research of Mayer and the Wall Street Journal; and it was of
indefinite duration, with Google’s counsel conceding at
argument that their tracking cookies have no natural lifespan.
Particularly as concerns Google’s public statements regarding
the Safari cookie blocker, we see no justification. Neither,
apparently, do the elected branches, as California and federal
executive agencies have themselves sought to penalize
Google for the events alleged in the complaint.133 Based on
the pled facts, a reasonable factfinder could indeed deem
Google’s conduct “highly offensive” or “an egregious breach
of social norms.”134
A reasonable jury could conclude that Google’s
alleged practices constitute the serious invasion of privacy
contemplated by California law. We will vacate the dismissal
of the plaintiffs’ claims under the California Constitution and
California tort law.
B.
California Invasion of Privacy Act
We next consider the plaintiffs’ claim against Google
for violation of the California Invasion of Privacy Act, Cal.
Penal Code § 631(a). Like the federal Wiretap Act, § 631(a)
“broadly prohibits the interception of wire communications
and disclosure of the contents of such intercepted
communications.”135 The California Supreme Court has
133
Compl. ¶¶ 166-68; infra n. 12.
134
Id. (internal quotation marks omitted).
135
Tavernetti v. Superior Court, 583 P.2d 737, 739 (Cal.
1978).
56
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