The litigation over Facebook’s Tag Suggestions feature in the United State District Court for the Northern District of California continues, with the court this week denying both sides’ bids for summary judgment in a ten-page order. The case, formerly captioned Patel v. Facebook and now going by the name of In re Facebook Biometric Information Privacy Litigation, is on course to proceed to trial in July.… More
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Procedural Violations of BIPA: One Court Says They Cause Actual Harm and Confer Standing—How Long Will This Ruling Hold Up?
In a recent ten-page order, a federal judge of the United States District Court for the Northern District of California declined to dismiss a lawsuit against Facebook alleging that Facebook’s “Tag Suggestions” feature violates the Illinois Biometric Information Privacy Act (BIPA). The ruling means that the case, Patel v. Facebook, Inc., Civil Action No. 3:15-cv-03747-JD, will proceed, but the long-term impact of the ruling is less clear.… More
Will 2011 Bring Us “Do Not Track” Legislation?
Posted below is another contribution from my colleague David Broadwin on our Emerging Enterprise Center blog about the potential for legislative change in 2011. I agree with the conclusions he draws:
- This is an area where bipartisan concensus is possible.
- The industry powers will fight against “Do Not Track” and will win that fight.
- Industry will accept some other form of regulation in exchange for defeating “Do Not Track.”
We could see passage of a federal data security and privacy statute,… More
FTC Proposes Privacy Framework That Will Impact the Business Model of All Online and Mobile Advertising Companies
Our colleagues in Foley Hoag’s Emerging Enterprise Center have summarized the FTC preliminary staff report, “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers,” which we posted on December 1. We are cross-posting the analysis from their blog below.
It seems likely that the next two years will bring significant changes to this area,… More