Wiretap Statute Claim
The Wiretap Statute, 18 U.S.C. § 2511, restrains the intention or endeavour to intercept any electronic communication or the procurement of any other person to do so.
The court applied its analysis under the Stored Communications Act to determine DoubleClick’s liability under the Wiretap Statute, relying on the similar attributes of both statutes. Based on the presumption that DoubleClick falls within the ambit of the Wiretap Statute, the court proceeded to determine whether DoubleClick was excluded from liability by virtue of the consent exception under the Wiretap Statute. The court held that DoubleClick was exempt from liability for intercepting the communications under the Wiretap Statute because the web sites, being one of the parties to the electronic communication with the users, had given DoubleClick prior consent to the interception. The court held that the consent exception remains valid as the communication was not intercepted for the purpose of committing any criminal or tortious act.
Read more about this topic: In Re Double Click
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