. briefs keyed to 223 law school casebooks. 281 0 obj <>/Filter/FlateDecode/ID[<07633D62FB6BF04E9CBB352EB7D408E8><14062B4D6ED9A1499CF5AC892AD1D831>]/Index[265 31]/Info 264 0 R/Length 79/Prev 483242/Root 266 0 R/Size 296/Type/XRef/W[1 2 1]>>stream Reno, 528 U.S. at 146, 120 S. Ct. 666. A claim is properly dismissed for lack of subject matter jurisdiction when the court lacks the statutory or constitutional power to adjudicate the claim. Plaintiffs also cite to language in Reno v. Condon, 528 U.S. 141, 120 S. Ct. 666 (2000), to support her claim. Hallandale Professional Fire Fighters Local 2238 v. City of Hallandale, 922 F.2d 756, 760 n. 3 (11th Cir.1991). In New York and Printz, we held federal statutes invalid, not because Congress lacked legislative authority over the subject matter, but because those statutes violated the principles of federalism contained in the Tenth Amendment. 153 . You're using an unsupported browser. But the fact that drivers' personal information is, in the context of this case, an article in interstate commerce does not conclusively resolve the constitutionality of the DPPA. x��Z[o�:~���Gy3�H�R�\z��-N�C�>(��Ǒ�����~g��#ڢ�ŢplI�+g����ο������|��ł}��d�nOO�o �}8=,���8�fY���>��߾gl՝��lEW������G�f�f����\7v��%cQb j�ZH^(��d__�c5�r�e\�ǰ�#z%2�y��4�Ib�|�z�����L;��(�S�S��*�e�����e��o��$1_�}�_>��:��%�Gf�q�L ~Idx�{���d���. Although defendant Reed Elsevier refrained from arguing ripeness, the Court nonetheless questions, sua sponte, whether this matter is mature to proceed. We think, instead, that this case is governed by our decision in South Carolina v. Baker. The Act does not define "authorized recipient.". The Court agrees with defendant Reed Elsevier that plaintiffs may not maintain a DPPA claim for improper obtainment under 18 U.S.C. Congress’s Powers? Reno v. Condon, 528 U.S. 141, 143, 120 S. Ct. 666, 668, 145 L. Ed. See Zhang v. Am. § 2724(a) without alleging an accompanying impermissible use. (emphasis omitted). 18 U.S.C. That relief is discussed infra. § 1232g(b)(1) provides in relevant part: No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a) of this section) of students without the written consent of their parents to any individual, agency, or organization, other than to the following —. See Clark v. Tarrant County, 798 F.2d 736, 741 (5th Cir.1986). More likely, Congress intended to leave the recipient authorization process to the states and their DMVs. Plaintiffs do not seem from the facts presented to be immediately in danger of sustaining direct injury under the DPPA. § 2721, et seq. But we need not address the question whether general applicability is a constitutional requirement for federal regulation of the States, because the DPPA is generally applicable. Nov 10, 1999. If a State has obtained drivers' consent to disclose their personal information to private persons generally and a private person has obtained that information, the private person may redisclose the information for any purpose. In Reno, the Supreme Court focused on the principles of federalism and the Tenth Amendment, not on the precise meaning and scope of the statute, and certainly not as applied to the facts in this case. In Reno v. Condon, the Supreme Court of the United States illustrates two basic concepts: (i) the supremacy of federal law (Congress may pass laws that affect state action) and (ii) the sovereignty of the individual States (Congress may not pass laws that require the states to expend resources enforcing federal policy). January 28th, 2004, Precedential Status: A case is generally ripe if any remaining questions are purely legal ones. Louisiana. 12(b)(1) because plaintiffs fail to meet the jurisdictional and constitutional requirements of *670 standing. Based on the limited evidence presented in support of and in opposition to this motion, this Court finds that plaintiffs have failed to satisfy their standing burden of proving "injury in fact." South Carolina law conflicts with the DPPA's provisions. 2d 587, 2000 U.S. CourtListener is sponsored by the non-profit Free Law Project. Syllabus Opinion [ Rehnquist ] HTML version PDF version: HTML version PDF version : Opinion of the Court. § 2721(a). S15, 763 (1993). § 2710, et seq., the Family Education Rights Privacy Act, U.S.C. Indeed, in other privacy acts Congress has restricted disclosure exceptions to specific users. v. Gerstein, 494 F.2d 25, 27 (5th Cir.1974). That a State wishing to engage in certain activity must take administrative and sometimes legislative action to comply with federal standards regulating that activity is a commonplace that presents no constitutional defect.". 