As reported by cyberscoop, California enacted a bipartisan update to its 57-year-old wiretapping law, a move that eliminates the right for individuals to sue over internet-based surveillance. This change to the California Invasion of Privacy Act (CIPA) is being framed by supporters as a necessary correction to prevent frivolous lawsuits, while privacy advocates argue it significantly undermines digital consumer privacy rights.
The updated law, signed by Gov. Gavin Newsom, specifically removes the private right to sue websites and mobile applications over the use of certain internet-tracking technologies, such as pen registers and trap-and-trace devices. Originally intended for law enforcement use with court orders to map communication networks without accessing content, these tools were extended to cover internet-based communications like email. In 2015, a provision was added allowing residents to sue for unauthorized use, leading to thousands of lawsuits and demand letters against businesses for using common tools like browser cookies. Supporters, including business groups, contend this provision has been exploited by attorneys, leading to settlements from small businesses. Privacy advocates, such as the Electronic Frontier Foundation, argue this exemption makes it easier for companies to track and sell consumer data, while hindering individuals' ability to seek legal recourse against metadata surveillance.
Source: cyberscoop
