Should users of free mobile applications be surprised to learn that application company owners are permitted to share users’ specific information with third parties, including user identities and video-viewing histories? Should application users expect a certain level of privacy, or has use of the Internet eliminated any real expectation of privacy? The Eleventh Circuit Court of Appeals, in Ellis v. The Cartoon Network Inc., held that the Cartoon Network’s disclosure of an application user’s identity and video-viewing history does not violate the federal Video Privacy Protection Act and dismissed the user’s claim against the Cartoon Network.

Congress enacted the VPPA in 1988 to protect a person’s right to privacy in the choice of movies and videos he or she views. The VPPA came about after a newspaper published the video rental history of United States Supreme Court nominee Robert Bork while his nomination was pending. The VPPA precludes “video tape service providers” from disclosing to a third party “personally identifiable information concerning any consumer.” Consumers have a federal cause of action for violations, including the right to recover actual or statutory damages of at least $2,500, punitive damages, attorneys’ fees and other equitable relief. The term “consumer” means any renter, purchaser or “subscriber” of goods or services from a video tape service provider.

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