How should a decades-old privacy statute apply to modern online video technology? The US Supreme Court is considering that question in Salazar v. Paramount Global, a case examining who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA).
In a Privacy Daily article analyzing the Court’s oral argument, McCarter partner Erin M. Prest discussed the justices’ skepticism toward both sides and their consideration of issues extending beyond the question presented.
“You could tell the justices were grappling with this issue,” Erin said, noting that the argument demonstrated both “the flaws in trying to apply old law to new technology” and the absence of a “perfect analogy” for the case.
Erin also observed that the justices devoted significant attention to broader VPPA questions not directly before the Court, reflecting an awareness that their decision will have implications far beyond a single case.