A firm’s use of software that tracks users’ activity on its website does not violate a state law against wiretapping, the Massachusetts Supreme Judicial Court has ruled.
While the state law against wiretapping prohibits intercepting communications, the high court found that the law is ambiguous as to whether website browsing activity is communication covered by the law. “If the legislature intends for the wiretap act’s criminal and civil penalties to prohibit the tracking of a person’s browsing of, and interaction with, published information on websites, it must say so expressly,” the court declared.
The court dismissed the wiretap violation claims bought by Kathleen Vita against New England Baptist Hospi