By now, anyone who uses a cell phone or other method to access the Internet—virtually everyone—has heard of “cookies” intended to track their online activities. Many individuals who object to tracking take steps to block cookies through privacy settings on their web browsers and other technologies. However, in a decision with important implications for those individuals and for the online advertisers that seek information about them, the U.S. Court of Appeals for the Second Circuit has upheld the dismissal of a lawsuit challenging a digital media company’s use of third-party tracking cookie technology that overcame settings intended to block cookies.
The ruling, in Mount v. PulsePoint, No. 16-3194-cv (2d Cir. March 27, 2017), affirming Mount v. PulsePoint, No. 13 Civ. 6592 (NRB) (S.D.N.Y. Aug. 17, 2016), made clear that companies that circumvent web browser privacy features to place cookies on computers to gather information about Internet use are not subject to liability for the typical legal claims that might be asserted under New York law.
How Do Cookies Really Work?
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