The European Commission recently formally adopted the much discussed EU-U.S. “Privacy Shield.”
For a summary of what this may mean for U.S. companies, please see my colleague’s post on our Privacy and Data Security Blog.
No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers
Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’ videotape rental and purchase history but lately applied to the modern age of video streaming
NTIA Multistakeholder Process Finalizes General Privacy Guidelines for Commercial Facial Recognition Use
We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition technology. Notably, last year, the self-regulatory initiative hit a stumbling block when nine consumer advocacy groups withdrew from the process due to a lack
Craigslist Files Another Suit against Data Scraper
For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from scraping, linking to or accessing user postings for their own commercial purposes. In a prior post, we briefly discussed craigslist’s action against a certain aggregator that was scraping content from the craigslist site (despite having
Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation
Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and litigation in the past year. This amendment had the potential to drastically affect
Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor
Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a storage provider must establish that the infringing content was stored “at the direction of the user.”
California Court Refuses to Dismiss Biometric Privacy Suit against Facebook
The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared to “web wrap” website terms of use, the enforceability of a choice-of-law provision in such terms
User of Free App May Be “Consumer” under the Video Privacy Protection Act
This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line regarding VPPA liability when it comes to mobile apps. (See Yershov v. Gannett
Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover
We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important legal issues associated with such change. Among other things, the
Google Is the Latest Online Provider to Face Class Action over Collection of Faceprints
As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). Add one more to the list. A Chicago resident brought a putative class action against Google for allegedly collecting, storing