New Year, Same CIPA Uncertainty – When Will The Appellate Courts Enter The Chat?

California state and federal courts continue to see extensive litigation involving the California Invasion of Privacy Act ("CIPA"). When enacted in 1967, CIPA targeted traditional telephone wiretapping. However, its reach has expanded as new technologies enter the market. Today, private CIPA claims often concern website tracking and a business's choice to embed analytic tools on its website.

As Crowell has previously analyzed, mixed results persist in CIPA cases at the motion to dismiss stage. Appellate guidance would provide valuable insight into how new technologies, such as website analytic tools and generative artificial intelligence applications, are addressed by this pre-internet statute.