Ethan Forrest

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Eleventh Circuit Hands Another VPPA Loss to Video App Plaintiffs

In Perry v. Cable News Network, the Eleventh Circuit dealt another loss to putative class-action plaintiffs seeking to use the Video Privacy Protection Act (“VPPA”) as a weapon against free online video services. The court affirmed that to be a “subscriber” of a video service—someone who can sue under the VPPA—one must have a genuine … Continue Reading

Third Circuit Takes Narrow View of PII Under the VPPA

Last week, the Third Circuit adopted a narrow definition of “personally identifiable information,” or “PII,” under the Video Privacy Protection Act (“VPPA”), joining the majority of district courts that have addressed similar issues.  The VPPA defines PII as information that “identifies a person as having [obtained a video]” from a video tape service provider (“VTSP”). … Continue Reading

Video Privacy Protection Act Rulings in Gannett and CNN Reach Opposite Conclusions

In two cases last week, two courts entered widely divergent rulings on the central question of the specific definition of “personally identifiable information,” or “PII,” under the Video Privacy Protection Act (“VPPA”).  The VPPA defines PII as information that “identifies a person as having [obtained a video]” from a video tape service provider (“VTSP”). In … Continue Reading

Device IDs alone are not PII under the VPPA, New York district court rules.

In another ruling that adopts a narrow reading of the term “personally identifiable information” (“PII”) in the Video Privacy Protection Act (“VPPA), a New York district court held in Robinson v. Disney Online that a plaintiff failed to plead a VPPA claim against Disney based on Disney’s sharing a device ID and viewing information with … Continue Reading

Free Cartoon Network App User Not a “Subscriber” Under VPPA, Rules Eleventh Circuit

On October 9, the Eleventh Circuit affirmed in Ellis v. Cartoon Network, Inc. that a person who downloads and uses a free mobile application to view freely available content is not, without more, a “subscriber” under the Video Privacy Protection Act (“VPPA”). Cartoon Network offers a free mobile app that people can download to watch … Continue Reading
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