In a column for AdExchanger, Davis & Gilbert Partner Richard Eisert discusses a recent court ruling and how it affects marketing companies serving up third-party cookies. U.S. District Judge Edward Davila ruled that the onus falls on the individual user to keep browsing history private rather than on a company to set privacy as a default. “This is good news for marketers who serve interest-based advertisements online with the help of third-party cookies,” he writes. Plaintiffs alleged that Facebook used the “like” buttons from other websites to track and build user browsing histories and that, by storing this history, the company violated federal and state privacy and wiretapping laws. Eisert concludes, “the Facebook decision is a solid green light for advertisers to keep using third-party cookies to collect data used for interest-based advertising so long as individuals are given appropriate notice and choice, allowing them to protect their privacy if they take steps to do so.”  
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