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Is Mentioning a Book’s Provenance a Legally Actionable Invasion of Privacy?

Posted on January 2, 2012 by pogowasright.org

Michael Stillman writes:

A truly bizarre lawsuit has been initiated in the state of Nebraska against a bookseller on the grounds of a violation of that state’s Privacy Act. The bookseller is not from Nebraska, but is noted modern first edition specialist Ken Lopez of far-off Massachusetts. I will admit to being a privacy hawk. I do not like things that track my computer, or hidden cameras, companies that sell my name, or forms that demand personal information. I believe most questions can be answered “None of your business.” Still, this case strikes me as so trivial, so frivolous, so molehill to mountain, it is hard to fathom. Nevertheless, if the plaintiff prevails, this could have a chilling effect on the work of many booksellers.

Helen Abdouch, an 84-year-old resident of Omaha, Nebraska, sued Ken Lopez, personally and as a bookseller, for an unspecified sum that “exceeds $75,000” (such a claim must exceed $75,000 in order to sue in federal court as she did). Her claim states that Lopez exploited her name for commercial gain, a legal cause of action under Nebraska’s 1979 Privacy Act.

Read about the case on American Exchange.

As much as I advocate for privacy rights, I’m with the bookseller on this one and hope there’s a statute of limitations that might apply. Read the article and see what you think.

Category: Court

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