Green on Candidate Privacy @WMLawSchool

Media Law Prof Blog

Rebecca Green, William & Mary Law School, is publishing Candidate Privacy in the Washington Law Review. Here is the abstract. In the United States, we have long accepted that candidates for public office who have voluntarily stepped into the public

Marmor on Privacy in Social Media @CornellLaw

Media Law Prof Blog

Andrei Marmor, Cornell Law School, has published Privacy in Social Media as Cornell Legal Studies Research Paper No. This paper is about the state of privacy in social media. Most people’s immediate concern about privacy


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Employee Privacy

Media Law Prof Blog

Willborn, University of Nebraska, Lincoln, College of Law, is publishing Notice, Consent, and Non-Consent: Employee Privacy in the Restatement in volume 100 of the Cornell Law Review (2015). Privacy claims necessarily entail two determinations Steven L. Here is the abstract.

Wow! Illinois Biometric Privacy Suits Proliferate

New Media and Technology Law

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant chain, over its use of self-order kiosks that allow customers to use faceprints as a method to authenticate purchases. We will continue to monitor developments in these disputes and other ongoing biometric privacy litigation.

Garry on The Erosion of Common Law Privacy and Defamation @USDKnudsonLaw

Media Law Prof Blog

Garry, University of South Dakota School of Law, has published The Erosion of Common Law Privacy and Defamation: Reconsidering the Law's Balancing of Speech, Privacy, and Reputation at 65 Wayne Law Review 279 (2020). Patrick M.

Rights of Publicity and Privacy in True Crime Stories – Entertainment Law Asked & Answered

Gordon P. Firemark

When you get into using people’s names, likenesses, and personas, you’re talking about either Rights of Publicity or Rights of Privacy. And… You’re not selling a product or service or suggesting that the people in question are endorsing anything… So, the right of publicity isn’t likely to be an issue… But rights of privacy might be a bit trickier. AUDIO: TRANSCRIPT: [link].

Bipartisan Facial Recognition Privacy Bill Introduced in Congress

New Media and Technology Law

Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “ Commercial Facial Recognition Privacy Act of 2019 ,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use of facial recognition technology to identify and track consumers without consent. Biometrics Legislation Privacy facial recognition privacy bill facial recognition technology federal legislation FTC enforcement

CFP: AALS Section on Defamation and Privacy

Media Law Prof Blog

Call for Papers AALS Section on Defamation and Privacy The AALS Section on Defamation and Privacy invites submissions for papers for a session titled “Social Media Content Moderation and the Future of Free Speech,” which will take place in January

EU-U.S. Privacy Shield Approved

New Media and Technology Law

Privacy Shield.” companies, please see my colleague’s post on our Privacy and Data Security Blog. Privacy EU privacy Privacy ShieldThe European Commission recently formally adopted the much discussed EU-U.S. ” For a summary of what this may mean for U.S.

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Gajda on Privacy Before "the Right To Privacy" @TulaneLaw

Media Law Prof Blog

Amy Gajda, Tulane Law School, has published Privacy Before 'the Right to Privacy': Truthful Libel and the Earliest Underpinnings of Privacy in the United States. The Right to Privacy, written in 1890, is perhaps the most Here is the abstract.

Libel 40

Wave of Illinois Biometric Privacy Suits Continues Unabated

New Media and Technology Law

After noting the flood of Illinois biometric privacy suits in September , it appears that the flow of such suits remains robust. In recent years, biometric privacy suits initially involved social media services and video game makers, but have increasingly been asserted against businesses that collect biometric data to authenticate customers or employees, especially Illinois-based employers that use biometric timekeeping devices to verify employees when clocking in and out. .

Is Android the Joe Camel of Privacy?

Music Technology Policy

Uncategorized adsense google android google privacy YouTube

Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information

New Media and Technology Law

Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. Mobile Online Commerce Privacy anonymized data big data consumer consent consumer financial data data collection financial data analytics fintech apps

Copyright and Privacy

Media Law Prof Blog

Pamela Sameulson, University of California, Berkeley, School of Law, is publishing Protecting Privacy Through Copyright Law? in Visions of Privacy in the Modern Age (Marc Rotenberg, ed.; 2014). Here is the abstract. A quartet of recent copyright cases have extended

Privacy and Court Records

Media Law Prof Blog

Ardia and Anne Klinefelter, both of the University of North Carolina, Chapel Hill, School of Law, are publishing Privacy and Court Records: An Empirical Study in the Berkeley Technology Law Journal. David S. Here is the abstract. As courts, libraries

Privacy and Intellectual Freedom

Media Law Prof Blog

Cornwell, both of Washington University in Saint Louis School of Law, have published Privacy and Intellectual Freedom in The Handbook of Intellectual Freedom (Mark Alfino, ed., Neil M. Richards and Joanna F. Unwin, 2014). Here is the abstract. This essay

Skinner-Thompson on Performative Privacy

Media Law Prof Blog

Scott Skinner-Thompson, New York University of Law, is publishing Performative Privacy in the UC Davis Law Review. Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm. Here is the abstract. Although

An International Right To Privacy?

