9th Circ. Eases Data-Sharing Risks For Facebook, Others

By Allison Grande (May 16, 2014, 9:34 PM EDT) -- The Ninth Circuit's ruling that Facebook Inc. and Zynga Game Network Inc. did not violate the Electronic Communications Privacy Act by divulging users' identities and browsing activity to third parties draws a line between content and noncontent information that is likely to shield companies from liability for targeted advertising and other common data uses.

In a May 8 opinion, the three-judge appellate panel upheld the dismissal of a pair of putative class actions alleging the companies violated the Stored Communications Act and the Wiretap Act, which are both sections of the ECPA, by sharing "referer headers" that contained users' Facebook IDs...

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