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Seth Berman Quoted on ‘Session Replay’ Lawsuits in Massachusetts Lawyers Weekly

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Seth Berman, a partner in Nutter’s Litigation Department and leader of the firm’s Privacy and Data Security practice group, commented on the proliferation of lawsuits over the use of “session replay code” to track the mouse clicks of website visitors in Massachusetts Lawyers Weekly. In the article, “Massachusetts seeing wave of ‘session replay’ suits,” Seth pointed out that session replay code lawsuits fit a pattern seen during the computer era, in which a party or prosecutor can make a “facially valid” argument that an older law should apply to new technology, leaving it to the courts to determine whether it applies. Seth stated that it was similar to how early hackers were charged under criminal trespass statutes, until legislators could draft and pass laws with more specificity.

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