Data Privacy
Jun. 8, 2026
NetScout decision signals limits on CIPA web tracking claims
California Court holds CIPA's pen register provision does not apply to websites: What the NetScout ruling means for your business.
David J. Oberly
Of Counsel
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Email: doberly@bakerdonelson.com
Web tracking is the newest frontier in class action litigation, with thousands of lawsuits filed in California and, increasingly, other states against companies with consumer-facing websites. The latest--and still surging--wave contends that technologies capable of tracking visitor activity violate the California Invasion of Privacy Act's (CIPA) prohibition on the use of "pen registers" and "trap and trace devices."
In Blaker v. NetScout Sys., Inc.
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