Legal Case Study and Research for Discussion # 9, Chapter 12 - Internet and Information Security In Re Pharmartrak, Inc, 329 F.3d 9, 2003 United States Court of Appeals, First Circuit A company named Pharmatrak provided software that enabled pharmaceutical companies to compare traffic on different parts of their Websites with the same information form competitors' websites. This software, called NETcompare, recorded the time a viewer spent on each Web page, her IP address, and the Web page she viewed immediately before arriving at the client's site. NETcompare was not designed to collect personal information about individual visitors, and Pharmatrak promised potential clients that the software could not and did not collect PII. Some of the pharmaceutical clients explicitly conditioned their purchase of NETcompare on Pharmatrak's guarantees of visitor confidentiality. Pharmatrak sent monthly reports to its clients covering topics such as the most important links to a site and its most heavily visited pages. These monthly reports did not contain any PII. However, it turned out that by an accident of programming, NETcompare did collect some personal information on a small number of users. Plaintiffs were a group of Internet users whose personal data were collected by NETcompare. The information included name, address, telephone number, email address, date of birth, gender, insurance status, educational level, occupation, medical conditions, medications taken, and reasons for visiting the particular Website. These plaintiffs filed a class action lawsuit against Pharmatrak, alleging that the company violated the Electronic Communication Privacy Act (ECPA). The Plaintiffs argued that Pharmatrak would not collect PII, yet it did. The Defendants argued that the ECPA only applied it their was an intent to collect this personal data. They did not intentionally design the software (NETcompare) so that it would gather this information and they never used the personal information. Any violation by Pharmatrak was not intentional. The court held. . . . Your assignment is to locate this case and post what the court held and their legal reasoning. Also state whether you feel the court was correct based what you have learned in this course. You must be specific as to the legal basis for your opinion. You may want to look back in Chapter 9 and determine if this particular statute was violated.