Quinn Emanuel Attorneys Viola Trebicka and Tom Barnes Publish New Article for Reuters on CIPA and Section 638.51 Claims

In a recent Reuters article examining the California Invasion of Privacy Act, Quinn Emanuel partner Viola Trebicka and associate Tom Barnes explain how courts are grappling with applying a 1960s wiretap statute to modern website technologies, particularly in a growing wave of cases targeting routine digital tracking practices under CIPA Section 638.51.

Per the article, plaintiffs argue that common website tools function as prohibited “pen registers” or “trap and trace devices” because they collect routing and identifying information such as IP addresses and other digital signals. Courts, however, have reached mixed conclusions, with many distinguishing between tracking necessary for basic website operability and broader data collection that goes beyond what is required, as well as diverging on whether consent can be implied simply by visiting a website.

Used carefully, recent decisions suggest that Section 638.51 claims are most likely to survive where plaintiffs allege collection of data beyond IP addresses, tracking not strictly necessary to operate a site, or meaningful third-party data sharing. Ultimately, businesses that operate on online platforms must remain attentive to how these legacy privacy laws are being interpreted and applied in the digital age.

Read the full analysis here.

Learn more about our Data Privacy & Security practice here.