Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

New Media and Technology Law

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo tagging functions, 2017 has been a busy year in this area. We will continue to monitor developments in biometric privacy and technology.

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.

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Trending Sources

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. Retelling their story might constitute an invasion of their privacy, under a theory called “Public Disclosure of Private, Embarrassing Facts”.

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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Why Hollywood Should Pay Attention to Biometric Privacy

THR, Esq. Entertainment & Media Law Blog

An Illinois biometric law is sparking a wave of class actions read more. THR, Esq. The Business Movies Television Tech Business THR Online

Appeals Court Gives ESPN a Win Despite Opening Door to More Privacy Lawsuits

THR, Esq. Entertainment & Media Law Blog

The 9th Circuit says a man has standing to sue over disclosures of what he was watching online, but rejects the proposition that ESPN shared identifiable information about him. read more. THR, Esq. Business Television Tech Business THR Online

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Podcast: Trump’s Repeal of Online Privacy Protections

Media Law

This week on the legal-affairs podcast Lawyer 2 Lawyer, we look at President Trump’s repeal of internet privacy rules promulgated last year by the FCC. We explore the legal and privacy issues with two guests: Ernesto Falcon, legislative counsel […]. The post Podcast: Trump’s Repeal of Online Privacy Protections appeared first on Robert Ambrogi's LawSites.

NBCU Tentatively Wins 'Bethenny Ever After' Privacy Lawsuit (Exclusive)

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Malibu property owner claimed in privacy lawsuit that Bravo didn't get his permission to film his home. read more. THR, Esq. THR, Esq. Television Television Business Bethenny Frankel

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Chinese Company's $2 Billion Deal Adds Intrigue to Vizio Smart TV Privacy Lawsuit

THR, Esq. Entertainment & Media Law Blog

Plaintiffs say that Vizio TVs are too nosy already, but the issue could go cloak and dagger as LeEco purchases the U.S. company. read more. THR, Esq. Behind the Screen The Business Television Tech Business THR Online

Appeals Court Revives Lawsuit Claiming Viacom Violates Kids' Privacy on Nick.com

THR, Esq. Entertainment & Media Law Blog

The 3rd Circuit lets Viacom off the hook on most claims, but not one that alleges the company failed to live up to a promise not to collect personal information. read more. THR, Esq. The Business Television Tech Business THR Online

ESPN Can't Get Out of NFL Player's Privacy Lawsuit Over Reporter's Tweet

THR, Esq. Entertainment & Media Law Blog

The sports network fails in persuading the judge that it is entitled under the First Amendment to include visual evidence corroborating reports even in bad taste. read more. THR, Esq. The Business Television Business THR Online

Facebook Privacy Class Action Suit Could Include Millions of Users

THR, Esq. Entertainment & Media Law Blog

If you've sent a link through a Facebook message recently, you could be part of a lawsuit against the company. read more. THR, Esq. Tech Tech THR Online

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

New Media and Technology Law

But what happens when a self-published book offered for sale contains content that may violate a third-party’s right of publicity or privacy rights? This past month, an Ohio district court ruled that several online self-publishing services were not liable for right of publicity or privacy claims for distributing an erotic (and so-called “less than tasteful”) book whose cover contained an unauthorized copy of the plaintiffs’ engagement photo because such services are not publishers.

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Sony Hires Top Attorneys to Defend Privacy Breach Lawsuits

THR, Esq. Entertainment & Media Law Blog

The studio has hired WilmerHale to represent it in several cases filed over the recent hack read more. The Business Sony Hack Sony Movies THR Online THR, Esq. Sony Pictures Entertainment MPAA Google Tech Business

Hulu Sued By Insurance Company Over Privacy Violation Claims

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Online video hub is facing a class action that alleges substantial damages for the alleged use of "zombie cookies" and won't get any immediate assistance from its insurer. read more. THR, Esq. The Business Tech Business Hulu

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Washington Enacts a Biometric Privacy Statute in a Departure from the Existing Standard

New Media and Technology Law

We have been writing about the biometric privacy legal landscape, which has thus far been dominated by the Illinois Biometric Information Privacy Act (BIPA). It should be noted, however, that Washington has traditionally been one of the leading states with regard to the enforcement of consumer privacy. Biometrics Legislation Privacy biometric privacy biometric privacy legislation BIPA Washington statute

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

New Media and Technology Law

We’ve written extensively about the numerous lawsuits , dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). Moreover, in two instances in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. Thus, the epicenter of biometric privacy compliance and litigation has been the Illinois statute.

Joan Rivers Wins Privacy Dispute at Appeals Court

THR, Esq. Entertainment & Media Law Blog

A woman who approached the comedian and appeared briefly in her 2010 documentary didn't have a reasonable expectation of privacy. read more. Movies THR, Esq. Joan Rivers

Disney Accused of Illegally Tracking Children Via Apps in New Lawsuit

THR, Esq. Entertainment & Media Law Blog

The suit claims Disney is violating the Children's Online Privacy Protection Act. read more. THR, Esq. Tech Tech THR Online

The Video Privacy Protection Act, or How Not to Write a Law

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner The Seventh Circuit Court of Appeals blasts the Video Privacy Protect Act as "not well drafted." read more. THR, Esq. The Business Tech Business

Privacy Vs. Security: A False Tradeoff

Media Law Prof Blog

Solove, George Washington University Law School, has published Nothing to Hide: The False Tradeoff between Privacy and Security, the first chapter in Nothing To Hide: The False Tradeoff Between Privacy and Security (Yale University Press, 2011). Daniel J.

