In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
146
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byPerrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Straite, David) (Filed on 5/16/2017)
1
2
3
4
5
Frederic S. Fox (admitted pro hac vice)
David A. Straite (admitted pro hac vice)
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Tel.: (212) 687-1980
Fax: (212) 687-7714
dstraite@kaplanfox.com
Stephen G. Grygiel (admitted pro hac vice)
SILVERMAN THOMPSON
SLUTKIN WHITE LLC
201 N. Charles Street, 26TH Floor
Baltimore, MD 21201
Tel.: (410) 385-2225
Fax: (410) 547-2432
sgrygiel@mdattorney.com
6
7
8
9
10
11
Laurence D. King (206423)
Mario Choi (243409)
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Tel.: (415) 772-4700
Fax: (415) 772-4707
lking@kaplanfox.com
12
13
14
15
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
16
17
No. 5:12-md-02314-EJD
18
19
20
21
IN RE: FACEBOOK, INC. INTERNET
TRACKING LITIGATION
PLAINTIFFS’ NOTICE OF NEW AUTHORITY;
REQUEST FOR LEAVE
N.D. Cal. L.R. 7-3(d)
Next CMC: June 29, 2017, 1:00pm
22
23
24
25
26
27
28
PLAINTIFFS’ NOTICE OF NEW AUTHORITY AND REQUEST FOR LEAVE
No. 5:12-md-02314-EJD
1
Earlier today, May 16, 2017, the privacy regulators of five European countries issued a common
2
statement regarding their respective investigations of the privacy implications of Facebook’s use of
3
tracking cookies and the Like Button to, among other things, track Internet users without their consent.
4
See Common Statement by the Contact Group of Data Protection Authorities of The Netherlands,
5
France, Spain, Hamburg and Belgium (English Language Version) (May 16, 2016) (the “Common
6
Statement”), attached as Exhibit A. Three regulators (in France, Belgium and the Netherlands) held
7
today that Facebook’s practices are unlawful, and investigations by two others (in Germany, via the
8
Hamburg DPA, and Spain) continue. Specifically:
9
1. The Netherlands: the Dutch Data Protection Authority (the “Autoriteit Persoonsgegevens”)
10
has determined that Facebook “violates data protection law” because it uses sensitive
11
personal information without user consent in order to show targeted advertisements.
12
Common Statement at 2. Simultaneously with the Common Statement, the Dutch DPA
13
issued an English Language press release repeating the same conclusion. See Press Release,
14
Dutch Data Protection Authority: Facebook Violates Privacy Law (May 16, 2017), attached
15
as Exhibit B.
16
2. France: the French Commission Nationale de l’Informatique et des Libertes (the “CNIL”)
17
today announced monetary sanctions against Facebook due, in part, to “unlawful tracking,
18
via the datr cookie, of internet users.” Common Statement at 1. The French regulator
19
specifically found that Facebook’s disclosures regarding data collection do not sufficiently
20
make clear that users’ “personal data are systemically collected as soon as they navigate on a
21
third-party website that includes a social plug-in.” Id. Simultaneously with the release of the
22
Common Statement, the CNIL issued an English Language press release providing more
23
detail of their investigation and the “public sanction.” Press Release, CNIL, Facebook
24
Sanctioned For Several Breaches of the French Data Protection Act (May 16, 2017),
25
attached as Exhibit C. Today’s announcement and sanction are an extension of the CNIL’s
26
earlier decision regarding the datr cookie and unlawful tracking of Internet users. See CNIL
27
Decision dated January 26, 2016, included as Exs. 4 & 5 to the Declaration of Stephen
28
-1PLAINTIFFS’ NOTICE OF NEW AUTHORITY AND REQUEST FOR LEAVE
No. 5:12-md-02314-EJD
1
Grygiel (ECF Nos. 104-4 and 104-5); see also Plaintiffs’ Opposition to Facebook’s Motion
2
to Dismiss at 25 (ECF No. 104) (discussing CNIL investigation and decision).
3
3. Belgium: the Belgian Privacy Commission issued new guidance to Facebook “about its
4
tracking of users and non-users of Facebook through cookies, social plug-ins and pixels”
5
following Facebook’s changes to its practices in 2015 and 2016 following an earlier decision
6
of the Belgian Privacy Commission. Common Statement at 1; see also Second Amended
7
Complaint at ¶¶ 154-160 (discussing the earlier Belgian decision referenced in the Common
8
Statement). Although Facebook made some changes, the Privacy Commission found today
9
that “Facebook continues to act in non-compliance with both Belgian and EU data protection
10
law as regards the tracking of both users and non-users of Facebook through cookies, social
11
plug-ins and pixels.” Common Statement at 1.
12
Plaintiffs do not argue that Dutch, French or Belgian law applies in this case. Rather, as pled in
13
the Second Amended Complaint, argued in the Opposition to the Motion to Dismiss, and now
14
emphasized by multiple privacy regulators, Facebook’s practice of tracking Internet users and
15
aggregating personal data is globally condemned when it lacks consent. Tracking and aggregation of
16
Internet browsing, without consent, is a breach of social norms and a grave invasion of privacy.
17
Plaintiffs therefore respectfully seek leave to provide the Common Statement and the Dutch and French
18
press releases as supplemental authority for the Court’s consideration when deciding the pending
19
Motion to Dismiss. All three attached documents are provided publicly on the websites of the various
20
regulators and are capable of verification.
21
22
[signatures on following page]
23
24
25
26
27
28
-2PLAINTIFFS’ NOTICE OF NEW AUTHORITY AND REQUEST FOR LEAVE
No. 5:12-md-02314-EJD
1
Dated: May 16, 2017
Respectfully submitted,
KAPLAN, FOX & KILSHEIMER LLP
SILVERMAN, THOMPSON, SLUTKIN &
WHITE LLC
By:
/s/ David A. Straite
Frederic S. Fox (admitted pro hac vice)
David A. Straite (admitted pro hac vice)
850 Third Avenue
New York, NY 10022
Telephone: (212) 687-1980
Facsimile: (212) 687-7714
dstraite@kaplanfox.com
By: /s/ Stephen G. Grygiel
Stephen G. Grygiel (admitted pro hac vice)
201 N. Charles St., #2600
Baltimore, MD 21201
Telephone (410) 385-2225
Facsimile: (410) 547-2432
sgrygiel@mdattorney.com
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Interim Co-Lead Counsel
Laurence D. King (206423)
Mario Choi (243409)
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Tel.: (415) 772-4700
Fax: (415) 772-4707
lking@kaplanfox.com
Interim Co-Lead Counsel
16
17
18
19
20
21
22
23
24
25
26
27
28
-3PLAINTIFFS’ NOTICE OF NEW AUTHORITY AND REQUEST FOR LEAVE
No. 5:12-md-02314-EJD
1
2
ATTESTATION OF E-FILED SIGNATURE
I, David A. Straite, court-appointed interim lead counsel for the proposed Class, am the ECF user
3
whose ID and password are being used to file the foregoing. In compliance with Civil L.R. 5-1(i)(3), I
4
hereby attest that Stephen Grygiel has concurred in this filing.
5
6
/s/ David A. Straite
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS’ NOTICE OF NEW AUTHORITY AND REQUEST FOR LEAVE
No. 5:12-md-02314-EJD
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?