The use of "VPPA" (Video Privacy Protection Act)for Data Privacy Litigation vs Tech Entities is NOT NEW!
I laugh when I read the many recent articles written that label VPPA (Video Privacy Protection Act) as a "new" foundation, being used "now" for Data Privacy lawsuits: "The 35-year-old VPPA has now become the foundation of a new class of consumer privacy lawsuits..."..https://biz.crast.net/it-only-takes-a-pixel-the-risks-from-video-privacy-lawsuits/
When in reality, I came up with the idea, and used its FIRST in 2007, (reportedly 75 cases have been filed in 2023 using VPPA).
Tech reporters and Data Privacy Experts have labeled my work in Data Privacy as being "innovative," calling me a "Pioneer". A Defense Lawyer cited my Lane v. Facebook Class Action as a "Landmark": https://lnkd.in/d4JdJd4. Most recently I was shocked when referred to as a "Legend" in the Data Privacy field. In retrospect though, while I appreciate the accolades, I was just lucky, in the right place at the right time, (as for a timeline of my work, my "offline" data privacy research/cases involved DPPA violations- unauthorized access to DMV data, actually started earlier, about 2002.
So, how did it all begin. Well, as to VPPA, I was just trying to figure out how to create a new industry to protect consumer's data privacy from the unauthorized collection and use of consumer "online." I looked "left and right" for help, for cases to follow, but no plaintiff attorney was filing such lawsuits to stop these actions, led alone develop a "path" that could be followed to understand even the allegations and case precedent to follow. In short, no one had developed a "template" for federal court to litigate these cases. This "new" technology was so "new" that plaintiff lawyers were not studying these areas, due in part since the technology was changing so rapidly each week. We needed a plan method of attack!
领英推荐
I spent months, almost 6 months) downloading tracking software to "Track the Trackers," re-learning computer programming, how to code, (my minor in cobalt/fortran didn't help!) I had to learn about IPs, ISPs, data transfer, networks, packets and payloads, reading a ton of patents, sending out inquiries to experts in this field to help me understand the language in the patents. This was the key! No tech company is going to start any illegal activity until it files a patent, then it usually takes a period thereafter until it implement the mechanisms within the provisional app/patent, (this is how I trapped Facebook and Netflix- Doe v Netflix). I was working like a Zombie at times (not to be confused with my "ZOMBIE COOKIE" cases, a term I created,) recording tangible proof of the?insidious?alliance between the Tech and the Advertisement Industry.
So, to my 12,000 followers on LinkedIn, thanks for your daily comments and inquiries. Congrats to all those trying to also uncover illegal tracking activities by tech companies- acts justified by it's employees merely to obtain a paycheck/justify a career to their family-CTOs/CPOs looking the other way! Whether you are an activist pointing out these issues, a person that pursues legislative activities, or even a plaintiff lawyer now figuring out this "new" area of law is here to stay-congrats on your work too!
Manager of Escalation Management at Expedia Partner Solutions
1 年This case feels right up your alley - parking garage somehow leveraging vehicle registrations to text people who haven't paid for their parking yet ?? https://www.msn.com/en-us/news/us/state-investigates-privacy-concerns-at-chicago-movie-theater-parking-garage/ar-AA1eIv5H