In re Hulu Privacy Litigation

*1091 ORDER GRANTING SUMMARY JUDGMENT

[Re: ECF No. 230]

INTRODUCTION

The plaintiffs are viewers of online video content through Hulu, LLC’s Internet-based service. They allege that Hulu wrongfully disclosed their video viewing selections and personal-identification information to a third party: specifically, the social-networking website, Facebook. The plaintiffs claim that Hulu thereby violated the Video Privacy Protection Act of 1988 (“VPPA”), 18 U.S.C. § 2710 . (See generally 2d Am. Compl. — ECF No. 83.) 1 The VPPA prohibits a “video tape service provider” from “knowingly” disclosing a user’s “personally identifiable information” to third parties (with certain exceptions that do not apply here). See 18 U.S.C. § 2710 . “The term ‘personally identifiable information’ includes information that identifies a person as having requested or obtained specific video materials or services from a video tape service provider.” 18 U.S.C. § 2710 (a)(3).

Hulu has moved for summary judgment. (ECF No. 230.) It argues, in sum, that it did not “knowingly” send Facebook information that could identify Hulu users, and it did not know that Facebook might read the information that Hulu sent so as…