Joffe

ORDER

Appellant’s motion for leave to file a reply brief in support of its petition for rehearing and rehearing en banc, filed on November 6, 2013, is GRANTED.

Appellant’s petition for rehearing, filed on September 24, 2013, is GRANTED IN PART. The court’s opinion, filed on September 10, 2013, and appearing at 729 F.3d 1262 (9th Cir.2013), is hereby AMENDED. An amended opinion is filed concurrently with this order.

Judge Bybee votes to deny Appellant’s petition for rehearing en banc, filed on September 24, 2013, and Judge Tashima and Judge Stafford so recommend. The full court has been advised of Appellant’s petition for rehearing en banc, and no request to vote on whether to rehear the case en banc has been made. Appellant’s petition for rehearing en banc is DENIED.

No subsequent petitions for rehearing or rehearing en banc shall be filed by either party.

OPINION

In the course of capturing its Street View photographs, Google collected data from unencrypted Wi-Fi networks. Google publicly apologized, but plaintiffs brought suit under federal and state law, including the Wiretap Act, 18 U.S.C. § 2511 . Google argues that its data collection did not violate the Act because…