Federal Appeals Court Revives Google Cookie Tracking Suit

A federal appeals court has reinstated a class action alleging that Google and internet advertising companies unlawfully placed tracking cookies on users' web browsers. A reasonable jury could conclude that Google's "deceitful override of the plaintiffs' cookie blockers" constitutes a "serious invasion of privacy" under California law. The appeals court also held that tracked URLs could constitute "content" under the federal Wiretap Act, though it ultimately upheld the dismissal of all federal law claims for other reasons. EPIC filed an amicus brief in a similar case, arguing that Viacom's disclosure of IP addresses and unique device identifiers to Google violated the Video Privacy Protection Act.

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