10th Circuit: ISP Not Liable For Facilitating Advertiser's Access To User Data

10th Circuit: ISP Not Liable For Facilitating Advertiser's Access To User Data

DENVER - Even though an Internet service provider (ISP) permitted a third party to track its customers' Internet browsing habits, it did not intercept any of the customers' electronic communications and did not act outside "the ordinary course of its core business as an ISP," a 10th Circuit U.S. Court of Appeals panel ruled Dec. 28, finding no violation of the Electronic Communication Privacy Act (ECPA) (Kathleen Kirch, et al. v. Embarq Management Co., et al., No. 11-3275, 10th Cir.; 2012 U.S. App. LEXIS 26607).

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