[USA] DoubleClick Inc. Privacy Litigation

Forum:

United States District Court for the Southern District of New York

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.

Rule: 

An Internet company does NOT violate the Electronic Communications Privacy Act’s prohibition on unauthorized access to stored electronic communications if the company stores and accesses cookies placed on an Internet user’s hard drive.