A widening circuit split over the meaning and reach of the Video Privacy Protection Act demonstrates a persistent ambiguity in the federal law that has become a favorite of the class action bar, according to a former cybercrimes federal prosecutor.
The legal question at issue is whether that statute, designed to protect people from the disclosure of their “personally identifiable information” by brick-and-mortar video stores, should be applied to online transactions. Cases involving professional sports leagues, online video platforms, and social media advertising have divided federal appeals courts.
The split is driven by an increase in privacy suits under the ...
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