I had held off on posting this in the hopes that Orin Kerr would be writing some commentary on the ruling, but I may as well post this now and update at some future point. Andrew Thompson reports:
The Third Circuit ruled that Google may have violated California privacy law by tricking users’ computers into allowing blocked code to be installed by Google ad software.
Eleven months after hearing oral arguments, the Third Circuit on Tuesday remanded the case to Delaware Federal Court, which had dismissed all claims against Google in the 5-year-old class action.
While the Third Circuit affirmed most of the lower court ruling, including that the software does not violate the federal Wiretap Act, Judge Julio Fuentes wrote for the majority that Google might not withstand scrutiny under California law.
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