Privacy Plaintiffs Lack Standing Against NBA 2K15’s Face-Scanning Technology

30 11 2017

This is a putative class action lawsuit against Take-Two, the video game publisher. Plaintiffs allege that the “MyPlayer” feature on NBA 2K15 violated Illinois’ biometric information privacy statute. The feature allowed players to upload a face-scan and then use a version of that scan as their avatar in certain multiplayer games. Specifically, plaintiffs allege that Take-Two (1) failed to obtain consent; (2) disseminated biometric data without consent; (3) failed to provide details regarding the purpose or term of storage or use of the information, or an applicable retention schedule; and (4) failed to comply with appropriate security measures by transmitting the scans via standard wireless connections.

The district court dismissed on Article III standing grounds. The Second Circuit affirms.

Case citation: Santana v. Take-Two Interactive Software, Inc., 2017 WL 5592589 (2d Cir. No. 21, 2018)

more

Related posts:

 

The content in this post was found at http://blog.ericgoldman.org/archives/2017/11/privacy-plaintiffs-lack-standing-against-nba-2k15s-face-scanning-technology.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

30 11 2017

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo tagging functions, 2017 has been a busy year in this area.  In a notable circuit court level ruling this week, the Second Circuit affirmed the dismissal of Illinois biometric privacy claims against a videogame maker related to a feature in the NBA 2K videogame series that allows users to scan their faces and create a personalized avatar for in-game play. (Santana v. Take-Two Interactive Software, Inc., No. 17-303 (2nd Cir. Nov. 21, 2017) (Summary Order)).

Although the court remanded the case to give plaintiffs leave to amend the complaint, the dismissal is still a resonant victory for Take-Two and demonstrates that the Article III standing requirements under Spokeo can be an important limitation on claims based on bare procedural violations of the notice and consent provisions of the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”).

more


The content in this post was found at https://newmedialaw.proskauer.com/2017/11/28/appeals-court-affirms-dismissal-on-standing-grounds-of-biometric-privacy-suit-over-videogame-facial-scan-feature/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



There’s now only one US state where mug shots aren’t public records

13 03 2017
In a 53-14 vote that took place days ago, South Dakota’s legislative House passed legislation that makes arrest booking photos public records. The measure, which cleared the state’s Senate in January, will be signed by Governor Dennis Daugaard.

With that signature on Senate Bill 25, (PDF) South Dakota becomes the 49th state requiring mug shots to be public records. The only other state in the union where they’re not public records is Louisiana.

The South Dakota measure is certain to provide fresh material for the online mug shot business racket. These questionable sites post mug shots, often in a bid to embarrass people in hopes of getting them to pay hundreds of dollars to have their photos removed. The exposé I did on this for Wired found that some mug shot site operators had a symbiotic relationship with reputation management firms that charge for mug shot removals.

more

The content in this post was found at https://arstechnica.com/tech-policy/2017/03/theres-now-only-one-us-state-where-mugshots-arent-public-records/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Section 230 Protects Grindr From Harrassed User’s Claims–Herrick v. Grindr

6 03 2017

This is a well-constructed and thoughtful Section 230 ruling. If this case keeps going in the same direction, it has the potential to become a major Section 230 precedent.

Herrick claims that ex-boyfriend JC used Grindr to launch a vicious five-month e-personation attack. JC allegedly created fake dating profiles in Herrick’s name, with his contact info, saying Herrick wanted sex; with the predictable result that allegedly hundreds of horny men responded to the profiles and sought out Herrick at his home and workplace. Craigslist has been used for similar attacks for a long time, and California created an “e-personation” crime to combat them. Herrick further claims he’s contacted Grindr over 50 times about this harassment campaign and never received a response other than a form acknowledgement email.

Herrick sued Grindr in state court and got an immediate TRO instructing Grindr to “immediately disable all impersonating profiles created under Plaintiff’s name or with identifying information relating to Plaintiff, Plaintiff’s photograph, address, phone number, email account or place of work.” Grindr removed the case to federal court. The court’s opinion is in response to Herrick’s request to extend the TRO. The court denies the request.

Section 230

If you are a Section 230 fan, I encourage you to read the opinion’s entire discussion about Section 230. It’s not that long, and I considered quoting the whole thing. It’s worth the read.

 

 

…..

Because the opinion is so savvy about Section 230, I’m awarding the rare and coveted Technology & Marketing Law Blog Judge-of-the-Day honors to Judge Valerie Caproni. Congratulations, your honor. Opinions like this remind us why the US judicial system is so respected by other countries. May it always be that way.

Case citation: Herrick v. Grindr, LLC, 2017 WL 744605 (SDNY Feb. 24, 2017). Complaint.

more

The content in this post was found at http://blog.ericgoldman.org/archives/2017/03/section-230-protects-grindr-from-harrassed-users-claims-herrick-v-grindr.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



If you’re a revenge porn victim, consider this free, helpful legal guide

14 02 2017
Without My Consent, a San Francisco-based advocacy organization that aims to help victims of revenge porn, has released a slew of new resources this week in an attempt to make seeking justice easier for victims.

The new materials, dubbed “Something Can Be Done! Guide,” provides a step-by-step guide for victims. It provides concrete measures that they can take, including evidence preservation, copyright registration, restraining orders, and takedown requests to Internet companies—many of which don’t require the often-costly services of a lawyer. (Without My Consent’s efforts are reminiscent of Nolo, a decades-old do-it-yourself legal publisher.)

guide is here: http://withoutmyconsent.org/resources

more

The content in this post was found at https://arstechnica.com/tech-policy/2017/02/if-youre-a-revenge-porn-victim-consider-this-free-helpful-legal-guide/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.