Free App User Is Subscriber Under Video Privacy Act

Downloading and using a free mobile application, which shared the geolocation of the user’s mobile device with a third party, could qualify the app’s user as a subscriber under the Video Privacy Protection Act (VPPA), the U.S. Court of Appeals for the First Circuit held April 29 (Yershov v. Gannett Satellite Info. Network, Inc., 2016 BL 136751, 1st Cir., 15-1719, 4/29/16).

The appeals court disagreed with the lower court and declined to interpret the VPPA, 18 U.S.C. § 2710, as incorporating monetary payment as a necessary element of being a subscriber.

According to the putative class ...