Iowa
Privacy lawsuit against Iowa newspaper publisher will proceed, judge rules – Iowa Capital Dispatch
A federal judge has refused to dismiss a lawsuit alleging an Iowa newspaper publisher violated customers’ privacy rights through information sharing with Facebook.
The Iowa-based newspaper chain Lee Enterprises is facing a potential class-action lawsuit alleging it has shared readers’ personal information, including the videos they watch on Lee websites, with Facebook in violation of federal law. Lee had sought to have the case dismissed, arguing that individuals’ Facebook IDs were not transmitted directly from Lee to Facebook without the individuals having already signed onto Facebook.
U.S. District Judge Stephen Locher characterized the positions of the two parties by comparing them to a transaction at “an erstwhile brick-and-mortar video store.” Lee’s position, the judge said, is that the information sharing was like a consumer who invites a friend to join him at the counter of the video store, where the friend can clearly see which videos the consumer has rented. The company is saying the information sharing “was primary a consequence of the consumer’s own actions,” the judge summarized.
The judge, however, rejected Lee’s argument, siding with the plaintiffs in the case who argue that Lee implemented use of Facebook tracking software – part of which is called “the Facebook Pixel” – and then opted not to warn consumers that it had done so.
Locher noted that Congress passed federal privacy laws after a newspaper reporter obtained information about Judge Robert Bork’s video-rental history during hearings for Bork’s unsuccessful nomination to the U.S. Supreme Court in the late 1980s.
“Lee’s use of the Facebook Pixel is therefore arguably analogous to a brick-and-mortar video store’s use of glass windows near the cash register,” Locher ruled in his July 20 decision allowing the case to proceed. “Yes, the glass windows might allow a bystander to see which videos are being rented by someone the bystander already knows; but, no, this is not the harm Congress was trying to redress. There is, however, an alternative analogy that might be more apt.
“Perhaps the situation is more akin to a bystander who sees someone familiar — let’s call him ‘Robert Bork’ — leaving the video store and runs up and says to the clerk, ‘That was Robert Bork. What did he just rent?’ Although the video store may not have previously known the customer’s identity, it likely would violate the (federal law) if it gave rental information in response to the bystander’s question.”
The lawsuit, filed last December in U.S. District Court, alleges that Lee’s news-media websites offer users the option of subscribing to newsletters or to newspapers that provide consumers with access to articles and video content in exchange for their personal information, including names and mailing addresses.
The lawsuit claims Lee doesn’t inform subscribers their personal identifying information is captured by various tracking methods embedded in the Lee websites, which allegedly is then transferred to the social-media company Facebook.
The plaintiffs allege violations of the Video Privacy Protection Act in 1988, which prohibits video providers from sharing, without consumers’ consent, any personally identifiable information that is tied to a customer’s viewing of prerecorded audio-video material.
According to the plaintiffs, Facebook provides tools for web developers to monitor user interactions on their websites, and those interactions can then be shared with Facebook. Anyone with a developer’s console tool, which is built directly into commonly available internet browsers, can then monitor the transmission of data between Facebook and companies like Lee, the lawsuit claims.
Although the person monitoring the exchange of information wouldn’t see the name of the Lee customer, they would see that customer’s Facebook ID number — which, the lawsuit claims, can easily be used to identify the Facebook user. The plaintiffs say that one can simply append an unidentified individual’s Facebook ID number to the end of the URL www.facebook.com in any internet browser, and that will open up the Facebook user’s public profile page, revealing whatever personal information they choose to have featured there.
In addition, individuals can allegedly use fairly basic web-browsing tools to see the titles of whatever video content triggered the initial exchange of information between Lee and Facebook, providing an indirect link between named Facebook users and the specific videos they have watched on Lee websites.
In seeking class-action status for the case, the plaintiffs are alleging there are more than 100 potential class members and that the aggregate amount of money in controversy exceeds $5 million. The lawsuit seeks a temporary injunction requiring Lee to immediately remove tracking tools from the company’s websites and to obtain the appropriate consent from subscribers for any information sharing that may take place.
