Whether an internet content provider violates the Wiretap Act where a computer user's web browser instructs the provider to display content on the webpage the user visits

QUESTION PRESENTED The Wiretap Act prohibits the “intentionall[] interceptfion]” of an “electronic communication,” but precludes liability for a “party to [a] communication” or when a party consents to the interception. 18 U.S.C. § 2511(1), (2)(d). Internet webpages are frequently composed of content—images and text—sent from multiple providers according to instructions communicated by a user’s web browser to obtain that content. The question presented is: Whether an internet content provider violates the Wiretap Act where a computer user’s web browser instructs the provider to display content on the webpage the user visits.