On November 17, the News/Media Alliance filed an amicus brief in the United States District Court for the Northern District of California in support of the respondents in Fregosa v. Mashable, Inc., a class action suit that makes claims under the California Invasion of Privacy Act (CIPA) against a publisher, alleging CIPA’s pen register prohibition extends to the use of necessary, commonplace online software/technology.
The amicus brief supports Mashable’s efforts to obtain interlocutory review of a court order regarding the scope of California’s pen register statute. The brief highlights that a wave of overzealous CIPA lawsuits represents an unsustainable threat for media organizations, and that the California Consumer Privacy Act (CCPA), not CIPA, is the appropriate and contemporary California privacy rulemaking that should dictate the commercial processing of consumer data. The brief argues that appellate review is necessary, and that the Ninth Circuit should review and provide needed clarity and predictability for web publishers using third-party technology that recognizes users’ IP addresses for routine functions.