The plaintiffs are represented by J. Barton Goplerud and Brian O. Marty of the West Des Moines law firm Shindler, Anderson, Goplerud & Weese.
Lee publishes newspapers and other media content in 77 markets across 26 states. The company’s 10 Iowa papers include the Quad-City Times in Davenport, the Sioux City Journal, the Mason City Globe-Gazette, the Waterloo-Cedar Falls Courier and the Muscatine Journal.
Editor’s note: News stories from the Iowa Capital Dispatch are sometimes republished in Lee Enterprises’ Iowa newspapers.
The Rosemount High School Marching Band is celebrating a big victory from a competition earlier this fall. In late September they took home the Class AAA Championship trophy at the Bands of America regional competition in Waukee, Iowa. Members of the band joined the FOX 9 Morning News to talk about the win and share how they are getting ready for another big competition this weekend at U.S. Bank Stadium in Minneapolis.
Des Moines Register’s Top 10 Iowa high school football players in 2024
Here’s a look at The Register’s Top 10 Iowa high school football players in 2024.
(This story was updated to add new information)
It’s Week 7 of the Iowa high school football season. Check out our list of IHSAA scores from Friday night’s action.
Stream Iowa HS football on the NFHS Network
Scores are listed in alphabetical order by winning team
IHSAA scores from Week 7 of Iowa high school football season
Friday’s games:
- Ankeny Centennial 45, Des Moines Roosevelt 3
- Bedford 77, Lamoni 0
- Benton 38, Grinnell 7
- Bettendorf 48, Davenport Central 0
- Cedar Falls 38, Dubuque Senior 0
- Cedar Rapids Kennedy 45, Dubuque Hempstead 14
- Cedar Rapids Prairie 56, Cedar Rapids Jefferson 7
- Cedar Rapids Xavier 35, Oskaloosa 0
- Central City 64, Lone Tree 8
- Central Lyon/George-Little Rock 23, Western Christian 7
- Clarinda 47, Chariton 7
- Columbus 48, Van Buren County 7
- Creston 70, Knoxville 0
- Crestwood 28, New Hampton 27
- Davenport Assumption 34, Washington 6
- Decorah 57, Marion 14
- Dike-New Hartford 42, Aplington-Parkersburg 0
- Don Bosco 62, Turkey Valley 0
- Dowling Catholic 49, Urbandale 28
- Dyersville Beckman 28, Iowa City Regina 15
- East Mills 50, Exira-EHK 44
- East Union 64, Murray 36
- Easton Valley 61, Midland 21
- Edgewood-Colesburg 84, Calamus-Wheatland 31
- Emmetsburg 64, Eagle Grove 0
- Fremont-Mills 40, CAM 28
- Fort Dodge 55, Storm Lake 26
- Fort Dodge St. Edmond 43, Colo-Nesco 6
- Glenwood 20, Dallas Center-Grimes 17
- Glidden-Ralston 48, Coon Rapids-Bayard 6
- GMG 52, Meskwaki Settlement 0
- Greene County 10, Southeast Valley 7
- Harlan 24, Nevada 21
- Highland 41, Louisa-Muscatine 6
- Hinton 19, OABCIG 13
- Humboldt 21, Algona 20
- IKM-Manning 13, Southwest Valley 6
- Iowa City Liberty 28, Ankeny 20
- Jesup 35, Iowa Falls-Alden 6
- Johnston 56, Council Bluffs Lincoln 7
- Lenox 55, Southeast Warren 8
- Lewis Central 28, Winterset 24
- Linn-Mar 55, Davenport West 6
- Logan-Magnolia 14, Council Bluffs St. Albert 10
- Maquoketa Valley 35, North Linn 16
- Marshalltown 26, Ames 21
- Mediapolis 49, Davis County 20
- MMCRU 41, Westwood 18
- MOC-Floyd Valley 35, Sioux Center 14
- Mount Vernon 56, Fort Madison 7
- North Butler 22, Nashua-Plainfield 0
- North Fayette Valley won by forfeit over Oelwein
- North Iowa 46, Harris-Lake Park 40
- North Polk 22, Indianola 21
- Okoboji 49, Clarion-Goldfield-Dows 21
- Osage 42, Waukon 6
- Pekin 57, Wapello 0
- Pleasant Valley 42, Muscatine 7
- Remsen St. Mary’s 46, Woodbine 30
