 'emphasizes the protection of privacy,'" stated Judge Thomas L. Ambro. "Consistent with that emphasis, it applies when anyone intercepts communications—that is, takes an action to acquire them with a device. And it requires all parties—not just a party—to consent to that interception."
October 24, 2022 at 11:00 AM
7 minute read
Technology Media and Telecom
The original version of this story was published on Delaware Law Weekly
The U.S. Court of Appeals for the Third Circuit has reaffirmed its August decision reviving an online shopper's claims that two companies violated Pennsylvania's anti-wiretapping law by using a third-party marketing service to track her activities on a website.
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