DTO Law’s Shilpa Coorg Explores Internet Privacy Challenges in Recent Article
DTO Attorney, Shilpa Coorg, an accomplished litigator specializing in intellectual property, delves into the complex landscape of internet consumer privacy litigation. Her recent article, featured in Circuits, the e-Journal of the Computer & Technology Section of the State Bar of Texas, sheds light on the surge in privacy claims triggered by statutes like the federal Wiretap Act and California Invasion of Privacy Act (CIPA).
Shilpa’s article, titled “Digital Dialogue Dilemma: Wiretapping Statutes and the Internet,” identifies two prevalent privacy claims against website owners. The first centers on “chat functionality,” where plaintiffs argue that websites with a “chat box” violate privacy laws by recording conversations without user consent. The second type of claim involves the use of tracking software or pixels, such as the Meta pixel, for targeted advertising.
Drawing from recent cases, Shilpa analyzes court decisions regarding these claims. Some courts reject the first type of claim, asserting that the intended recipient cannot unlawfully intercept its own communications. Others permit such claims to proceed if chat functionality is provided by a third-party with the capability to use captured information for its own purposes.
Turning to the second type of claim, Shilpa notes the limited case law due to the popularity of alternative dispute resolution venues and settlements. She suggests potential defenses for website owners facing claims related to tracking software, emphasizing the importance of analyzing whether state-specific statutes like CIPA apply, and considering the consent defense.
