In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s WatchESPN Roku channel had shared a user’s Roku device number and video viewing history with a third-party analytics company for targeted advertising purposes. (Eichenberger v. ESPN, Inc., No. 15-35449 (9th Cir. Nov. 29, 2017)). The appeals court found that such a disclosure of a device identifier did not constitute “personally identifiable information” (PII) under the VPPA. In doing so, the court declined to take a broad interpretation of the 1980s era statute originally aimed at video stores, but which in recent years has been applied to online video streaming services and mobile and video streaming apps.
video privacy
No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers
By Jeffrey Neuburger on
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…
User of Free App May Be “Consumer” under the Video Privacy Protection Act
By Jeffrey Neuburger on
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 …
Important Circuit Court Ruling Limits Scope of VPPA Liability
By Jeffrey Neuburger on
The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with respect to the rental or purchase of movies on VHS videotape, and which has…