Paramount Pictures Corporation v. ReplayTV, Inc., Joint Stipulation ...

12345678910111213141516171819202122232425262728consistent with consumer privacy interests.” See PRIVACY ONLINE: A REPORT TOCONGRESS, The Federal Trade Commission, June 1998, at ii, available athttp://www.ftc.gov/reports/privacy3/priv-23a.pdf.These core principles, including notice, choice, access, security andenforcement underlie FTC enforcement actions in the recent years, particularly incases where actions are proposed to be taken with respect to user information notdisclosed in its privacy policies. See e.g., FTC v. Toysmart.com, LLC, andToysmart.com, Inc. (D. Mass. 2000) (Civil Action No. 00-11341-RGS); In theMatter of GeoCities, Docket No. C-3849, FTC Lexis 17 (1999).In addition, both federal and California law has recognized consumers’ rightsto non-disclosure of their television viewing habits. The Cable Act, 47 U.S.C.Section 551, provides that cable operators may not disclose viewers’ personallyidentifiable information without prior written or electronic consent of thesubscriber, 40/ except (A) where necessary to provide service; 41/ (B) pursuant to acourt order if the subscriber is given notice of the order; 42/ or (C) for disclosure ofthe names and addresses of subscribers if the subscribers have had notice of thedisclosure, an opportunity to prohibit or limit the disclosure, and the disclosureitself does not reveal, “directly or indirectly” the “extent of any viewing or otheruse by the subscriber. . . . “ 43/ (Emphases added.)Similarly, California law makes it illegal for cable or satellite companies to“ provide any person with any individually identifiable information regarding any ofits subscribers, including, but not limited to, the subscriber’ s television viewinghabits . . . without express written consent.” It further provides that “ if requests forinformation [by legal process] are made, a satellite or cable television corporation40/41/42/43/See 47 U.S.C. 551(c)(1).See 47 U.S.C. 551(c)(2)(A).See 47 U.S.C. 551(c)(2)(B).See 47 U.S.C. 551(c)(2)(C)53