TUCSON, Ariz. — Finding that an internet user’s internet protocol (IP) address is information that is publicly available and shared with many parties, an Arizona federal judge on March 7 ruled that a man indicted on federal child pornography charges had no reasonable expectation of privacy in his IP address or in the subscriber information supplied by his internet service provider (ISP), adopting a magistrate’s recommendation to deny the indictee’s motion to suppress the information (United States v. Michael James McCutchin, No. 4:17-cr-01517, D. Ariz., 2019 U.S. Dist. LEXIS 36811).
SANTA ANA, Calif. — Three months after a judge preliminarily approved their settlement with Experian Information Solutions Inc. over a 2015 data breach, the plaintiffs filed a motion in California federal court on March 6 requesting service awards for the named plaintiffs, as well as awards of attorney fees and litigation costs (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).
WILMINGTON, Del. — An Irish-based medical imaging company argues in a March 5 brief in Delaware court that documents sought in discovery by a former manufacturing partner in a motion to compel are not only irrelevant to the contractual dispute between them but also that producing them could potentially violate the stringent privacy standards of Europe’s General Data Protection Regulation (GDPR) (Guerbet Ireland Unlimited Co., et al. v. SpecGX LLC, No. N18C-05-159, Del. Super.).
ATLANTA — Three Native American tribes that saw their claims against Equifax Inc. transferred and centralized in Georgia federal court along with hundreds of other similar suits filed a motion March 1 asking the court to establish a separate track in the litigation for tribal governments’ claims against the company, citing unique issues of law and sovereignty (In Re: Equifax Inc., Customer Data Security Breach Litigation, No. 1:17-md-2800, N.D. Ga.).
SAN DIEGO — Although a Ninth Circuit U.S. Court of Appeals panel majority found that law enforcement personnel lacked probable cause to obtain the cell-site location information (CSLI) for a man who was indicted for a murder, it held in a March 4 ruling that the officer’s good faith reliance on a court-issued warrant overcame the probable cause deficiency (United States v. Antonio Gilton, et al., No. 16-10109, 9th Cir., 2019 U.S. App. LEXIS 6507).
LOS ANGELES — The Federal Trade Commission (FTC) on Feb. 27 filed a proposed, stipulated order in California federal court, announcing that it had settled claims against online video social network operator Musical.ly for violation of the Children’s Online Privacy Protection Act (COPPA) for an amount of $5.7 million (United States v. Musical.ly, et al., No. 2:19-cv-01439, C.D. Calif.).
CHICAGO — In a Feb. 25 jurisdictional memorandum, Google LLC explains that its cross-appeal of a ruling in its favor that dismissed claims over Google’s facial recognition photo-tagging feature is necessary because it intends to advance an alternative argument for affirmance, telling the Seventh Circuit U.S. Court of Appeals that a trial court should have dismissed the claims brought under Illinois’ Biometric Information Privacy Act (BIPA) for failure to state a claim (Lindabeth Rivera v. Google LLC, Nos. 19-1182 and 19-1242, 7th Cir.).
SAN FRANCISCO — Characterizing Facebook Inc. as a “relentless digital spy,” a California man on Feb. 22 opposed the social network’s motion to dismiss privacy claims over its purported practice of tracking users’ locations even after they opted out of such tracking in their account settings, asserting that this violation of his privacy rights constitutes a concrete injury that establishes his standing under Article III of the U.S. Constitution (Brett Heeger v. Facebook Inc., No. 3:18-cv-06399, N.D. Calif.).
LOS ANGELES — After a putative class action against Delta Air Lines Inc. over a 2017 data breach was denied centralization with similar suits and was transferred from Georgia to California federal court, the lead plaintiff on Feb. 22 filed a first amended complaint against the airlines and a data support company, adding new claims for computer fraud and illegal access (Teresa J. McGarry v. Delta Air Lines Inc., et al., No. 2:18-cv-09827, C.D. Calif.).
BALTIMORE — In a Feb. 15 reply brief supporting its summary judgment motion, the National Security Agency (NSA) tells a Maryland federal court that Wikimedia Foundation has failed to offer any admissible, nonprivileged evidence that any of its communications were intercepted in the agency’s upstream surveillance program, defeating its standing to bring constitutional claims against the government (Wikimedia Foundation v. National Security Agency, et al., No. 1:15-cv-00662, D. Md.).
