A party to the communication may record or intercept it under one-party consent regimes. In website tracking litigation the question is whether a technology vendor acts as an extension of the site operator or as a separate party.
All-party consent states narrow the exception.
Alternative Names:
Party to the Communication Exception|Direct Party Exception
Why it Matters?
The extension theory is what makes the exception available in tracking cases, treating a vendor performing services for the operator as part of the operator rather than a third party, and courts have accepted it where the vendor's use is confined to service delivery. Vendor agreements restricting independent data use support the argument. Vendors monetizing the data for their own purposes fall outside it.
Frequently Confused with
Related terms
Frequently asked questions
How does the exception apply to vendors?
What defeats the theory?
