No. 02-2138.

329 F.3d 9 (2003)

In re PHARMATRAK, INC. Privacy Litigation, Noah Blumofe, on behalf of himself and all others similarly situated; Rob Barring; Jim Darby; Karen Grassman, on behalf of herself and all others similarly situated; Robin McClary; Harris Perlman; Marcus Schroers, Plaintiffs, Appellants, v. Pharmatrak, Inc.; Glocal Communications, Ltd., Defendants, Appellees, Pfizer, Inc.; Pharmacia Corp.; Smithkline Beecham Plc; Glaxo Wellcome PLC; Does 1-100; American Home Products Corp.; Novartis Corp., Defendants.

United States Court of Appeals, First Circuit.

Decided May 9, 2003.

Attorney(s) appearing for the Case

Adam J. Levitt with whom Daniel W. Krasner, David A.P. Brower, Wolf Haldenstein Adler Freeman & Herz LLC, Seth R. Lesser, Andrew M. Gschwind, Bernstein Litowitz Berger & Grossmann LLP, Melvyn I. Weiss, Michael M. Buchman, Dennis Stewart, William J. Doyle II, Milberg Weiss Bershad Hynes & Lerach LLP, Nancy Freeman Gans, and Moulton & Gans, P.C. were on brief for appellants.

Seymour Glanzer with whom Carmela N. Edmunds and Dickstein Shapiro Morin & Oshinsky LLP were on brief for appellees.

Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

This case raises important questions about the scope of privacy protection afforded internet users under the Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. §§ 2511, 2520 (2000).

In sum, pharmaceutical companies invited users to visit their websites to learn about their drugs and to obtain rebates. An enterprising company, Pharmatrak, sold a service, called "NETcompare," to these pharmaceutical companies. That...


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