Amazing what’s out there on the web that may in the future provide interesting facts for lawyers. A July 21, 2014 report at ProPublica provides an overview of emerging news about a technology known as “canvas fingerprinting.” The technology records web site visits even if the browser is set to hide a user’s identity. So, now, for at least some web sites, lawyers potentially have a way to find out if juror X read a news article on the Acme trial. Or, a way to find out if opposing counsel or an expert has been visiting a web site. Or, perhaps a way to see if employees of company x (or government x) were browsing through your client’s web site. Perhaps the DOJ (or a divorce lawyer) can subpoena information about where your client was web browsing. And, does your client’s company want to allow/use or not allow/use the technology on its web site. Are your Ds and O’s talking about these issues with your CIO? The list could go on …….and even more tracking software perhaps is out there but we do not yet know about it….
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