A federal court in California has issued a ruling that could reshape the landscape of digital privacy law. For the first time, a court has determined that software on a website can violate California’s Trap and Trace Law, a component of the state’s Invasion of Privacy Act (CIPA). This precedent-setting decision came in response to a class action lawsuit against C2 Educational Systems Inc.

The case, Dino Moody v. C2 Educational Systems, centers on C2’s partnership with TikTok and the use of data collection software on its website. Judge R. Gary Klausner of California’s Central District Court denied C2’s motion to dismiss, effectively recognizing that digital tracking methods can fall under the purview of laws originally designed for physical surveillance devices.

Filed in May 2024, the lawsuit alleges that C2 Education, an online tutoring platform for K-12 students, violated California Penal Code § 638.51 by implementing TikTok software that collects user data through “fingerprinting.” This process involves capturing various types of information, including browser and device data, and matching it with TikTok’s database.

The court’s ruling challenges the narrow interpretation of the Trap and Trace Law proposed by C2 Education, which argued that the law only applies to physical devices attached to telephone lines. Instead, the court determined that the law’s language is broad enough to encompass software-based data collection methods.

This decision aligns with a previous ruling in Greenley v. Kochava, Inc., which also recognized software “fingerprinting” as falling under CIPA’s definition of a pen register. By extending this interpretation, the court has potentially opened the door for a wave of similar lawsuits targeting online data collection practices.

Robert Tauler, the plaintiff’s attorney, highlighted the significance of this ruling, suggesting it could increase the value of privacy-related cases and encourage more scrutiny of digital data collection practices. 

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