SAN FRANCISCO— A technology firm that is the defendant in a patent infringement lawsuit failed to establish that producing emails of an employee in the United Kingdom would violate the privacy protections of Europe’s General Data Protection Regulation (GDPR), a California federal magistrate judge ruled Feb. 14, finding the requested emails to be relevant to the suit and the plaintiff’s requests to not be overbroad (Finjan Inc. v. Zscaler Inc., No. 3:17-cv-06946, N.D. Calif., 2019 U.S. Dist. LEXIS 24570).
SAN JOSE, Calif. — Three months after a California federal judge preliminarily approved an $8.3 million settlement with Lenovo (United States) Inc. over its use of intrusive adware, a consumer class on Feb. 14 moved for final approval of the agreement that would settle their privacy and computer fraud claims against the computer manufacturer (In Re: Lenovo Adware Litigation, No. 3:15-md-02624, N.D. Calif.).
PITTSBURGH — A fast food chain has agreed to pay $50 million to settle financial institutions’ class claims against its franchisees in connection with a data breach first reported in 2016, according to a motion for preliminary settlement approval filed Feb. 13 in a Pennsylvania federal court (First Choice Federal Credit Union, et al. v. The Wendy’s Company, et al., No. 16-506, W.D. Pa.).
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel on Feb. 12 dismissed, for lack of jurisdiction, a newspaper’s appeal of a trial court ruling that found it liable under the Driver’s Privacy Protection Act (DPPA) for publishing information about Chicago Police Department (CPD) officers that it obtained from the Department of Motor Vehicles (DMV), finding that the underlying judgment did not sufficiently address what relief was awarded to the prevailing officers (Hugh Gallagly, et al. v. Sun-Times Media LLC, No. 18-3101, 7th Cir.).
SAN FRANCISCO — In a Feb. 11 brief filed in the Ninth Circuit U.S. Court of Appeals, Facebook Inc. responds to a motion to dismiss its appeal of a trial court’s certification of a class suing it for violation of an Illinois biometric privacy law, disputing the plaintiffs’ assertion that a recent Illinois Supreme Court ruling on the statute resolved the issues on appeal (In re Facebook Biometric Information Privacy Litigation, No. 18-15982, 9th Cir.).
NEW YORK — A New York federal judge on Feb. 12 declined to dismiss federal class claims against the Port Authority of New York and New Jersey alleging that it records medical exams of employees without their consent (Charlese Talarico, et al. v. The Port Authority of New York and New Jersey, No. 18-909, S.D. N.Y., 2019 U.S. Dist. LEXIS 22766).
FRESNO, Calif. — A California federal judge on Feb. 11 denied motions by the American Civil Liberties Union (ACLU) and the Washington Post to unseal court filings in a case where the U.S. Department of Justice (DOJ) reportedly sought to compel Facebook Inc. to provide it with access to users’ private calls made via the social network, with the judge concluding that the need to maintain confidentiality in crime fighting techniques outweighed any public right of access to the records (In re U.S. Department of Justice Motion to Compel Facebook to Provide Technical Assistance in Sealed Case, Opinion and Order Issued in or About September 2018, No. 1:18-mc-00057, E.D. Calif., 2019 U.S. Dist. LEXIS 21931).
WASHINGTON, D.C. — In a pair of Feb. 5 rulings, a District of Columbia U.S. Court of Appeals panel upheld a trial court’s dismissal of three lawsuits over adomestic surveillance program of the National Security Agency (NSA), finding that the discontinuation of the program rendered most of the claims smoot (Larry Klayman, et al. v. Barack Obama, et al., Nos. 17-5281 and 17-5282, D.C. Cir., 2019 U.S. App. LEXIS 3572; and Larry Klayman v. James B. Comey, et al., No. 18-5097, D.C. Cir., 2019 U.S. App. LEXIS 3574).
PORTLAND, Ore. — Addressing motions to compel by both sides in a consolidated class action over a 2014 data breach experienced by Premera Blue Cross, an Oregon federal judge on Feb. 6 denied the health insurer’s request to inspect the computers and devices of the named plaintiffs, finding the request to be “not proportional to the needs of the case” and outweighed by the plaintiffs’ privacy interests (In Re: Premera Blue Cross Customer Data Security Breach Litigation, No. 3:15-md-02633, D. Ore., 2019 U.S. Dist. LEXIS 20279).
SAN FRANCISCO — A consolidated class complaint was filed against Facebook Inc. in California federal court Feb. 7, with plaintiffs alleging negligence and breach of contract related to a 2018 data breach that exposed the personal details of millions of the social network’s users through a vulnerability in the profile “View As” feature (Carl Echavarria, et al. v. Facebook Inc., No. 3:18-cv-05982, N.D. Calif.).