Flash Cookie Lawsuits Could Spur Courts To Reconsider Privacy Ruling
Already those lawsuits -- which have drawn much media attention -- seem to be creating public relations problems for the companies. But whether the litigation campaign will pose a legal risk to the online publishers and ad companies remains to be seen.
As The Wall Street Journal recently reported, courts in 2001 and 2003 dismissed privacy lawsuits alleging that companies unlawfully placed cookies on users' computers. The judges in those cases ruled that placing cookies on users' PCs didn't violate wiretap laws as long as the publishers consented.
But much has changed in the last seven years -- both on a technological front as well as the political one. Given the fast-evolving landscape, judges today won't necessarily agree with the conclusions that seemed reasonable to courts in 2001.
Perhaps more importantly, some observers today allege that Web publishers are circumventing users' privacy settings by recreating cookies even when people have opted out of tracking.
That alleged use of Flash raises questions about whether companies are engaging in deceptive practices -- which is a separate issue from whether they are violating federal wiretap laws or other privacy statutes.
Meantime, the Federal Trade Commission might step in before the courts are ready to act. Consumer protection head David Vladeck said in January that the agency was "examining practices that undermine the tools that consumers can use to opt out of behavioral advertising." More recently, FTC official Christopher Olsen told The New York Times that the commission is investigating several companies that allegedly use Flash for online ad tracking.
Recent Daily Online Examiner Articles
-
Airbnb Ruled Illegal In N.Y., User Hit With Four-Figure Fine May 22, 5:18 p.m.
New York City Mayor Michael Bloomberg has made no secret of his hope that the city ...
-
AT&T Loosens Video Chat Restrictions May 21, 5:10 p.m.
Changing course, AT&T has decided to allow all users -- including those with unlimited data plans ...
-
Aereokiller Agrees To Change Name May 20, 4:38 p.m.
Aereokiller, embroiled in litigation with the TV networks, is putting at least one legal dispute behind ...
-
Appeals Court Turns Away Twitter's Challenge To Subpoena May 17, 4:55 p.m.
An appellate court in New York has dismissed Twitter's appeal of a ruling requiring it to ...
-
Apple: No 'Direct Evidence' Of Ebook Price-Fixing May 16, 5:10 p.m.
Did Apple conspire with book publishers to end Amazon's $9.99-per-ebook price? That's the question at the ...
-
AT&T Stirs Controversy With Data-Cap Plans May 15, 5 p.m.
AT&T CEO Randall Stephenson reportedly confirmed today that the carrier plans to let content companies pay ...
-
Pandora User Seeks To Revive Privacy Lawsuit May 14, 4:48 p.m.
In 2010, music service Pandora was one of the first companies to partner with Facebook for ...
-
New Bill Legalizes Cell-Phone Unlocking, DVD Ripping May 13, 5:05 p.m.
Consumers could once again have the right to unlock their cell phones, if a new law ...
-
Data-Cap Exemption For ESPN Raises Neutrality Concerns May 10, 6:40 p.m.
The sports network ESPN reportedly is talking with a major wireless carrier about a deal to ...
-
Righthaven Loses Bid To Revive Lawsuits May 9, 6:20 p.m.
Several years ago, attorney Steven Gibson and the publisher of the Las Vegas Review-Journal cooked up ...
Be the first to comment on "Flash Cookie Lawsuits Could Spur Courts To Reconsider Privacy Ruling"
Leave a Comment