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Federal Court Allows Children’s Online Privacy Claims Against Disney, Viacom, and Online Ad Networks That Collected Data from Gaming Apps to Go Forward

On May 22, 2019, a federal district court largely denied a facial challenge by Disney, Viacom, and several online advertising networks to claims alleging these defendants violated the privacy rights of children by collecting data through online gaming apps. In McDonald v. Kiloo APS,[1] the defendants consisted of two groups: the developers who created the … Continue Reading

Belgian Facebook Case Referred to the European Court of Justice

On May 8, 2019, the Brussels Court of Appeal referred the Belgian Data Protection Authority’s (DPA) case against Facebook to the European Court of Justice (CJEU) to address jurisdictional issues regarding which DPA is competent to bring enforcement actions against Facebook. The case deals with Facebook’s collection of individuals’ data through cookies stored in Facebook’s … Continue Reading

Feeling BLU: What You Need to Know About Overseeing Your Service Providers

On April 30,2018, the Federal Trade Commission (FTC) announced a settlement with mobile phone manufacturer BLU Products and its owner over allegations that the company failed to implement appropriate procedures to oversee their service providers’ security practices, which allowed the service provider to install software containing commonly known security vulnerabilities on consumers’ mobile devices and … Continue Reading

Federal Judge Allows Researchers’ First Amendment Challenge to CFAA’s “Access” Provision to Move Forward

On March 30, 2018, in Sandvig v. Sessions,1 the U.S. District Court for the District of Columbia held that a group of academic researchers can move forward with their First Amendment challenge to the Computer Fraud and Abuse Act (CFAA),2 a federal law that criminalizes, among other things, accessing a computer in a manner that … Continue Reading

Ninth Circuit Narrowly Defines “Personally Identifiable Information” Under the VPPA

On November 29, 2017, the U.S. Court of Appeals for the Ninth Circuit joined the Third Circuit in narrowly defining “personally identifiable information” under the Video Privacy Protection Act (VPPA), holding in Eichenberger v. ESPN that the disclosure of a unique device identifier does not violate the act.1 The VPPA was passed in 1988 in … Continue Reading

Judge Dismisses Facebook Web-Tracking MDL

In November 2017, Judge Edward J. Davila dismissed a major multidistrict litigation accusing Facebook of unlawfully tracking users’ browsing activity across websites while they were signed out of their accounts.1 The plaintiffs originally asserted several common law, tort, and statutory claims. Judge Davila dismissed most of those claims pursuant to earlier motions, leaving only the … Continue Reading
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