Insights

In 1967, California passed the California Invasion of Privacy Act (CIPA) to protect its citizens from attempted eavesdropping on their private conversations. Now, California plaintiffs are wielding CIPA to challenge whether websites may use marketing technology that tracks website usage absent prior explicit consent. Dozens of class action cases based on this theory of liability have been filed in federal and state courts in California. Hundreds of demand letters based on this same theory have been sent to companies. Crowell has been closely monitoring the wave of website-based wiretap class actions cropping up.

Every day, organizations face a barrage of attacks from cybercriminals looking to do harm by gaining access to IT systems and sensitive data. Repercussions from these attacks can be significant—lost business data, legal liability, regulatory scrutiny, and a damaged reputation. To prepare for potential attacks, companies need a robust incident response plan that can be quickly and effectively deployed against cyber threats as they arise.

Endless articles, commentary, and blog entries have been rattling the cage about the brave new world of the metaverse and the unprecedented legal issues that may arise and, in some cases, that have already arisen.

Imagine a customer walking into a clothing store. She browses the racks, selects a few items, and asks the sales associate for a dressing room. She walks into the dressing room and tries on the clothes. Then she heads to the counter, pays for some of the items, and leaves.