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In re DoubleClick : ウィキペディア英語版
In re DoubleClick

''In re DoubleClick Inc. Privacy Litigation'', 154 F. Supp. 2d 497 (S.D.N.Y. 2001)〔''In re Doubleclick Inc. Privacy Litigation'', 154 F. Supp. 2d 497 (S.D.N.Y. 2001).〕 (''"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.
== Facts ==
DoubleClick engaged in behavioral targeting and placed a cookie on each user's computer hard drive when the user accessed DoubleClick-affiliated web sites. DoubleClick was then able to track the users' web surfing activities and build user profiles for the purposes of delivering targeted advertisements. DoubleClick's server identifies the user's profile by the cookie identification number and presents the user with advertisements tailored to the user's interest. The plaintiffs claimed that DoubleClick's obtaining of user information stored in the web cookies constituted unauthorized access and interception of their electronic communications with the web sites they were accessing.





抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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