‘Web Bugs’ To Track Opposing Counsel Unethical

Lawyers should not use “web bugs” to track the location and email habits of opposing counsel, both the Alaska Bar Association Ethics Committee and the New York State Bar Association have said. Alaska’s Oct. 26 ruling on the issue said that the web bugs can be used to learn when and how often email was opened, how long it was reviewed, whether the email or attachment was forwarded, and the rough geographical location of the recipient. The ethics boards said web bugs may reveal information that interferes with the lawyer-client relationship, and the preservation of client confidences.