Jackson Walker partner John Jackson was quoted in a recent Bloomberg Law article examining how server-side tracking technologies may shape the future of privacy and wiretapping litigation as companies shift away from traditional client-side tracking pixels and courts grapple with novel legal questions.
John shared his view that the shift could benefit defendants in certain cases: “Certainly in cases where, as a factual matter, the defendants can show that there’s a delay or there’s some forwarding rather than contemporaneous monitoring, I think that will definitely be a big winner.”
But he cautioned that courts are likely to reach different conclusions on the issue. Plaintiffs may argue that server-side tracking “just relocates the mechanics of interception, rather than eliminating it, especially where the data is still being shared with vendors for analytics, marketing, or profiling,” he said.
The article also explores how this evolving technology is prompting courts to examine more technical questions, including whether server-side tracking satisfies the “in-transit” requirement under the California Invasion of Privacy Act. While this shift may reduce litigation risk for some companies, attorneys quoted in the piece suggest it is unlikely to eliminate privacy-related claims entirely.
To read the full article, view “Server-Side Tracking to Shape Future of Pixel Privacy Litigation.”
Meet John
John M. Jackson has represented clients in patent litigation and complex commercial litigation matters in federal and state courts throughout the country, and in the International Trade Commission (ITC). He has represented clients in patent infringement lawsuits involving software, internet applications, consumer electronics, oil drilling technology, mechanical devices, chemical compositions, and business methods. In addition to his intellectual property practice, John co-chairs the Firm’s Cybersecurity Litigation Group and counsels clients concerning data privacy issues. He has earned certification as a Certified Information Privacy Professional (CIPP/US) and a Certified Information Privacy Manager through the International Association of Privacy Professionals.