Orin Kerr writes:
The federal Wiretap Act is the major privacy law that protects privacy in communications.
In this post, I want to focus on a particularly tricky and important application of the problem that is raised in a case now pending in the Third Circuit: How does the Wiretap Act apply to surveillance of websurfing? Say a person is surfing the web, and a surveillance device is monitoring the URLs that a person is visiting. When, if at all, can that violate the Wiretap Act? Are the URLs contents or metadata, and if URLs are contents, who are the parties to that communication that can consent?
Read more on The Volokh Conspiracy.