The Cybersecurity Law Report

Incisive intelligence on cybersecurity law and regulation

Articles By Topic

By Topic: VPPA

  • From Vol. 3 No.1 (Jan. 11, 2017)

    Privacy, Security Risks and Applicable Regulatory Regimes of Smart TVs

    Technology often outpaces regulation. Connected devices such as smart TVs are no exception. Like other devices in the growing Internet of Things, smart TVs provide a variety of conveniences and content options to their users, along with a range of serious data privacy and security risks, and regulators are struggling to keep pace with developments. In a recent WilmerHale program, attorneys D. Reed Freeman and Sol Eppel discussed the FTC’s December 2016 workshop, and detailed the regulatory and legal regimes that may affect smart TV manufacturers, providers and users. See also “New NIST and DHS IoT Guidance Signal Regulatory Growth” (Nov. 30, 2016).

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  • From Vol. 1 No.15 (Oct. 28, 2015)

    Federal Courts Offer a Modern Interpretation of the VHS-Era Video Privacy Protection Act

    When does the 1988 Video Privacy Protection Act, which limits what companies can do with personal information about video consumption, apply to companies that post videos online?  The Eleventh Circuit and a New York district court recently dismissed complaints challenging the VPPA – passed in 1988 and designed to protect the privacy of individuals’ VHS rental preferences – narrowing the scope of the Act in the process.  Ellis v. The Cartoon Network, Inc. (11th Cir. Oct. 9, 2015) and Robinson v. Disney Online (S.D.N.Y. Oct. 20, 2015) both dealt with free smartphone apps, and questions regarding who is a “subscriber” and what “personally identifiable information” means under the statute.  Simon J. Frankel, a partner at Covington & Burling, told The Cybersecurity Law Report that “courts are really struggling with how the statute, not written for this context, applies in this context and [they are] trying to draw where the limits are.”  See also “The Tension Between Interest-Based Advertising and Data Privacy,” The Cybersecurity Law Report, Vol. 1, No. 12 (Sep. 16, 2015).

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