Ending a four-year battle that has helped define the parameters of the Video Privacy Protection Act’s (VPPA) application to new technologies, on March 31, 2015, Northern District of California Magistrate Judge Laurel Beeler dismissed with prejudice the In re: Hulu Privacy Litigation. In doing so, Judge Beeler found that there was simply no evidence that […]
Privacy Litigation
Third Circuit Questions FTC’s Data Security Authority
On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]
TD Bank NA Settles Data Breach Lawsuit with Mass. AG
TD Bank North America (“TD Bank”) and the Massachusetts Attorney General announced an agreement on December 8 to end a data breach lawsuit brought against TD Bank by the Massachusetts Attorney General. The lawsuit alleged that TD Bank failed to properly protect and encrypt personal customer information contained on two server backup tapes that it […]
U.S. Court Requires Microsoft to Produce Data Stored in Ireland Pursuant to SCA Search Warrant
On April 25, a federal magistrate judge ruled that Microsoft must disclose to U.S. federal investigators the contents of a customer’s email account stored outside of the United States. Microsoft had previously complied with portions of a search warrant seeking certain other information related to the targeted email account, but the company moved to quash the […]
Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims
Any company that hosts videos on their websites and uses analytics or includes a “Like” button or other social plug-in should pay very close attention to yesterday’s decision in In re Hulu Privacy Litigation Case case. As per Alston & Bird’s previous advisory, in the Hulu case, the named plaintiffs allege that Hulu wrongfully disclosed their […]