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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: second circuit

Posted in Consumer Privacy

Second Circuit Panel Sides With Ninth Circuit on What Qualifies as an Autodialer

A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act. On April 7, 2020, a Second Circuit panel joined a Ninth Circuit panel in adopting a broad reading of the statutory definition of “automatic telephone dialing system,” commonly referred to as an autodialer. The Duran decision also rejected the reasoning in opinions issued by panels in the Seventh and Eleventh Circuits earlier this year, which deepens the split between the Courts of Appeals and increases the pressure on the Federal Communications Commission, Congress, and even the U.S. Supreme Court to provide clarity on what constitutes an autodialer under the TCPA.

Posted in Consumer Privacy

Second Circuit Rules Anonymity of Internet Users Not Protected by First Amendment

Thanks to Eric Bukstein in the Hogan Lovells privacy group for providing this report. On May 3, 2010, in Arista Records v. Doe 3, a Second Circuit panel issued an opinion finding that an Internet user’s right to remain anonymous is not sufficient to prevent an ISP from revealing his identity in a copyright infringement dispute. The court held […]