Court: U.S. 9th Circuit Court of Appeals
Docket: 11-18044, 12-15619 | Opinion Date: May 8, 2014 |
Judge: Ikuta
Areas of Law: Internet Law
Plaintiffs filed suit against Zynga and Facebook under the Wiretap Act, 18 U.S.C. 2511(3)(a), and the Stored Communications Act, 18 U.S.C. 2702(a)(2), two chapters within the Electronic Communications Privacy Act of 1986 (ECPA). Plaintiffs alleged violations of the ECPA based on Facebook and Zynga's disclosure of the information contained in referer headers to third parties. On appeal, plaintiffs argued that the district court erred in holding that Facebook, Zynga, and the third parties were the intended recipients of the referer headers containing the user's Facebook IDs and the URLs. The court held that under the ECPA, the term "contents" refers to the intended message conveyed by the communication, and does not include record information regarding the characteristics of the message that is generated in the course of the communication. The referer header information that Facebook and Zynga transmitted to third parties included the user's Facebook ID and the address of the webpage from which the user's HTTP request to view another webpage was sent. This information does not meet the definition of "contents," because these pieces of information are not the "substance, purport, or meaning" of a communication. Therefore, the court concluded that plaintiffs have failed to state a claim because they did not allege that either Facebook or Zynga disclosed the "contents" of a communication, a necessary element of their ECPA claims. Accordingly, the court affirmed the district court's dismissal with prejudice.