Congress moves to shield tech companies from wiretapping laws
H.R. 10263 — Halt Abusive Internet Lawsuits Act of 2026 · Filed by Russ Fulcher (R-ID) · Introduced Sep 3, 2026 · Referred to committee
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What it does
This bill exempts companies engaged in digital commerce from federal and state wiretapping, eavesdropping, and privacy laws—including California's Invasion of Privacy Act—when they collect, process, or disclose customer information for commercial purposes. It also terminates any ongoing lawsuits or claims under these laws, even those already filed before the bill's enactment.
Why we flagged it
The bill's operative mechanism is a blanket immunity grant to companies collecting consumer data under the guise of 'digital commerce.' It does not regulate or clarify commerce law; it exempts commercial data collection from existing privacy and wiretapping statutes.
What the text implies
- Session replay, pixel tracking, and chatbot interactions—technologies that capture keystroke-level user behavior—are explicitly shielded from wiretapping law, which previously prohibited unauthorized interception of electronic communications.
- The immunity applies retroactively: lawsuits already filed before enactment are terminated and cannot proceed, eliminating remedies for conduct that occurred under the old legal regime.
The full analysis lists 5 implications of this text.
Who stands to gain
digital advertising and ad-tech companies; data brokers and analytics firms; e-commerce platforms and online retailers