Analysis

ESPN Ruling Further Narrows Video Privacy Law's Reach

Law360, New York (December 4, 2017, 4:09 PM EST) -- The Ninth Circuit's recent ruling that ESPN didn't violate the Video Privacy Protection Act by disclosing app users' data to an analytics company deals yet another blow to plaintiffs' efforts to expand liability under the statute to cover streaming services and other new technologies, attorneys say.

In a published decision issued Wednesday, the three-judge appellate panel held that while plaintiff Chad Eichenberger had standing to sue ESPN over its alleged disclosure of his device serial number and viewing history to third-party Adobe Analytics, he could not continue with his suit because the shared information was not personally identifiable under the VPPA....

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