Kathleen Vita v. New England Baptist Hospital (and a Consolidated Case)

Summary

The court held that the Massachusetts wiretap act is ambiguous as to whether tracking a user's browsing and interactions with publicly available hospital website information constitutes interception of a protected wire communication. Applying the rule of lenity because the act carries criminal as well as civil penalties, the court concluded that the alleged conduct was not clearly prohibited and reversed the denial of the hospitals' motions to dismiss. The court also held that Vita had standing because she alleged a particularized, nonspeculative injury within the statute's area of concern.