News & Analysis as of

Facebook Privacy Laws

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more

Benesch

Scientific American Unable to Kick VPPA Class Action

Benesch on

In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more

Morrison & Foerster LLP - Social Media

Social Links: Courtside Seats

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit upheld the dismissal of a case that sought to hold Facebook parent company Meta liable for the 2015 mass shooting at Emanuel African Methodist Episcopal...more

Sunstein LLP

Hospital Websites Transfer Browser Data to Google and Facebook, But Escape Liability Under Wiretap Statute

Sunstein LLP on

To date, 19 states have adopted comprehensive data privacy laws, but Massachusetts is not among them. Thus, Massachusetts residents whose web browsing activities result in an unexpected loss of privacy sometimes base their...more

Society of Corporate Compliance and Ethics...

Navigating big data ethics: Real-world challenges

There is no better real-world example of significant data ethics complexities than Facebook. The data privacy scandal that has emerged over the past few years is a unique educational tool for any compliance professional or...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

Husch Blackwell LLP on

Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

Husch Blackwell LLP on

Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Fox Rothschild LLP

The Top 10 Privacy Law Issues From Last Month

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These are the top 10 things you need to know from from the world of privacy last month, as compiled by me. •Texas means business when it comes to biometrics. The Texas Attorney General recently secured a $1.4 billion...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I

In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2024

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Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more

Barnea Jaffa Lande & Co.

Privacy and AI in Israel and worldwide: a look to 2024

During 2023, privacy protection and artificial intelligence regulation continued apace and their implications continued to be a major focus in Israel and around the world. In Israel, this was reflected in a number of...more

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

Saiber LLC on

The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more

McDermott Will & Emery

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

McDermott Will & Emery on

On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

Sheppard Mullin Richter & Hampton LLP

Cutting the Cord on Video Privacy Protection Act Claims - The Emerging Non-Consumer Defense

Blockbuster Video may be extinct, but an obscure law designed to protect the privacy of video-tape renters is very much alive—the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, et seq. Enacted in 1988 after The...more

King & Spalding

FTC Takes Aggressive Swing at Tech Giant, Heightens Focus on Children’s Privacy, and Raises Additional Questions about FTC’s...

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On May 3, 2023, in an aggressive move that pushes the boundaries of its authority, the FTC proposed sweeping changes to Facebook parent Meta’s business practices after alleging that the company violated the commission’s 2012...more

Wilson Sonsini Goodrich & Rosati

Round Three: FTC Proposes Further Restrictions on Meta's Privacy Practices and a Complete Prohibition on Meta Monetizing Youth...

On May 3, 2023, the Federal Trade Commission (FTC) announced that it issued an order to show cause (the “show cause order”) to Meta Platforms, Inc. (formerly Facebook, Inc., “Meta”). The show cause order proposes major...more

Hinch Newman LLP

FTC Seeks to Prohibit Meta's Monetization of Children's Data

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On May 3, 2023, the FTC announced that it is proposing a blanket prohibition preventing Facebook from monetizing youth data. The Commission alleges that the company violated the 2020 privacy order and now proposes new...more

Bennett Jones LLP

Federal Court Dismisses Commissioner's Application In Facebook Privacy Case

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The Federal Court of Canada released a decision on April 14, 2023 in OPC v Facebook Inc.,2023 FCC 533 [Facebook], dismissing the Privacy Commissioner's application against Facebook (now Meta Platforms, Inc.) stemming from...more

Eversheds Sutherland (US) LLP

A blockbuster privacy law? VPPA’s scope remains unclear

Enacted in in 1988 after Judge Robert Bork’s video rental history was leaked by a store clerk and published in a newspaper profile about the Supreme Court nominee, the Video Privacy Protection Act (VPPA) was the result of...more

Perkins Coie

Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation

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After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more

Mintz - Privacy & Cybersecurity Viewpoints

An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.

The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint,...more

Davies Ward Phillips & Vineberg LLP

First OPC Ruling for 2023 Will Impact Third-Party Processor Contracts

The Office of the Privacy Commissioner of Canada (OPC) recently released findings stemming from a customer complaint that Home Depot of Canada (Home Depot) had violated the Personal Information Protection and Electronic...more

Faegre Drinker Biddle & Reath LLP

Meta Fines Expose EU Regulators’ Differences and Highlight Fundamental Issues for Data Controllers

Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...more

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