Cartoon Network Decision in Video Privacy Protection Act Suit Being Appealed
A North Carolina man who unsuccessfully sued Cartoon Network for alleged violations of the Video Privacy Protection Act is asking the 11th U.S. Circuit Court of Appeals to take a new look at its ruling. Mark Ellis sued the network…
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in 2014 for sharing with third parties data about users of the Cartoon Network app, including what clips and shows they watch. U.S. District Court Judge Thomas Thrash of Atlanta ruled later that year that Ellis' Android phone ID given to a data analytics company doesn't constitute personally identifiable information -- a decision that was upheld in October in an appeal by the 11th Circuit, though on different grounds, with the appellate court saying a person partaking of free content on a free app isn't a subscriber or consumer under the VPPA. In a petition for rehearing en banc to the 11th Circuit filed Friday, Ellis said the appellate court ruling "showed a misunderstanding of smartphone technology [and] unwittingly licensed video providers to disclose ... the viewing history and identity of any person who watches videos on a smartphone or tablet app" as long as the app doesn't require a login or registration process. "This result is contrary to the VPPA's purpose and robs smartphone and tablet users of important privacy protections guaranteed to them by Congress," he said. The appeal also asks that if the court isn't willing to reconsider, the case should be remanded so Ellis can amend his complaint. Cartoon Network didn't comment Tuesday.