U.S. Court of Appeals for the Third Circuit

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Third Circuit blocks attempt to rewrite Video Privacy Protection Act

June 27, 2016

The Third Circuit affirmed the district court’s dismissal of most of the plaintiffs’ claims, vacated its dismissal of the tort claim for intrusion upon seclusion against Viacom, and remanded the case for further proceedings.

U.S. Chamber files amicus brief

June 22, 2015

In its brief, the U.S. Chamber filed in a Third Circuit case concerning whether a corporate online video provider is liable under the Video Privacy Protection Act (VPPA) for sharing cookies, IP addresses, and anonymous demographic data like gender and age. The district court rejected the claims of plaintiffs that Viacom and Google illegally tracked the Internet usage of children visiting Nickelodeon’s website in order to engage in targeted advertising.

In its brief in support of Google and Viacom, the Chamber urges the Third Circuit to affirm the district court’s decision and reject plaintiffs’ attempt to rewrite the VPPA, which was designed to address the disclosure of personal rental records by brick-and-mortar video stores and does not extend to the sharing of demographic and technical data that do not identify particular individuals.

Brent J. McIntosh and Jeffrey B. Wall of Sullivan & Cromwell LLP represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center in this case.

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