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Websurfing and the Wiretap Act, part 2: The Third Circuit’s ruling

Posted on November 19, 2015June 26, 2025 by Dissent

Orin Kerr writes:

The Third Circuit has handed down a very important opinion on Internet surveillance law: In re Google Cookie Placement Consumer Privacy Litigation (Nov. 10, 2015). The decision is the first case to grapple in detail with how the Wiretap Act applies to the Internet. If you’re interested in surveillance law, you need to give this opinion a close and careful read. It’s a big deal. It leaves some things undecided, but it also suggests that the Wiretap Act provides pretty strong privacy protections online.

This post will go over the decision, explore its reasoning and conclude with its implications.

Read more on The Volokh Conspiracy.

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