Airbnb Says City Subpoena for Data Would Risk Privacy of Thousands
If New York City is given user data from the last seven years, the privacy of scores of hosts and thousands of guests will be compromised, lawyers for Airbnb have argued in opposition to the broad subpoena sought by the city government.
July 30, 2018 at 06:22 PM
4 minute read
If New York City is given user data from the last seven years, the privacy of scores of hosts and thousands of guests will be compromised, lawyers for Airbnb have argued in opposition to the broad subpoena sought by the city government. Airbnb's bid to foil the subpoena is the latest step in the legal fight between city officials and the home-sharing tech company. Airbnb target of a lawsuit In papers filed on Sunday, Airbnb argues that the wording of the city's subpoena commands that it produce information “well beyond” what it needs to pursue its case against Big Apple—the city's demand affects 76 accounts used to list properties on Airbnb and potentially thousands of guests who were hosted through the accounts, it argues, while only seven are relevant to the suit. “Requesting 'utterly irrelevant' data on the 69 accounts not implicated in the city's lawsuit—and particularly data on the 49 hosts with little to no Airbnb activity at these properties—goes far beyond the pleadings in the case, is irrelevant to the city's claim and improperly seeks to amass data on New Yorkers who had nothing to do with the alleged illegal activities,” the papers state. New York law does not allow for such “fishing expeditions,” the company argues, and the city filed the suit “as soon as possible to garner press attention.” Airbnb is represented in the matter by Nicholas Jackson and Jacob Sommer of ZwillGen. In a written statement, the Office of Special Enforcement said that platforms like Airbnb are witnesses in its investigation into Big Apple and that “witnesses are required to cooperate with subpoenas. “These platforms hold critical information about activity a landlord allowed to flourish in rent-stabilized buildings, jeopardizing some of our most important affordable housing stock and endangering New Yorkers and visitors,” said Christian Klossner, the executive director of the Office of Special Enforcement. “Despite the platform's promise to combat bad actors and despite having provided this information in the past, OSE has been forced to seek the court's assistance to gain compliance from these platforms that have a legal obligation to release the data.” Since 2010, it has been illegal under New York state law to rent out dwellings in multi-family buildings in New York City for less than 30 days, which effectively outlaws Airbnb in much of the city; in recent months, the city appears to have gotten more aggressive in its approach to Airbnb and its hosts. In June, the city filed suit against Big Apple, arguing that it is entitled to $1 million in punitive damages. This month, the city filed suits against Airbnb and TripAdvisor in Manhattan Supreme Court in the days after the New York City Council passed a bill requiring Airbnb to turn over the names and addresses of its hosts, arguing that the companies had yet to comply with subpoenas served as part of the case against Big Apple. In one of the suits, the city says it's operating under a “clear public mandate” to put a stop to attempts to convert permanent residencies into “ersatz” hotels, which it argues reduces the city's housing stock and jeopardizes the safety of New Yorkers and Airbnb guests. On the same day the council passed the legislation with a veto-proof majority, an Airbnb host who testified before the council against the city's stepped-up enforcement tactics on Airbnb hosts filed suit against the city alleging that he was hit with $32,000 in fines just for speaking out. Airbnb retained Andrew Celli Jr. of Emery Celli Brinckerhoff & Abady to represent Stanley Karol, the plaintiff in the retaliation suit.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBen & Jerry’s Accuses Corporate Parent of ‘Silencing’ Support for Palestinian Rights
3 minute readTrending Stories
- 1Elon Musk Names Microsoft, Calif. AG to Amended OpenAI Suit
- 2Trump’s Plan to Purge Democracy
- 3Baltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
- 4X Joins Legal Attack on California's New Deepfakes Law
- 5Monsanto Wins Latest Philadelphia Roundup Trial
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250