Privacy Law Commons^™

Video-Streaming Records And The Video Privacy Protection Act: Broadening The Scope Of Personally Identifiable Information To Include Unique Device Identifiers Disclosed With Video Titles, Gregory M. Huffman

Chicago-Kent Law Review

The Video Privacy Protection Act (“VPPA”) prohibits video tape service providers from disclosing their consumers’ video rental or sale records. Although the VPPA was originally enacted to regulate disclosures by brick-and-mortar video rental stores, litigators have more recently used the VPPA as a vehicle to regulate disclosures by online video content providers.

The application of the VPPA to video streaming via web browsers and mobile devices raises new questions of statutory interpretation. One key question is whether the scope of the VPPA is broad enough to cover a disclosure of a unique device identifier of a user’s device, rather than …

Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches, Andrew Hemmer

Chicago-Kent Law Review

This Note explores the constitutional implications of the use of a device known as the “Stingray” in criminal investigations. This device masquerades as a cell phone tower and forces all cell phones within a considerable range to connect to it, transmitting data and allowing law enforcement to ascertain the location of each cell phone. The use of Stingrays raises important Fourth Amendment concerns that have been brought to light most significantly by the 2008 federal prosecution of Daniel Rigmaiden. This Note argues that Stingray use constitutes a Fourth Amendment search and that a new standard of warrant requirements is needed …