Narrow Definition of "Personally Identifiable Information" Kills VPPA Case--Eichenberger v. ESPN

Narrow Definition of “Personally Identifiable Information” Kills VPPA Case–Eichenberger v. ESPN

This is a Video Privacy Protection Act case. Plaintiff downloaded the WatchESPN channel on his Roku device and used it to watch videos. When he watched a video, ESPN disclosed the plaintiff’s device serial number and video title to Adobe Analytics….

Facebook Defeats Lawsuit Over Tracking Logged-Out Users--In re Facebook Internet Tracking

Facebook Defeats Lawsuit Over Tracking Logged-Out Users–In re Facebook Internet Tracking

Facebook allegedly improperly tracked the activity of logged-out Facebook users on third party websites. Plaintiffs asserted claims based on common law rights and based on federal and state statutes, but the court previously rejected those. In the latest ruling, the court…

Privacy Plaintiffs Lack Standing Against NBA 2K15’s Face-Scanning Technology

This is a putative class action lawsuit against Take-Two, the video game publisher. Plaintiffs allege that the “MyPlayer” feature on NBA 2K15 violated Illinois’ biometric information privacy statute. The feature allowed players to upload a face-scan and then use a…

Section 230(c)(2) Protects Anti-Malware Vendor–Enigma v. Malwarebytes

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In 2009, the 9th Circuit ruled that Section 230(c)(2) protected Kaspersky from liability for blocking Zango’s software as adware. Since that ruling, we have seen relatively few…

Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So

Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In Cockrum v. Donald J. Trump for President (see the amended complaint), the Trump campaign is being sued for allegedly colluding with Wikileaks and the Russians…

App Listening For Audio Beacons May Be Illegal Wiretapping--Rackemann v. Colts

App Listening For Audio Beacons May Be Illegal Wiretapping–Rackemann v. Colts

This is a lawsuit against the Colts and app developers, alleging that the Colts’ app activates a device’s microphone and temporarily records portions of audio, for advertising purposes. The app monitors the audio for “beacon tones” which are then used…

Nigerians Phish a B2B Transaction & Steal $736k. Who Bears the Loss?--Beau Townsend Ford v. Don Hinds Ford

Nigerians Phish a B2B Transaction & Steal $736k. Who Bears the Loss?–Beau Townsend Ford v. Don Hinds Ford

This case could be a law school exam. Beau Townsend Ford (the seller) was looking to unload Ford Explorers in bulk. Their sales guy connects with a person at Don Hinds Ford (the buyer). They had transacted with each other…

Face Scanning Lawsuit Against Shutterfly Survives Motion to Dismiss

This is a lawsuit against Shutterfly alleging violations of Illinois’ biometric information privacy act. The plaintiff, who is not a Shutterfly customer, alleged that a photograph of him was uploaded (by a Shutterfly customer) to Shutterfly’s site and the uploader…

On Remand, Ninth Circuit Says Robins Satisfied Article III Standing

Robins v. Spokeo is a putative class action that looked like it would examine the contours of Article III standing. The Supreme Court remanded to the Ninth Circuit so it could take a second look as to whether Spokeo’s allegations amounted…

LinkedIn Enjoined From Blocking Scraper--hiQ v. LinkedIn

LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn

hiQ Labs has scraped LinkedIn public profiles for several years. hiQ offers two products, entirely predicated on LinkedIn-scraped data: (1) a prediction to employers which employees were mostly likely to be recruited away, and (2) a summary of employee skills….