Venkat Balasubramani writes:
Many VPPA cases involve free online streaming services. Here, plaintiff alleged that he downloaded the Cartoon Network app, and Cartoon Network then disclosed to Bango, an ad network, plaintiff’s device ID and the videos he viewed. Plaintiff also alleged that Bango easily could derive his identity and thus knew both his identity and the videos he viewed.
The district court rejected plaintiff’s arguments, concluding that plaintiff was a “subscriber” of Cartoon Network, but it did not disclose personally identifiable information to Bango. (Blog post on the district court ruling here: “Android ID Isn’t Personally Identifiable Information Under the Video Privacy Protection Act“.) The Eleventh Circuit affirms on alternate grounds, holding that the plaintiff wasn’t a “subscriber.”
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