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July 14, 2023
The Ninth U.S. Circuit Court of Appeals has rejected a request for an en banc rehearing of its decision allowing Silver Golub & Teitell's case accusing Google of illegally tracking children's behavior online to move forward, Law360 reported.
In a 16-page amended opinion written by U.S. Circuit Court Judge M. Margaret McKeown, a three judge panel unanimously voted against Google's request for an en banc rehearing. Judge McKeown noted that no other Ninth Circuit judge has requested a vote on whether to consider the matter en banc, Law360 reported.
"We look forward to finally forcing Google and its co-defendants to face up to their egregious exploitation and targeting of vulnerable young children through illegal usurpation of their private online information," Law360 quoted SGT partner David S. Golub as saying.
The panel also amended its original opinion to note that the FTC supports its conclusion that the Children's Online Privacy Protection Act neither expressly nor implicitly preempts the state law privacy claims asserted against Google and the content providers. The FTC expressed that position in an amicus brief that the panel requested after Google sought a rehearing.
The article is available here:
Law360: Full 9th Circ. Won't Rethink Kids' Google Privacy Case Ruling (subscription required)