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Flash Cookie Lawsuits Could Spur Courts' Rethink

ONLINE PRIVACY—U.S.

September 22, 2010

Media Post reports on the recently filed lawsuits against companies alleged to have used Flash cookies to recreate HTTP cookies deleted by users. "Whether the litigation will pose a legal risk...remains to be seen," the report states, suggesting that courts' decisions on cookie lawsuits back in 2001 and 2003 may not portend similar outcomes now--seven years and many technological developments later. "Given the fast-evolving landscape," writes Wendy Davis, "judges today won't necessarily agree with the conclusions that seemed reasonable to courts in 2001." Perhaps more important, adds Davis, are recent allegations that companies are circumventing users' privacy settings by "recreating cookies even when people have opted out of tracking." Editor's note: Hear more from Wendy Davis during the "Online Behavioral Advertising: Business Models, Technology and Legal Issues in Q3 2010 and Beyond" preconference session at the Privacy Academy.
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