The Video Privacy Protection Act (VPPA): Privacy litigation and service provider compliance
Nick Palmieri has experience with a wide range of intellectual property matters, including patent prosecution and litigation, which span a wide range of technological fields, including medical devices, electrochemical devices, and many other emerging areas.
Stacey’s practice focuses on entertainment and technology transactions including technology licensing, open source, video game and music publishing, as well as privacy and EU data protection regulations.
On-Demand: September 23, 2024
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Program Summary
Session I - Video Privacy Protection Act (VPPA): Old laws in modern digital enterprises – Nick Palmieri
This session will provide an in-depth look at how plaintiffs are applying legacy laws to new and evolving technologies, focusing on data privacy litigation. With the advent of cookies, biometrics, and advancements in data privacy laws, businesses are increasingly facing lawsuits based on laws that were not designed with modern enterprises in mind. This session covers key legal frameworks, such as the Video Privacy Protection Act (VPPA). Join to explore practical litigation strategies, compliance measures, and case law trends to better understand how to defend against or pursue privacy claims.
Key topics to be discussed:
- Data privacy litigation
- History and key provisions of VPPA
- Case law reviews
- The role of cookies in data privacy
- Implications of using third-party cookies without consent
- Compliance strategies
Session II - A Deep Dive into VPPA Service Providers: From newsletters to video games – Stacey Chuvaieva
The concept of a service provider under the VPPA has significantly evolved from its original focus on brick-and-mortar video rental stores. Class action claims now target a diverse range of digital services that include any form of prerecorded video content or "similar audio-visual materials" on their websites, use tracking technologies like Meta Pixel and offer a subscription. Most arguments in VPPA litigation revolve around the interpretation of “similar audio-visual materials” and the required connection between prerecorded video content and the provided subscription. The definition of prerecorded video materials appears to be broad enough to lead to litigation against video game companies whose games feature prerecorded cut scenes. As VPPA litigation trends continue to develop, they may further define the scope of covered materials and clarify the expanding range of VPPA service providers. For now, companies using tracking technologies that could reveal "video viewing history" may want to explore options for obtaining consumer consent before collecting such data.
Key topics to be discussed:
- The types of VPPA service providers
- The required nexus between video content and website subscription
- Defense strategies
- VPPA-compliant disclosures and consent requirements
This course is co-sponsored with myLawCLE.
Closed-captioning available
Speakers
Nick Palmieri | Baker Botts LLP
Nick Palmieri serves in the Intellectual Property Practice of the firm’s New York office. He has experience with a wide range of intellectual property matters, including patent prosecution and litigation, which span a wide range of technological fields, including medical devices, electrochemical devices, and many other emerging areas. In addition, Mr. Palmieri has experience in the data privacy space, having assisted clients with data breach notification requirements and compliance with GDPR and CCPA regulations.
In addition to his client work, Mr. Palmieri has written about a number of topics, including data privacy law, as well as developing trends related to the regulation of artificial intelligence. Mr. Palmieri’s works span a number of publishers, including the CPI Antitrust Chronicle, The Journal of Robotics, Artificial Intelligence & Law, Financier Worldwide Magazine, The Indiana Law Journal, The Willamette Journal of International Law and Dispute Resolution, and The Hastings Science and Technology Law Journal.
Stacey Chuvaieva | Mitchell Silberger & Knupp LLP
Stacey Chuvaieva is an associate in MSK’s Los Angeles office, and is a part of the Corporate, Litigation and Regulatory Practice Groups. Stacey’s practice focuses on entertainment and technology transactions including technology licensing, open source, video game and music publishing, as well as privacy and EU data protection regulations. She is certified by the International Association of Privacy Professionals as a Certified Information Privacy Professional in the U.S. (CIPP/US) and Europe (CIPP/E). She also serves as the Chair of the Information Technology Committee for the American Bar Association Section of Intellectual Property Law.
Agenda
Session I – Video Privacy Protection Act (VPPA): Old laws in modern digital enterprises | 2:30pm – 4:10pm
- Data privacy litigation
- History and key provisions of VPPA m
- Case law reviews
- The role of cookies in data privacy
Break | 3:30pm – 3:40pm
- Implications of using third-party cookies without consent
- Compliance strategies
Session II – A Deep Dive into VPPA Service Providers: From newsletters to video games | 4:10pm – 4:40pm
- The types of VPPA service providers
- The required nexus between video content and website subscription
- Defense strategies
- VPPA-compliant disclosures and consent requirements
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