Crowley v. Cybersource Corp.
166 F.Supp.2d 1263
In the United States District Court for the Northern District of California
Case Number C-00-3180
Before District Judge Orrick
Decided on September 13, 2001

Relevancy of the Case: Complaint against a payment processor under the Electronic Communications Privacy Act for storing personal details of Amazon’s customers for profiling

Statutes and Provisions Involved

• The Federal Wiretap Act, 18 U.S.C. §§ 2510-2522
• The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2719

Relevant Facts of the Case

• The plaintiff visited Amazon’s website to purchase goods and gave his name, credit card, and other personal information. Amazon sent the data to CyberSource for payment processing and verification.
• CyberSource allegedly stored the data and used it to create customer profiles. The plaintiff alleges that this invades privacy and is unlawful.
• CyberSource filed a motion to dismiss the plaintiff’s first cause of action for violating the Wiretap Act. Amazon has also filed a motion to dismiss the complaint regarding improper venue.

Prominent Arguments by the Advocates

• The plaintiff’s counsel argued that CyberSource intercepted and disclosed the information, violating the Wiretap Act. The counsel also submitted that this violates the contract against Amazon.
• The respondent’s counsel highlighted the presence of a forum selection clause in the agreement. Therefore, the court should dismiss this action for improper venue.

Opinion of the Bench

• The claims in the present case are related to the Privacy Policy, not the Participation Agreement, which mentions the forum selection clause. Hence, it is not applicable here.
• There is no right of action for a civil action against someone who aids and abets a violation of the Wiretap Act.
• Amazon acted as a second party to the communication, which does not amount to interception.

Final Decision

• The court dismissed Amazon’s motion for improper venue.