Judge tosses privacy suits accusing LinkedIn of scanning users’ Chrome extensions

A federal judge has dismissed two class-action lawsuits against Microsoft subsidiary LinkedIn over allegations that the professional networking platform scanned users’ Chrome browser extensions, in a dispute that came to be known as “BrowserGate.”

Judge Vince Chhabria of the US District Court for the Northern District of California granted LinkedIn’s motion to dismiss, finding that the plaintiffs — California residents Nicholas Farrell and Jeff Ganan, who filed separately in April — had not adequately established standing to sue. In his ruling issued Tuesday, the judge noted that neither plaintiff claimed to have installed browser extensions that transmitted private information to LinkedIn.

Chhabria permitted the plaintiffs to amend their complaints, but he expressed skepticism about their prospects. Because users voluntarily download browser extensions, which by design expose data to websites, he wrote that it appears unlikely the plaintiffs could ever plead a privacy violation successfully, let alone win the case.

What’s next for the plaintiffs

J.R. Howell, the attorney representing Ganan, said he is weighing two paths: refiling the claims in California state court, where standing requirements differ from federal standards, or appealing the dismissal to the US Court of Appeals for the Ninth Circuit.

LinkedIn, which Microsoft acquired in 2016, has faced a series of privacy-related legal challenges in recent years. The outcome removes a legal overhang for the unit of Microsoft, whose shares traded at $491.65 on the day, down 0.32% from a previous close of $493.25, with a market capitalization of roughly $3.71 trillion.

The ruling may carry implications beyond LinkedIn, as it touches on how courts evaluate privacy claims tied to browser-based data collection — an area where major platform operators have increasingly drawn litigation.

Source: original release

What to watch

• Whether plaintiffs amend their complaints in federal court or refile in California state court
• A potential appeal to the Ninth Circuit Court of Appeals
• Any similar privacy suits filed against other platform operators over browser extension scanning
• Microsoft’s upcoming quarterly earnings report for commentary on legal and regulatory matters