A House Divided: Federal Judges Take Conflicting Positions on Wiretap Act Claims Against Google in California's Northern District
When is the “course of business” considered “ordinary?”
By Bob Scott
Both cases challenge, among other things, Google’s practice of sharing data collected from its customers with advertising partners. In both cases, Google asked the court to dismiss claims that this sharing violates the Wiretap Act, on the basis of the Act’s exception that allows a provider of electronic communications services to intercept customer data “in the ordinary course of business.” Yet the cases reach opposite decisions on the applicability of that exception to very similar claims.Continue Reading...