One can scarcely browse the internet without encountering a story on the use of Artificial Intelligence (AI) by businesses or websites. While recently most attention has focused on generative AI and the increasing use of chat...more
Google has recently been named in three lawsuits that challenge how it collects users' personal information and whether users can opt out of the collection. Each of these cases raises important issues relating to notice and...more
On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more
11/11/2016
/ Breach Notification Rule ,
Broadband ,
Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Breach ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Personally Identifiable Information ,
Preemption ,
Section 222 ,
Telecommunications
On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect consumer privacy by...more
On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more
5/13/2016
/ Actual Damages ,
Amended Legislation ,
Class Action ,
Federal Trade Commission (FTC) ,
GPS ,
Mobile Apps ,
Persistent Identifiers ,
Personal Data ,
Personally Identifiable Information ,
Subscribers ,
Video Privacy Protection Act
As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more
4/27/2016
/ Broadband ,
Cable Operators ,
Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
NPRM ,
Personally Identifiable Information ,
Section 222 ,
Telecommunications
Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more
4/21/2016
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Encryption ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Incident Response Plans ,
New Legislation ,
Notification Requirements ,
Personally Identifiable Information ,
Safe Harbors
Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of a provider’s service to...more
The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more
Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed class actions in which...more
Plaintiffs in two recently dismissed class actions alleging violations of the Video Privacy Protection Act (“VPPA”) filed notices of appeal this week, asking the Third and Eleventh Circuit Courts of Appeals to hit the rewind...more
A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more
1/30/2015
/ Advertising ,
Class Action ,
Cookies ,
Dismissals ,
Dow Jones ,
Facebook ,
Hulu ,
Online Advertisements ,
Personally Identifiable Information ,
Putative Class Actions ,
Social Media ,
VPPA
On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the Video Privacy...more
In Padilla v. DISH Network L.L.C., a former subscriber alleged DISH failed to destroy his personally identifiable information (PII) upon cancellation of service, and failed to continue sending annual privacy notices while...more