It described the paradigm of the Internet business model. In the recent opinion Cooper v. Slice Technologies, No. 17-CV-7102 (JPO) (S.D.N.Y. June 6, 2018), by Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York, addressing data mining and Internet privacy, the court recognized “…the Faustian bargain that undergirds much of the Internet: you give me a free service, and I suppress the knowledge that you are probably selling my data to digital touts.” Nevertheless, individuals who use social media or the Internet have brought—and continue to bring—privacy complaints against a wide variety of well known (and lesser known) entities, with consent frequently raised in defense. The court’s decision is useful for Internet businesses and consumers alike to navigate the often confusing world of online privacy.

Background

The case involved the UnrollMe website, a free online service that allows people to unsubscribe from and opt out of mailing lists, newsletters, and other unwanted emails. To do so, the website, operated by UnrollMe Inc., a subsidiary of Slice Technologies, Inc., asks people for their email usernames and passwords.