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Chamber and Massachusetts Nonprofit Network File Amicus Brief in Vita v. New England Baptist Hospital
Chamber and MNN Urge SJC to Protect All Businesses from Unreasonable Penalties for Normal Website Use
BOSTON, MA – On Wednesday, March 13, 2024, the Greater Boston Chamber of Commerce (the “Chamber”) and the Massachusetts Nonprofit Network (“MNN”) filed an amicus brief supporting the defendants in Vita v. New England Baptist Hospital (No. SJC-13542). The amicus brief urges the Massachusetts Supreme Judicial Court to hold that the routine use of standard website analysis and advertising technology, also known as AdTech, does not violate the Massachusetts Wiretap Act. If the Superior Court’s decision were to stand, any business in the Commonwealth that monitors utilization of their website may be subject to massive civil and criminal penalties placing companies across Massachusetts at a competitive disadvantage.
The amicus brief argues that the Superior Court’s decision is contrary to the Court’s recent cases that narrowly interpret the Wiretap Act, the decision diverges from the legislative intent of the Wiretap Act, and the decision disregards the significant difference between website browsing and telephone calls. The 1968 Wiretap Act criminalizes eavesdropping on the conversations of two parties, but website browsing is a multi-party activity, involving publicly-accessible servers and commonly used notice of “cookies” and other technologies to monitor online activity. If the Court holds that everyday monitoring of websites violates the Wiretap Act, it will detrimentally impact for-profit and non-profit businesses of all sizes and across all industries.
The outcome of the case could have major repercussions to conducting business in the Commonwealth and hinder both large and small businesses with an online presence. It could also seriously hamper innovation and new business formation utilizing online resources: in 2023, the state ranked 47th in the number of new business formations per capita, according to a report by the U.S. Chamber of Commerce that is based on census report data.
“With this amicus brief, the Chamber and MNN recognize the importance of common advertising technology to everyday business practices for companies and non-profits of all sizes and across every industry. To penalize companies for the use of advertising technology would place Massachusetts as an outlier and place a significant burden on businesses across the Commonwealth,” said James E. Rooney, President & CEO of the Greater Boston Chamber of Commerce.
There are significant concerns about the potential impact that the court’s decision could have on the nonprofit sector: nonprofit organizations employ approximately 18 percent of the Commonwealth’s workforce and provide essential services and benefits to vulnerable communities and populations in need throughout the state.
“The impacts of this litigation could be catastrophic for nonprofits as well as for businesses,” said Jim Klocke, CEO of MNN. “Nonprofits rely heavily on technology to connect with and serve their constituents. This litigation, if allowed to advance, will impose immense costs on all types of nonprofits simply because they have used widely-available software to run their organizations. The result would be fewer services for people in need.”
Download the Amicus Brief here.
About the Amicus Advisory Board
The Greater Boston Chamber of Commerce created the Amicus Advisory Board to ensure that public policy efforts are elevated to the Supreme Judicial Court and the judicial branch hears the voice of Chamber members. Members of the Advisory Board review and determine whether to file amicus curiae briefs, which emphasize the significant and far-reaching impact of the S.J.C.’s decisions on the state’s economy, the business community, the conduct of commerce, and the Chamber’s policy priorities. Learn more at Amicus Advisory Board..
About the Greater Boston Chamber of Commerce
The Chamber is the convener, voice, and advocate of the region’s business community, committed to making Greater Boston the best place for all businesses and all people to thrive. We help our members and Greater Boston succeed by convening and connecting the business community; researching, developing and advocating for public policies that contribute to our region’s economic success; and providing comprehensive learning and development programs designed to grow strong business and civic leaders. Learn more at BostonChamber.com.
About the Massachusetts Nonprofit Network
The Massachusetts Nonprofit Network (MNN) brings together nonprofits, funders, business leaders, and elected officials to strengthen nonprofits and raise the sector’s voice on critical issues. The network has more than 600 nonprofit member organizations and more than 100 for-profit affiliate partners. www.massnonprofitnet.org.
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