Privacy Daily featured insights from Benesch Partner David Krueger in its article, “Widened Circuit Split on Video Privacy Increases Chances of SCOTUS Review, Lawyers Say.”
The piece examines the growing divide among appellate courts on the Video Privacy Protection Act (VPPA) and the potential for the U.S. Supreme Court to weigh in. Krueger commented on the broader implications of recent rulings, noting:
“The decision reminded me of that line from the 2nd Circuit's Salazar decision last fall, where the panel said something like ‘Oh, the VPPA, that's no dinosaur of a statute, it's alive and well.’ Many people on the defense side say, ‘Well, that's a little bit of an overstatement to say … a statute written about videotapes from the 1980s is perfectly alive and well today.’”
Krueger further emphasized that the Supreme Court has recently reiterated its view that courts should apply statutes as written, even when interpreting older laws in light of modern technology.