In late August of this year, the Ninth Circuit in Popa v. Microsoft Corporation found that “there existed no free-roaming privacy right at common law” and clarified that an alleged violation of a statutory privacy right on its own does not automatically constitute a concrete injury sufficient for Article III standing. Recently, two district judges, in Gabrielli v. Haleon and Khamooshi v. Politico LLC, applied Popa’s standing analysis to pen register and trap and trace claims under the California Invasion of Privacy Act. In this article, we provide a background on pen register and trap and trace claims under CIPA and look at the Article III standing analysis for such claims before and after Popa.

CAADCA, signed into law in 2022, was far reaching, swiftly opposed, and ultimately enjoined in its entirety. NetChoice, a collective of technology companies challenging online regulation of speech on behalf of their members, raised multiple First Amendment challenges. Similar arguments have been successful in overturning age verification legislation in Texas, Arkansas, Mississippi, and Ohio, and are currently being used to challenge legislation in Georgia, Louisiana, Maryland, Tennessee, and Utah.