Navigating the evolving privacy landscape shouldn’t be something publishers do alone. Freestar is a true extension of your team and we are committed to keeping you informed of industry trends that impact your monetization strategy, including developments surrounding the California Invasion of Privacy Act (CIPA). While plaintiffs have argued that routine website technologies violate CIPA’s surveillance statutes, we are finally seeing a strong, favorable shift in the courts.

A recent wave of California Superior Court rulings, including a highly significant  decision by Los Angeles Superior Court Judge Gary Roberts in Blaker v. NetScout Systems, Inc., determined that CIPA’s “pen register” and “trap and trace” provisions apply strictly to telephone communications, not to modern  commercial web software, such as website pixels, analytics, and third-party SDKs.

Here Is Why This Is a Significant Development for You

  • A Strong Defense Shield: These decisions give  publishers and tech partners a powerful set of arguments to aggressively challenge and dismiss opportunistic  CIPA demand letters at the very beginning of a dispute .
  • Mitigated Legal Exposure : By explicitly ruling that everyday web analytics do not require the heavy-handed consent mandates designed for wiretapping, the courts have substantially lowered the regulatory risk for standard ad monetization software. 
  • Aligning with Common-Sense Intent: The court’s logic was straightforward: the California legislature added these specific provisions to CIPA in 2015 – a time when commercial websites and online tracking were already universally common.  If state lawmakers had actually intended to classify routine analytics as illegal wiretapping, they would have written “websites” directly into the statute .

The Risk is Not Equal: High-Target Industries & Features Remain Vulnerable

While general digital publishers may breathe easier, certain sectors should not let their guard down. Prime targets remain highly vulnerable, specifically those in the medical, financial, or med/fin- adjacent industries. Additionally, any site featuring click-thru surveys, user-inputted search terms, or online appointment scheduling remains at elevated risk for CIPA claims. If your website handles these sensitive topics or interactive features, standard e-commerce defenses may not fully apply.

What’s Next?

It is important to note that these are trial-level state court rulings. While they are non-binding and their persuasiveness can vary by judge, the sheer volume of these dismissals—with dozens of  recent rulings holding the same—establishes an encouraging trend.

We are currently awaiting binding appellate-level decisions anticipated this fall that could put this issue to rest. Specifically, the industry is closely watching the writ of mandate in Variety Media v. Superior Court of LA County, which will directly address the foundational question of whether CA Code 638.51 applies to the internet at all. Relief may also come from the legislature. Senate Bill 690 is currently making its way through the state legislature with the intent to harmonize the California Consumer Privacy Act (“CCPA”) and CIPA. The bill has seen rapid movement, passing a key Assembly committee last week on July 1, 2026. Notably, the latest July 2026 amendments aim to eliminate the private right of action for “pen register” tracking claims and would apply to cases brought within the previous two years. If passed, this would represent a massive, structural legislative fix for pending and future litigation. 

In the meantime, these recent dismissals offer a highly promising persuasive defense for publishers. However, the landscape is not entirely safe yet. The Northern District of California remains unpredictable. But a major defense avenue opened up in January 2026: in the ongoing Smith v. Rack Room Shoes litigation, the court issued a new ruling explicitly dismissing the plaintiffs’ CIPA claims directed at server-side tracking technology. This highlights that migrating from client-side browser pixels to backend, server-side data forwarding is a highly effective technical defense for publishers looking to mitigate wiretapping exposure. This is exactly where partnering with Freestar provides a structural advantage. By leveraging Freestar’s centralized, server-side technology, publishers can reduce their reliance on vulnerable third-party client-side pixels. Instead, data is routed securely through our backend architecture to demand partners, aligning your monetization strategy with the very technical defenses that the courts are currently favoring.   

Ultimately, publishers are still weighing a difficult business reality. Moving to a strict, European-style opt-in model often results in a substantial drop in ad yield and measurable data. However, maintaining standard tracking setups leaves the door open for plaintiff firms to send opportunistic demand letters threatening costly statutory claims. Until the appellate courts or legislature provide absolute clarity, publishers must carefully weigh their monetization strategies against their individual risk tolerance. 

Freestar is closely monitoring these appellate cases to keep the publishing community informed. We will continue to share updates as higher courts provide further guidance.

For legal teams monitoring this issue, here are a few of the recent favorable decisions:

  • Blaker v. NetScout Systems, Inc. (Case No. 25STCV31283)
  • Cammorata v. Sonifi Solutions, Inc. (2026 WL 500856)
  • Rodriguez v. Ink America Intern. Group LLC (2025 WL 4034985)
  • Schallert v. Orkin LLC (2025 WL 4332757)