In Re Facebook, Inc. Internet Tracking Litigation

956 F.3d 589 (2020)

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In Re Facebook, Inc. Internet Tracking Litigation

United States Court of Appeals for the Ninth Circuit
956 F.3d 589 (2020)

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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.)

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