EPIC filed a "friend of the court" brief in Gordon v. Softech Int'l, Inc., a case concerning privacy protections for driver records. The Driver’s Privacy Protection Act is intended to prevent the misuse of personal information disclosed by state departments of motor vehicles. The Act allows the disclosure of driver record information only for "permissible uses." Some companies resell this information to others. EPIC argued in its brief that when the buyer uses this information for an impermissible purpose, the seller should be liable under the law. Strict liability, EPIC said, is necessary to incentivize resellers to limit the sale of personal information and prevent abuse. For more information, see EPIC: Gordon v. Softech International, Inc. and EPIC: Driver's Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler