Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’ attorneys because they can leverage existing wiretap laws (particularly in California under the California Invasion of Privacy Act (CIPA)) to argue
Pixels
Pixel Litigation Drives Transparency in Privacy Policies
By Robinson+Cole's Data Privacy + Cybersecurity Team on
Posted in Data Privacy
Pixels, a piece of tracking software businesses use to assess the success of their advertising campaigns, are creating headaches for in-house counsel as decades-old laws are being revived by litigants. Unlike cookies, pixels cannot be easily blocked with privacy software. The potential consequences for improper use have increased due the Federal Trade Commission’s increasingly close…