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Expert Analysis

Calif. Web Tracking Cases Show Courts' Indecision Over CIPA

By Patricia Brum ( June 5, 2024, 11:50 AM EDT) -- In the past two years, hundreds of cases have been filed in California targeting businesses with websites that utilize technology to track users' website interactions based on the novel legal theory that web analytics software — e.g., tracking pixels, web beacons, cookies, etc. — constitutes a pen register or a trap-and-trace device, and thus violate Section 638.51(a) of the California Invasion of Privacy Act....

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