Massachusetts Justices Mull Applying Wiretap Law to Web Tracking

April 3, 2024, 5:23 PM UTC

The Massachusetts Supreme Judicial Court appeared open to an interpretation of the state’s Wiretap Act that could impose enormous liability on businesses that discretely track online communication with their customers through advertising software.

“We can’t decide this case on the practical implications on others, and we should all check our websites,” Justice Dalila Argaez Wendlandt said during oral argument Wednesday in a case about whether New England Baptist Hospital and Beth Israel Deaconess Medical Center violated the Wiretap Act by using tracking technology on their websites.

The consequences of a violation of the Massachusetts Wiretap Act, which was drafted in ...

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