The plaintiffs in the In re Nickelodeon class action recently asked the Supreme Court to hear their case. In June, a federal appeals court rejected claims that Viacom and Google violated the Video Privacy Protection Act, holding that static IP and MAC addresses are not “personally identifiable information.” The opinion contradicted a ruling from a different federal appeals court which held that unique IDs are personally identifiable under the video privacy law. EPIC filed an amicus brief in the Nickelodeon case, explaining that Congress defined personal information broadly “to ensure that the underlying intent of the Act—to safeguard personal information against unlawful disclosure—is preserved as technology evolves.” The petition is C.A.F. v. Viacom, case number 16-346.
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Privacy Law Sourcebook (2016)