Media Law Prof Blog

Stephen Schulhofer, New York University School of Law, has published An International Right to Privacy? Be Careful What You Wish For as NYU School of Law Public Law Research Paper No.15-15. Here is the abstract. Nations now have unprecedented capacity

Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing

New Media and Technology Law

An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois Biometric Information Privacy Act , 740 ILCS 14/1 (“BIPA”). Biometrics Privacy biometric privacy BIPA employee biometric privacy fringerprints standing

Videogame Technology and Personal Privacy

Media Law Prof Blog

Joe Newman & Joseph Jerome, Future of Privacy Forum, and Christopher Hazard, Hazardous Software, Inc., Privacy and the New Questions Posed by Modern Videogame Technology in the American Intellectual Property Law Association Quaterly Journal are publishing Press Start to Track?:

Illinois Considering Amendments to Biometric Privacy Law (BIPA) That Would Create Major Exemptions to Its Scope

New Media and Technology Law

We have written before about the issues presented by the Illinois Biometric Information Privacy Act , 740 Ill. BIPA is still the only state biometric privacy statute with a private right of action. The Illinois legislature is now considering a bill ( SB3053 ) that would fundamentally alter the privacy protections under BIPA. As it stands, the law surrounding biometric privacy is a patchwork of state laws (e.g.,

Lemley on Privacy, Property, and Publicity

Media Law Prof Blog

Lemley, Stanford Law School, has published Privacy, Property, and Publicity as a Stanford Public Law Working Paper. In Jennifer Rothman’s new book The Right of Publicity: Privacy Reimagined for a Public Age, she argues Mark A. Here is the abstract.

Canada's New Digital Privacy Act

Media Law Prof Blog

Text of the new Canadian Digital Privacy Act, which received royal assent June 18, 2015. It still needs regulations into order to receive its full effect. Here's some analysis of the new Act (dating from when it was "just a

Mills and Harclerode on Privacy, Mass Intrusion and the Modern Data Breach @UFLaw

Media Law Prof Blog

Mills and Kelsey Harclerode, both of the University of Florida College of Law, have published Privacy, Mass Intrusion and the Modern Data Breach at 69 Fla. Jon L. 771 (2018). Here is the abstract. Massive data breaches have

Privacy Wars: Netflix, Facebook and the 'Brokeback Mountain Effect'

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Will "Brokeback Mountain" shape rules concerning the responsibility of websites to guard user privacy? The debate over privacy on the Internet got much louder yesterday when a group of privacy advocate organizations filed a complaint with the. Tags: Facebook Government Litigation Privacy

ICYMI: Data Protection and Privacy: The Internet of Bodies (Hart, 2018) @hartpublishing

Media Law Prof Blog

ICYMI: Data Protection and Privacy: The Internet of Bodies (Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, and Paul De Hert, eds., The subjects of Privacy Hart Publishing, 2018). Here from the publisher's website is a description of the book's contents.

Hulu Beats Big Privacy Lawsuit Over Video Viewing Disclosures

THR, Esq. Entertainment & Media Law Blog

Those suing under the Video Privacy Protection Act can''t establish that Hulu knew what Facebook might do with information being shared. read more. THR, Esq. The Business Television Tech Business THR Online

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Finding Article III Standing, Ninth Circuit Declines to Do an About-Face in Illinois Biometric Privacy Class Action against Facebook

New Media and Technology Law

In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that the class was properly certified. Plaintiffs, in response, argued that Facebook’s violation of BIPA’s statutory requirements amounted to a violation of their substantive privacy rights and so qualified as a concrete injury.

Communications Privacy 2.0

Media Law Prof Blog

Kerr, George Washington University Law School, is publishing The Next Generation Communications Privacy Act in the University of Pennsylvania Law Review. In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to regulate government Orin S. Here is the abstract.

Illinois Supreme Court To Decide Scope of Illinois Biometric Privacy Law

New Media and Technology Law

On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company’s technical violation of the Illinois Biometric Information Privacy Act (“BIPA”) is sufficient to confer standing or whether a plaintiff must allege actual harm resulted from the violation. Biometrics Privacy biometric privacy BIPA procedural violations standing

Pedo Privacy is Important Too

The Legal Satyricon

by MJR Stephen Collins, the actor best known for playing dad/pastor in the long-running TV series, “7th Heaven,” finds himself the latest tabloid whipping boy over allegations that he diddled underage girls. It sorta figures that he played a pastor, eh? With all the rotten eggs being metaphorically hurled at him, it seems like nobody […].

Voss on Obstacles to Transatlantic Harmonization of Data Privacy Law in Context @wgvoss

Media Law Prof Blog

Gregory Voss, Toulouse Business School, is publishing Obstacles to Transatlantic Harmonization of Data Privacy Law in Context in volume 2019 of the Journal of Law, Technology and Policy. Here is the abstract. Globalization seems to call for the harmonization

Redefining Privacy: The Backlash Against Facebook’s New Privacy Controls


United States Senators, Facebook users, and consumer advocate groups are rallying against recent changes to Facebook’s privacy settings. The complaint , supported by numerous consumer organizations, centers around recent changes to Facebook’s privacy policy that make formerly private information public. EPIC further alleges, and other critics agree, that the new privacy controls are designed to frustrate and confuse users into compromising their privacy.

Report Out Today On ‘Zoom Courts’ Raises Privacy and Due Process Concerns

Media Law

But a report out today by a legal organization that opposes abuse of surveillance technology raises a number of concerns over the potential threats of virtual courts to the privacy and due process rights of litigants and defendants.

FTC Obtains Record $5.7 Million Fine for Children’s Privacy Protection Act Violation

Broadcast Law Blog

When is your website or app covered by the Children’s Online Privacy Protection Act (“COPPA”) and the FTC’s COPPA Rule ? As the FTC continues to be scrutinized for its privacy enforcement track record, you can expect calls for harsher penalties to continue. Children's Programming and Advertising On Line Media Privacy Website Issues childrens onlline privacy protection act COPPA FTC

Cloud Computing and Information Privacy

Media Law Prof Blog

Schwartz, of the University of California, Berkeley, Law School, has published Information Privacy In the Cloud, in volume 161 of the University of Pennsylvania Law Review (2013). Paul M. Here is the abstract. Cloud computing is the locating of computing

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

New Media and Technology Law

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act , 740 Ill. 26, 2018) (cases consolidated at In re Facebook Biometric Information Privacy Litig. , A violation of the BIPA notice and consent procedures infringes the very privacy rights the Illinois legislature sought to protect by enacting BIPA.

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek Legal Remedies

Duct Tape Marketing

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s Biometric Information Privacy Act (BIPA), which regulates the collection, retention, and disclosure of personal biometric identifiers and biometric information.

Sexual Privacy and Online Obscenity

Media Law Prof Blog

Jennifer Kinsley, Northern Kentucky University College of Law, has published Sexual Privacy in the Internet Age: How Substantive Due Process Protects Online Obscenity at 16 Vanderbilt Journal of Entertainment & Technology Law 103 (2013). Here is the abstract. Obscenity is

Cunningham on Privacy Law That Does Not Protect Privacy, Forgetting the Right To Be Forgotten

Media Law Prof Blog

McKay Cunningham, Concordia University School of Law, is publishing Privacy Law That Does Not Protect Privacy, Forgetting the Right to Be Forgotten volume 65 of the Buffalo Law Review (2017). Here is the abstract. The newly conferred right to be

Online Privacy

Media Law Prof Blog

Lipton, Case Western Reserve School of Law, has published "Mapping Online Privacy," in volume 104 of Northwestern University Law Review (2010). Privacy scholars have recently outlined difficulties in applying existing concepts of personal privacy Jacqueline D. Here is the abstract.

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

New Media and Technology Law

This week, the court dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site did not use its facial recognition technology on business or organizational accounts (as opposed to personal social media pages). ( Gullen v. In Gullen , the plaintiff alleged that Facebook violated the Illinois Biometric Information Privacy Act (BIPA), 740 Ill.

Why Artists Should Care About @AGSNYT: How The Times Thinks About Privacy

Music Technology Policy

The New York Times has started “The Privacy Project” and kicks off the story correctly with an introspective opinion piece from the boss, A.G. Over the past few years, The New York Times has reported aggressively on the erosion of digital privacy, bringing information to light about the exploitation of personal data that Facebook amassed on its users , about companies buying and selling children’s data , and about phone apps secretly tracking users’ every movement.