From Analytics to “Interception”: How Website Tracking Became a Wiretap Problem—and What Companies Should Do About It

There is a certain irony in watching a statute designed to prevent clandestine eavesdropping on telephone calls become one of the most aggressively deployed tools against ordinary website functionality. The federal Wiretap Act—codified as part of the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. §§ 2510–2522—was never intended to regulate marketing pixels, session replay scripts,..

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