Earlier today, the House of Representatives approved an amendment to the Video Privacy Protection Act (VPPA) (H.R. 2471) that would clarify certain ambiguities in the 1988 law in light of technological changes in the marketplace. In his remarks on the House floor, Rep. Bob Goodlatte (R-VA) – the primary author of H.R. 2471– explained that
December 2011
Facebook’s FTC Agreement: What Does It Mean For Me?
Last week, the FTC announced that it has agreed to end its 18-month investigation of Facebook’s privacy practices, with a settlement that involved a twenty-year compliance plan and specific steps to formalize privacy within Facebook’s organization. Though the proposed settlement, which will now be open for public comment, has met with a range of reactions,…
Court Permits Class Action to Proceed Where Text Message Confirmed Opt Out Request
Last week, a federal judge denied a motion to dismiss a putative class action brought under the Telephone Consumer Protection Act (TCPA) against Citibank concerning its transmission of text messages. The case — Ryabyshchuk v. Citibank N.A., — is notable because one of the issues it addresses is whether an entity that transmits a text message…
Supreme Court Considers Key Question Under the Privacy Act
On Wednesday, the Supreme Court heard oral argument in Federal Aviation Administration v. Cooper, a case that raises the question of whether a plaintiff who alleges only mental and emotional distress can establish “actual damages” within the meaning of the federal Privacy Act’s civil remedies provision. The question is crucial to determining the scope…
House Cybersecurity Bill Promotes Information Sharing Between Businesses, Federal Government
Leaders of the House Intelligence Committee—Chairman Rep. Mike Rogers (R-Mich.) and ranking Democrat Rep. Dutch Ruppersberger (Md.)—introduced a bill yesterday that would shield businesses from liability for sharing information relating to cyber threats with the federal Government and other entities. The bill—H.R. 3523—is intended to promote the sharing of cyber threat intelligence among…