‘Purpose’ Targeted by First Circuit in Wiretapping Oral Argument

An attorney for a Massachusetts health-care provider faced skeptical questions from an appellate panel Monday as he tried to preserve a lower court ruling dismissing a lawsuit challenging the provider’s use of tracking tools on its website.

Adam J. Bookbinder told the US Court of Appeals for the First Circuit that the lower court got it right in holding that the Cape Cod Healthcare’s use of online tools from Meta Platforms Inc. and Google LLC didn’t trigger wiretapping liability under the Electronic Communications Privacy Act because its primary motivation was commercial rather than to commit a crime or tort. ...