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ARTICLE · 04 FEBRUARY 2026

Federal Circuits Continue To Muddy Privacy Law Waters In Recent Facebook Ruling.

Recent federal court rulings on the Video Privacy Protection Act and Facebook Pixel highlight a growing circuit split regarding online privacy rights.

United StatesPrivacy

Recent federal court rulings on the Video Privacy Protection Act and Facebook Pixel highlight a growing circuit split regarding online privacy rights. This article explores how the Second Circuit's decision in Solomon v. Flipps Media affects the future of digital privacy litigation.

Technological developments in the information age continue to baffle courts. Recently, the Second Circuit Court of Appeals refused to apply the Video Privacy Protection Act Facebook Pixel technology because Pixel does not make the private information readily available to an ordinary person. The ruling broadens a split between the federal circuit courts and shows how courts continue to struggle to adapt to the broad exchange of online privacy rights prevalent among tech giants.

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