There’s an update to Gordon v. Softech, a case that raises the issue of whether there is strict liability under the federal Driver’s Privacy Protection Act (DPPA).
As noted previously on this blog, in July, the Second Circuit ruled that companies that sell information gleaned from DMV records cannot be held strictly liable for what the purchaser does with the information. In this case, what the purchaser did was to allegedly track down and harass the plaintiff, Erik Gordon, and his family.
EPIC and the Identity Theft Resource Center had submitted amicus briefs in support of Gordon.
Now Gordon has appealed the Second Circuit’s divided opinion to the U.S. Supreme Court, Law360.com reports.