Orin Kerr weighs in on the Google Cookie opinion

Orin Kerr has posted this lengthy explanation and analysis at Volokh Conspiracy of the Third Circuit’s opinion in In re Google Inc. Cookie Placement Consumer Privacy Litig. (my prior post on the case is here). The Third Circuit opinion discussed at length Professor Kerr’s scholarship, and his take on the opinion is likely to be taken seriously, too.

Professor Kerr’s bottom-line assessment:

I think the opinion is correct. It’s somewhat easy for me to say that, as the court agreed with and quoted my earlier writing on this issue * * *. Seriously, though, this was the first thorough and careful treatment of a really hard and important issue. Good for the Third Circuit for delving into the details of it; I suspect the opinion will be very influential.