Consumers are driving a wave of litigation against companies for allegedly sharing details of what videos they watch on their platforms.
- Will litigation tamp down this activity?
- What harm is being caused?
- How will existing laws be interpreted?
- Are these organizations within their rights?
Dozens of organizations — ranging from the rough-and-tumble NFL
to the decidedly less rough-and-tumble NPR — are among the defendants
in nearly 50 proposed class actions which claim Meta Platforms Inc.’s
pixel tracking tool facilitated the sharing of personal video
consumption data and identities from online platforms to Facebook
without user consent. This, the plaintiffs say, violates the federal
Video Privacy Protection Act (VPAA) of 1988.
The rising number
of VPAA cases demonstrates how plaintiff attorneys are creatively
applying traditional causes of action to litigate modern privacy issues
in the absence of a federal law. An act that far preceded the
proliferation of online video streaming, it followed the publication of
one-time Supreme Court nominee Robert Bork’s Blockbuster video rentals.
The titles the judge rented disappointed anyone looking for scandal.
They included nothing more salacious thanThe Man Who Knew Too Much starring Jimmy Stewart and Doris Day.
Listen to my interview with someone who knows plenty: Myriah V. Jaworski, a member at Clark Hill PLC. Myriah
helps me explore the privacy issues raised by these cases and what the
future holds for businesses and other parties who handle consumer data.
Myriah
represents clients in defense of data breach class actions, privacy
torts and statutory claims (IRPA/BIPA), pixel tacking and commercial
surveillance matters, internet defamation, technology disputes, and
cyber subrogation claims. She defends them in response to regulatory
inquiries and investigations arising out of data incidents and privacy
practices, including before state Attorney General offices, the Federal
Trade Commission and the Department of Human and Health Services –
Office of Civil Rights. Myriah is a Certified Information Privacy
Professional, United States (CIPP/US) and a Certified Information
Privacy Professional, Europe (CIPP/E) as certified by the International
Association of Privacy Professionals. She was also a Trial Attorney with
the Department of Justice. She received her JD/MS degree from Syracuse
University College of Law. And now, I am happy to say, she is a member
of the Editorial Advisory Board for the Journal on Emerging Issues in Litigation.
I hope you enjoy the episode. If so, give us a rating!
This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.
Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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