Technology,
Data Privacy
Mar. 7, 2025
Pixel privacy pitfalls put websites at risk
A demand letter threatening litigation over the use of a website tracking pixel as a "pen register" highlights the evolving intersection of privacy laws, technology, and California's strict privacy regulations, where tracking without consent could result in significant legal liabilities, including fines and lawsuits.
Electric signals pulse through an antique machine, turning a spool with paper, triggering a fountain pen to transcribe information. The marks on the paper tell the secret of the outgoing telegraph. The device is a pen register. 165 years later, your client receives a demand letter threatening litigation if a settlement isn't paid because their website uses a tracking pixel for marketing purposes. The letter claims that the marketing pixel is a pen register. What?!
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