Data Privacy
Jul. 18, 2025
Consent is the new cookie
Passive tracking is no longer passive: Courts now treat tools like session replay and analytics as potential wiretaps -- making clear, informed consent a legal must under California privacy laws.
Reid E. Dammann
Partner
Gordon Rees Scully Mansukhani, LLP
Email: rdammann@gordonrees.com
Santa Clara Univ SOL; Santa Clara CA
A growing line of California and federal court decisions is redefining how passive website tracking technologies are treated under state privacy laws. Session replay scripts, behavioral analytics and embedded trackers, once viewed as ordinary web features, are now legal battlegrounds. Courts have increasingly signaled that businesses using these tools without obtaining clearly informed user consent may face liability under the Calif...
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