United States District Court for the Southern District of New York
Decided
Mar. 28, 2001
Docket nos.
1:00-cv-00641
Citation
154 F. Supp. 2d 497
Case history
Subsequent actions
Complaint dismissed and judgment entered by In re DoubleClick Inc. Privacy Litig., No. 1:00-cv-00641, 2002 U.S. Dist. LEXIS 27099 (S.D.N.Y. May 23, 2002).
Holding
DoubleClick's placement of web browser cookies on computer hard drives of internet users who accessed DoubleClick-affiliated web sites did not violate the Stored Communications Act, the Wiretap Statute or the Computer Fraud and Abuse Act.
In re DoubleClick Inc. Privacy Litigation, 154 F. Supp. 2d 497 (S.D.N.Y. 2001)[1] ("DoubleClick"), had Internet users initiate proceedings against DoubleClick, alleging that DoubleClick's placement of web cookies on computer hard drives of Internet users who accessed DoubleClick-affiliated web sites constituted violations of three federal laws: The Stored Communications Act, the Wiretap Statute and the Computer Fraud and Abuse Act.
The court held that DoubleClick was not liable under any of the three federal laws because it fell within the consent exceptions under the Stored Communications Act and the Wiretap Statute. DoubleClick was not excluded from the consent exception of the Wiretap Statute because it did not intercept the communications for criminal or tortious purposes. DoubleClick was also not liable under the Computer Fraud and Abuse Act because the plaintiffs had failed to meet the statutory threshold of $5,000 in losses. The court established that damages under the Computer Fraud and Abuse Act may only be aggregated for the unauthorized access of each cookie.
^In re DoubleClick Inc. Privacy Litigation, 154 F. Supp. 2d 497 (S.D.N.Y. 2001).
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