Scope under CIPA §631

This subsection defines how 'wiretapping' is used descriptively in the study, distinguishing it from unlawful conduct, and details the conservative operational scope, excluding the evaluation of affirmative defenses like consent or statutory exceptions for CIPA §631.

Key Points:

The term 'wiretapping' is used descriptively to denote contemporaneous acquisition of user inputs and remote transmission.
Whether such conduct is unlawful under CIPA §631 is a separate legal question beyond the study's scope.
The analysis conservatively flags scripts that both attach key-event listeners and cause off-device transmission of inputs.
The study does not evaluate affirmative defenses such as asserted user consent, 'ordinary course of business' processing, or lack of harm.
CIPA §631 requires prior, specific, and effective consent from all parties, which is not evaluated programmatically.