EPIC has published analysis pointing to pixel tracking litigation under the Electronic Communications Privacy Act and the California Invasion of Privacy Act as a source of guidance for the Supreme Court in Salazar v. Paramount Global. The case, which arises under the Video Privacy Protection Act, is one example of broader efforts to push back against online tracking and surveillance.
According to EPIC, the trends in these pixel tracking cases show a concerted effort to counteract harmful data collection practices. The analysis suggests that the reasoning developed in ECPA and CIPA litigation could help shape the Court's understanding of privacy harms in the digital age.
While Salazar is a single case, EPIC frames it as part of a larger pattern of litigation aimed at reining in invasive tracking technologies. The outcome could have implications beyond the specific statute at issue.