Plaintiff alleged a privacy interest in video viewing information where defendant “collected detailed video viewing information to package individuals into audiences based, for example, on their political leanings because they watched the State of the Union, or ‘liberal affinity news,’ or ‘conservative affinity news.’” Plaintiffs have shown standing for a potential violation from collecting detailed user information. Dellasala v. Samba TV, Inc., 2026 U.S. Dist. LEXIS 88089 (N.D. Cal. Apr. 21, 2026)*:
… [Plaintiffs] allege Samba collected detailed video viewing information to package individuals into audiences based, for example, on their political leanings because they watched the State of the Union, or “liberal affinity news,” or “conservative affinity news.” (Dkt. No. 56 at ¶ 123.) These allegations are akin to those in Harris v. iHeartMedia, Inc., No. 25-CV-06038-EKL, 2026 U.S. Dist. LEXIS 23256, 2026 WL 247875, at *1 (N.D. Cal. Jan. 29, 2026), when the court concluded the plaintiff had adequately alleged injury in fact based on allegations the defendant created “comprehensive user profiles that include an assortment of information, interests, and inferences” which were synched with third party “data brokers to build the most comprehensive user profiles possible” and then “auctioned to potential advertisers.” Here, as in iHeart, the allegations of “the violation of a privacy interest that bears a ‘close relationship’ to traditional harms – i.e., the loss of the ability to control information about himself and to avoid the broad dissemination of that information” are therefore sufficient to demonstrate a concrete injury in fact. 2026 U.S. Dist. LEXIS 23256, [WL] at *2 (collecting cases similarly holding).
Further supporting a protectable privacy interest, and as discussed at oral argument, an individual’s privacy interest in their video viewing information is what led to the passage of the Video Privacy Protection Act. See Osheske v. Silver Cinemas Acquisition Co., 132 F.4th 1110, 1114 (9th Cir. 2025) (discussing the history of the VPPA and legislators’ “outrage” over “the disclosure of Judge Bork’s video rental history” and the right to “privacy and intellectual freedom [in] the ‘home,’ the ‘living room,’ and other contexts in which people might expect ‘quiet[ ] and reflection.'” (quoting S. Rep. No. 100-599, at 5-7); see also Balestrieri v. SportsEdTV, Inc., No. 25-CV-04046-SK, 2025 U.S. Dist. LEXIS 194373, 2025 WL 2776356, at *7 (N.D. Cal. Sept. 16, 2025) (concluding disclosure of video-viewing history constitutes a concrete injury under the VPPA and collecting cases re: the same).
"If it was easy, everybody would be doing it. It isn't, and they don't." —Me
"Life is not a matter of holding good cards, but of playing a poor hand well." –Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others)
“I am still learning.” —Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." —Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence." —Mapp v. Ohio, 367 U.S. 643, 659 (1961).
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." — Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their property." —Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." —United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth." —Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." —Arizona v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." —Katz v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” —United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.” —United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." —Mick Jagger & Keith Richards, Let it Bleed (album, 1969)
"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration camp]
“Children grow up thinking the adult world is ordered, rational, fit for purpose. It’s crap. Becoming a man is realising that it’s all rotten. Realising how to celebrate that rottenness, that’s freedom.” – John le Carré, The Night Manager (1993), line by Richard Roper
"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime." —Johnson v. United States, 333 U.S. 10, 13-14 (1948)
The book was dedicated in the first (1982) and sixth (2025) editions to Justin William Hall (1975-2025). He was three when this project started in 1978.
