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When Cookies Become Wiretaps: The New CIPA War Over Online Tracking

ID: 4df83e3c-bab5-583f-a359-964e07d6ad84

STIX ID: report--4df83e3c-bab5-583f-a359-964e07d6ad84

Feed Name: Security Boulevard

Date Published: 2026-05-28

Date Updated: 2026-05-28

Author: Mark Rasch

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This report analyzes the surge of CIPA litigation treating web trackers (cookies, pixels, SDKs, analytics, session replay) as potential pen registers or wiretaps, highlighting key cases (e.g., Ortiz v. Foris DAX/Crypto.com, Greenley, Camplisson), divided court rulings, the strategic appeal of per-violation statutory damages, jurisdictional expansions, pending legislative efforts (SB 690), and practical guidance for firms to ensure consent is technically enforced, minimize third-party tracking, and perform litigation-grade technical audits.

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