Yershov v. Gannett Satellite Information Network, Inc.

Case Updates

The First Circuit denied the petition for rehearing and the petition for rehearing en banc.

The U.S. Chamber filed a coalition amicus brief in support of rehearing en banc urging review of a decision that improperly interpreted the Video Privacy Protection Act (VPPA). In this case, a panel of the First Circuit reversed the district court’s judgment dismissing the plaintiffs’ claims under the VPPA concerning defendant’s alleged tracking of users’ viewing of video clips accessed via an app.

The Chamber’s coalition brief argues that the decision expands the scope of “personally identifiable information” far beyond the bounds of accepted definitions and its interpretation of “subscriber” should be reconsidered because it misinterprets how mobile applications work. The Chamber’s brief also addresses in greater detail the significant implications of the panel’s decision for the wide swath of companies across many sectors that produce and provide video content for apps on smartphones, tablets, and other devices.

Kurt Wimmer, Mark W. Mosier, David J. Bender and Hannah Lepow of Covington & Burling LLP served as counsel for the amici with the U.S. Chamber of Commerce.