Benesch Partner David Krueger Quoted in Privacy Daily on Split Circuit Decisions on Video Privacy Law

David Krueger, Co-Chair of Benesch’s Privacy Litigation & Compliance Practice Group, was recently quoted in the Warren-News article, “Split Circuit Decisions on Video Privacy Law Could Tee Up SCOTUS Review, Lawyers Say.”

Recent circuit court cases on the Video Privacy Protection Act (VPPA) have created a circuit split regarding the law’s applicability to modern technology with David stating, “Now we have, over the span of just a couple-day period, a very clear circuit split, two favoring the more expansive interpretation, and only one at the moment, favoring the more limited one.” This divergence in interpretation, with the 2nd and 7th Circuits favoring a broader definition of “consumer” and the 6th Circuit taking a narrower stance, has privacy lawyers anticipating potential Supreme Court involvement or congressional intervention to resolve the issue. Krueger also emphasized the 6th Circuit’s focus on statutory construction, arguing they correctly considered the “overall context” of the VPPA, which he believes was originally concerned with video purchases, rentals, or subscriptions.

Read the full article here: Split Circuit Decisions on Video Privacy Law Could Tee Up SCOTUS Review, Lawyers Say