Behavioral Tracking

Special Assistant Attorney General Speaks On Privacy Issues At Alston & Bird’s Los Angeles Office

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As part of the California Attorney General’s ongoing effort to educate the business community regarding privacy issues, Jeffrey Rabkin, Special Assistant Attorney General for Law and Technology, briefed business professionals, privacy officers, in-house and outside counsel on May 13, 2014, in Alston & Bird’s Los Angeles Office.   Mr. Rabkin, who serves as Special Assistant Attorney General to California Attorney General Kamala D. Harris and is the Attorney General’s principal policy advisor on technology, discussed which privacy issues the California AG’s office [...] Read more

Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims

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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 video viewing selections and “personally identifiable information” to third parties comScore and Facebook in violation of the Video Privacy Protection Act (“VPPA”). The VPPA prohibits disclosures of personally [...] Read more

Northern District of California to Decide in the In re Hulu Privacy Litigation Whether Disclosing Anonymized Data to a Web Analytics Company and Use of the Facebook “Like” Button Violate the Video Privacy Protection Act

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Any company that has a website that (a) contains videos, (b) uses a third-party analytics company to maintain metrics on page views and/or (c) allows users to “like” videos on the site should pay very close attention to the In re Hulu Privacy Litigation pending in the United States District Court of Northern California. In that case, the plaintiffs are seeking statutory damages of $2,500 per violation for alleged video sharing in violation of the Video Privacy Protection Act (VPPA). As there are millions of views per day on the Hulu site, the alleged statutory damages could represent [...] Read more

Kim Peretti and Dominique Shelton Quoted in “Privacy Cases to Watch in 2014”

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Kim Peretti and Dominique Shelton, partners in the firm’s Privacy & Data Security Group, were quoted in a Law360 article discussing the privacy cases to watch in 2014. Peretti noted that the top item on most privacy attorneys’ watch list is how judges will respond to arguments by Wyndham Worldwide Corp. and LabMD Inc., two high-profile cases against the companies over their alleged failure to properly secure consumer data, which will show the challenges to FTC’s data security authority to set standards for the private sector. “As soon as regulators hear about a [...] Read more

2013 Ends with a Bang – Northern District of California Court Denies Hulu’s Summary Judgment Motion in Video Tracking Case

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Many companies host videos on their websites or via mobile apps. They often use analytic companies/vendors to help them track whether the videos are in fact viewed and other information about site usage. This is precisely the issue at the core of the case titled In re Hulu Privacy Litigation, pending in the Northern District of California. In a December 20, 2013 decision, the Northern District of California held that under the Video Privacy Protection Act (“VPPA”), plaintiffs have no obligation to provide evidence of injury above and beyond the statutory violation of alleged knowing [...] Read more