In re Zynga Privacy Litigation
United States Court of Appeals for the Ninth Circuit
750 F.3d 1098 (2014)
- Written by Angela Patrick, JD
Facts
Facebook, Inc. (defendant) operated a social-networking website. Facebook’s users could click on links in some Facebook web pages that allowed them to play games provided by Zynga Game Network, Inc. (Zynga) (defendant) without leaving the page they were on. When a user clicked on these links, on the user’s behalf, Facebook sent an electronic request to Zynga for the game. This request included envelope information identifying the message and allowing Zynga to respond, including referrer-header information about which user was sending the request and what page the user was currently viewing. Zynga used this information to provide the requested game. However, Zynga also collected the user’s identity and page location from the referrer header and sold that information to advertisers and other third parties. A class of Facebook users (the users) (plaintiffs) sued Facebook and Zynga. The users claimed that by disclosing the users’ identities and page locations, Facebook and Zynga had disclosed the users’ personal information without the users’ consent in violation of the federal Electronic Communications Privacy Act (ECPA). The district court dismissed the claims, finding that the ECPA applied only to a communication’s contents and that the disclosed information was not part of the communication’s contents. The users appealed to the Ninth Circuit.
Rule of Law
Issue
Holding and Reasoning (Ikuta, J.)
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