- Riceville 57, Waterloo Christian 0
- Ridge View 22, West Sioux 7
- Riverside 41, Earlham 6
- Roland-Story 28, Des Moines Christian 21
- Saint Ansgar 53, West Fork 0
- Sergeant Bluff-Luton 21, Carroll 0
- Sibley-Ocheyedan 48, HMS 14
- Sidney 62, Stanton-Essex 20
- Sigourney-Keota 62, Colfax-Mingo 26
- South Central Calhoun 41, Panorama 12
- South Hardin 34, Hudson 21
- Southeast Polk 31, Waukee 28
- Spencer 41, Sioux City West 0
- Spirit Lake 49, Garner-Hayfield-Ventura 6
- Sumner-Fredericksburg 54, Central Springs 12
- Treynor 36, Shenandoah 6
- Tri-Center 34, Woodbury Central 8
- Underwood 41, Missouri Valley 6
- Van Meter 54, Centerville 0
- Wapsie Valley 46, BCLUW 0
- Wayne 30, Central Decatur 6
- Webster City 42, Charles City 21
- West Hancock 60, Lake Mills 6
- West Lyon 50, Sheldon 0
- Wilton 39, West Branch 20
- Winfield-Mt. Union 68, Mormon Trail 8
Thursday’s games:
- Le Mars 44, Fort Dodge 37
- Pella 42, D.M. Hoover 10
- S.C North 37, D.M. East 0
The Iowa Hawkeyes are coming off of a 35-7 thumping at the hands of the Ohio State Buckeyes, and while a loss to Ohio State was expected, it was how Iowa lost that has Hawkeyes fans livid.
Iowa’s offense was absolutely lifeless, Cade McNamara looked lost and head coach Kirk Ferentz did not seem to have any answers.
Not only that, but Ferentz doubled down on McNamara remaining the starter after the game, saying that the quarterback actually showed improvement.
That’s why Ferentz’s reputation may actually be on the line when the Hawkeyes face the Washington Huskies this Saturday.
Iowa is just 3-2 on the season, as it also lost to the Iowa State Cyclones back in Week 2. A loss to Washington would drop the Hawkeyes to .500, and it would add more fuel to the “fire Ferentz” discussion that has been smoldering.
The Huskies are a new addition to the Big Ten and just beat the Michigan Wolverines, and while Michigan has not been as good as expected, Washington is no joke.
However, make no mistake: Iowa needs to beat these guys.
Here is the thing: barring a catastrophic remainder of the 2024 campaign at Iowa City, the Hawkeyes aren’t canning Ferentz. The man is under contract through 2029 on a hefty salary. It isn’t happening.
But Ferentz’s reputation is a different story.
The 69-year-old has been at the helm for Iowa since 1999 and is highly respected by the fans, but patience is running thin.
Last year, the Hawkeyes played three ranked opponents and lost by a total score of 92-0. They also just got destroyed by Ohio State. The Iowa fan base is tired with being second-best, and at this point, that is all Ferentz has offered them.
Sure, Iowa does not have the cachet or prestige of schools like Ohio State, Michigan or Alabama. It typically won’t land the very best recruits as a result. But the Hawkeyes’ inability to even put together respectable offenses over the years does reflect poorly on Ferentz, who is the longest-tenured coach in the country.
And Iowa fans are sick of it.
The Hawkeyes absolutely need to beat the Huskies this Saturday. Iowa should be better than Washington, and at some point, the Hawkeyes are going to have to display that they can consistently beat good teams.
Is all of the Ferentz criticism deserved? No, but that doesn’t necessarily mean that all of it is completely unfounded.
Ferentz can provide some nice pushback to all of the naysayers with a Week 7 win over Washington. Or, he can give fans more reason to complain with a loss.
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