Sony Hit With Third Class-Action Lawsuit Over Privacy Breach

THR, Esq. Entertainment & Media Law Blog

The complaint says that the studio went on a public relations campaign rather than give employees notice about the scope of the breach read more. The Business Sony Hack Movies THR Online THR, Esq. Television Sony Pictures Entertainment Tech Business

Twitter Creates New Rules for Privacy of UK Celebrities

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Twitter is burning up in the UK as citizens look to break celebrity injunctions. read more. THR, Esq. Tech Tech

The Sidis Case and Privacy Law

Media Law Prof Blog

Samantha Barbas, SUNY Buffalo Law School, is publishing The Sidis Case and the Origins of Modern Privacy Law in the Columbia Journal of Law & the Arts. Here is the abstract. The American press, it’s been said, is freer to

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Hulu Suffers Setback in Privacy Class Action

THR, Esq. Entertainment & Media Law Blog

A California judge says that plaintiffs don''t have to show actual injuries in a lawsuit over information shared with advertisers. read more. The Business THR Online THR, Esq. Business

Applying Existing Tort Law To Privacy Concerns On the Internet

Media Law Prof Blog

Diane Leenheer Zimmerman, New York University School of Law, is publishing The 'New' Privacy and the 'Old': Is Applying the Tort Law of Privacy Like Putting High-Button Shoes on the Internet? in Communication Law and Policy. Here is the abstract

Malibu Property Owner Sues Claiming 'Bethenny Ever After' Violated Privacy

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner The suit, filed Monday in Los Angeles, says Bravo owner NBCUniversal didn't get permission from a home owner to film the show. read more. THR, Esq. Television Television Bethenny Frankel Bravo NBCUniversal

Netflix Settles Privacy Class Action Claims For $9 Million

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Video-streaming site continues efforts to change law that prevents it from storing and publishing users' viewership habits. read more. THR, Esq. The Business Tech Business

Social Networking, Users, and Reasonable Expectations of Privacy Under the Fourth Amendment

Media Law Prof Blog

Semitsu, University of San Diego School of Law, has published From Facebook to Mug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surveillance in volume 31 of the Pace Law Review (2011). Junichi P. Here is

Illinois Biometric Privacy Suit over Collection of Fingerprints Settled

New Media and Technology Law

Tan violated the Illinois Biometric Information Privacy Act (BIPA) by collecting Illinois members’ fingerprints for verification during check-in without complying with BIPA’s notice and consent requirements. This is one of the few reported settlements for BIPA violations, and unlike other ongoing biometric privacy litigation, the L.A. We will continue to monitor developments in biometric privacy litigation, including the important Facebook litigation still ongoing in California.

Canadian Supreme Court Doesn't Like Facebook Clickwrap in Big Privacy Suit

THR, Esq. Entertainment & Media Law Blog

The justices rule that local citizens shouldn't be forced to litigate in another country just because they've agreed to the social network's terms of use. read more. THR, Esq. Business Tech Business THR Online

Ninth Circuit Rejects VPPA Claims of Roku Channel User, Declining to Adopt Broad Definition of PII

New Media and Technology Law

In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s WatchESPN Roku channel had shared a user’s Roku device number and video viewing history with a third-party analytics company for targeted advertising purposes. ( Eichenberger v.

Teenagers and Internet Privacy

Media Law Prof Blog

danah boyd, Microsoft Research and New York University Department of Media, Culture and Communication, and University of New South Wales, and Harvard University Berkman Center for Internet & Society, and Alice E. Marwick, Microsoft Corporation, and Harvard University, Berkman Center

Data Privacy Laws and the Supreme Court

Media Law Prof Blog

Also from the NYT: The Supreme Court considers to what extent parties can sell private information, in Sorrell v. IMS Health

The French Media and Privacy

Media Law Prof Blog

The French media is defending its attitude toward perceived lack of coverage of politicians' private lives. Now that Dominique Strauss-Kahn is accused of sexual assault, more stories about his behavior toward women are leaking out and questions are surfacing concerning

Judge Upholds Hulk Hogan's $140 Million Trial Victory Against Gawker

THR, Esq. Entertainment & Media Law Blog

The judge hears from the wrestler's attorney, who emphasized the importance of privacy. read more. THR, Esq. The Business Business THR Online

Why photo clearance is critical for bloggers and stock photo libraries

Gordon P. Firemark

Entertainment Law defamation false light photography privacy A lawsuit filed against Getty Images by an Irish woman has raised alarm bells in some blogging, news, and photography circles.

Judge Doesn't Want Google to Google the Favorite Books and Songs of Potential Jurors

THR, Esq. Entertainment & Media Law Blog

In a big copyright trial, a federal judge confronts a privacy dilemma. read more. THR, Esq. Tech Music Tech Business THR Online

Photographs and Privacy

Media Law Prof Blog

David Rolph, University of Sydney Faculty of Law, is publishing Looking Again at Photographs and Privacy: Theoretical Perspectives on Law’s Treatment of Photographs as Invasions of Privacy in Law, Culture, and Visual Studies (A. Wagner and R. Sherwin eds.; Ashgate

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Nicolas Cage Fighting for Privacy as Celebrity Depositions Raise Secrecy Debate

THR, Esq. Entertainment & Media Law Blog

In a lawsuit over a home sale, Cage's lawyers want to keep his deposition private, but the adversary objects on "philosophical" grounds. read more. The Business THR, Esq. Business