Lessons From the Trenches: Winning Strategies for Defeating Pen Register Lawsuits
As Congress considers the proposed American Privacy Rights Act, creative plaintiffs’ lawyers are filling the void by filing hundreds of lawsuits each year alleging novel state law theories to challenge the collection of information on the internet. The most active bench of privacy advocates has seized on the California Invasion of Privacy Act (CIPA) to file a barrage of privacy litigation based on a decades-old law. The latest filings have focused on the argument that commonplace tracking software, like cookies or pixels, constitutes “pen register” and “trap and trace” devices that may not be used without consent or a court order.
In this guest article published in the Cybersecurity Law Report, Blank Rome partner Rachel Schaller lays out plaintiffs’ pen register litigation playbook and provides strategies to defeat CIPA claims.
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"Lessons From the Trenches: Winning Strategies for Defeating Pen Register Lawsuits," by Rachel L. Schaller was published in the Cybersecurity Law Report on June 12, 2024.