In Re Facebook, Inc. Internet Tracking Litigation
United States Court of Appeals for the Ninth Circuit
956 F.3d 589 (2020)

- Written by Sean Carroll, JD
Facts
Facebook, Inc. (defendant) operated a social-networking website. Facebook embedded its “Like” buttons on third-party websites. These buttons let users share content with their Facebook friends. Clicking a “Like” button sent a background request to Facebook servers with the URL of the webpage and copies of cookies on the user’s web browser. Facebook compiled this information with other user information to sell personal profiles to advertisers for profit. Facebook used these tracking practices even after Facebook users had logged out of Facebook. A group of Facebook subscribers (the subscribers) (plaintiffs) brought a lawsuit asserting that Facebook used the “Like” buttons to track the subscribers’ browsing activities in violation of the Wiretap Act, as amended by the Electronic Communications Privacy Act (ECPA), and the Stored Communications Act (SCA). Under the SCA, the subscribers claimed that the URL they typed into a web browser’s toolbar was in electronic storage in that toolbar. The district court dismissed the subscribers’ claims. The subscribers appealed.
Rule of Law
Issue
Holding and Reasoning (Thomas, C.J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.