How far can decades-old privacy laws stretch to address modern digital tracking technologies? The US Supreme Court may soon provide an answer as it considers a closely watched case involving the Video Privacy Protection Act and the scope of who qualifies as a “consumer” under the statute.
McCarter partner Erin Prest spoke with Law360 about the case and the broader challenges courts face when applying outdated statutory language to rapidly evolving technologies.
“While on its face, this case is about the definition of a ‘consumer’ and how broad or narrow it may be, it is a perfect example of how courts grapple with outdated statutory language as applied to today’s technology,” she said.