The Harris case, described above, may make a dent in this argument. Judge Sciarrino drew specific attention to differences between different types of information that come into play when a user posts content on an Internet site. “Content” information makes up “the substance, purport, or meaning of that communication”, but the act of posting also generates non-content information — logs about account usage and the mailer header that carries information about which email address the post originated from, IP addresses, browser type used and so on. The latter, according to Judge Sciarrino, is non-content information and may not be eligible to protection under privacy laws as they currently stand in the US.
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