On Tuesday, US District Judge Phyllis Hamilton denied Facebook’s motion to dismiss the ECPA and CIPA section 631 claims, while granting dismissal of claims pertaining to section 632 of the CIPA and section 17200 of the California Business & Professions Code, according to Tech Times. Facebook “has not offered a sufficient explanation of how the challenged practice falls within the ordinary course of its business,” Judge Hamilton said. The court said Facebook’s terms of service is too vague to surmise whether users ultimately consented to the company’s scan of their private messages for advertising uses. Plaintiffs said they have a reasonable expectation of privacy within their user-to-user messaging. Though it said it stopped the practice in question in late 2012, Facebook said in an October motion hearing, according to Courthouse News, that it has the right to analyze user messages, as it still does to some degree protect against viruses and helps filter out spam.
Posted on: Thu, 15 Jan 2015 22:53:22 +0000
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