2d 587 (2000).2 In a response letter dated February 25, 2008, the city supplemented the basis for its redaction of driver's license numbers to include the FDPPA and Reno, 528 U.S. 1 Former RCW 42.56.240 (2005), in effect at the time of the city's response, contained five Defendant supports its motion with numerous affidavits and documentary evidence. Federal Rule of Civil Procedure 12(b) states that defenses enumerated in the rule "shall be made before pleading if further pleading is permitted." Location Congress. We agree with the United States' contention. The court may only refer to legislative history for congressional intent when the statute is unclear or ambiguous. Largely in response to mounting public safety concerns over stalkers' and other criminals' access to the personal information maintained in state DMV records, Congress enacted the Driver's Privacy Protection Act of 1994, 18 U.S.C. Media. Because both parties have already briefed standing, the Court discourages duplicative memoranda on that issue. The Locate.Plus.Com court stated: The Iowa Supreme Court accurately observed that Congress enacted the DPPA to protect citizens from improper use of personal DMV information while allowing access for legitimate purposes. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Indeed, that decision limits, rather than empowers, the state as a gatekeeper in the instant procedural context. . Assn. Reno v. Condon The Supreme Court of the United States, 2000 528 U.S. 141 [1] 18 U.S.C. Yes. Today we hold that Congress cannot circumvent that prohibition by conscripting the States' officers directly. RENO V. CONDON (98-1464) 528 U.S. 141 (2000) 155 F.3d 453, reversed. U.S.C. Reno v. Condon. United Transportation, 205 F.3d at 857 (citing Abbott Labs. DPPA § 2721(c) requires any "authorized recipient" to maintain records documenting the identity and permitted uses for which drivers' resold personal information will be used. 2d 351 (1992). See Parents for Educational Justice v. Picard, 2000 WL 526864 *2. Plaintiffs' reliance on the Iowa Supreme Court opinion in Locate.Plus.Com, Inc. v. Iowa D.O.T, 650 N.W.2d 609, 617-18 (Iowa 2002), is misplaced. "The canons of statutory construction dictate that when construing a statute, the court should give words their ordinary meaning and should not render as meaningless the language of the statute." § 2721(c). The DPPA defines "personal information" as any information "that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information," but not including "information on vehicular accidents, driving violations, and driver's status." "[1] Defendant contends that this congressional linguistic *666 choice, among others, reveals an intent to allow companies like Reed Elsevier to obtain and resell drivers' personal information to parties with a permissible use under the DPPA. Den Norske Stats Oljeselskap As, 241 F.3d at 424. Because both standing and ripeness analyses look to the existence of actual injury to the plaintiff caused by the alleged wrong, they overlap to some degree and often collapse into each other. Such 'commandeering' is, however, an inevitable consequence of regulating a state activity. Locate.Plus.Com, 650 N.W.2d at 617. endstream endobj 266 0 obj <. Instead, the Court shall analyze the manner and degree of evidence appropriately provided at this stage of litigation. Locate.Plus.com, Inc. brought a declaratory judgment action against Iowa seeking judicial review of the information refusal. § 2721(b) provides in pertinent part: Permissible uses. The DPPA's provisions do not apply solely to States. The language of 18 U.S.C. The United States bases its Commerce Clause argument on the fact that the personal, identifying information that the DPPA regulates is a "thin[g] in interstate commerce," and that the sale or release of that information in interstate commerce is therefore a proper subject of congressional regulation. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. Any interpretation *665 of "authorized recipient" to mean "authorized user" runs afoul of the words' common definitions and, in effect, renders the term "recipient" meaningless under the DPPA. The DPPA regulates the disclosure and resale of personal information contained in the records of state DMVs. § 2721(c) permitting resale and redisclosure by "authorized recipients" instead of "authorized users" or "permissible users" indicates Congress' anticipation that entities such as Reed Elsevier would obtain drivers' personal information from DMVs strictly to redistribute it to persons with permissible uses. Locate.Plus.Com characterizes the DPPA as an act that regulates uses and users, however, it failed to recognize that the Act overwhelmingly regulates uses. endobj The party invoking federal jurisdiction bears the burden of proof in establishing all three elements. The DPPA regulates the States as the owners of data bases. Filed: Standing "is an essential and unchanging part of the case-or-controversy requirement of Article III." See e.g., Stockman v. Federal Election Comm'n, 138 F.3d 144, 151 (5th Cir.1998). No contracts or commitments. The Driver's Privacy Protection Act of 1994 (DPPA or Act), regulates the disclosure of personal information contained in the records of state motor vehicle departments (DMVs). © 2020 Courtroom Connect, Inc. See Texas v. United States, 523 U.S. 296, 301, 118 S. Ct. 1257, 1260, 140 L. Ed. As a result, the Locate.Plus.Com holding cannot apply to the instant plaintiffs' improper obtainment claims, which must be dismissed. According to Paterson v. Weinberger, 644 F.2d 521 (5th Cir.1981), if a defendant merely files a Rule 12(b)(1) motion without supporting it with documentary evidence, a "facial attack" on standing, the trial court must look to the sufficiency of the allegations in the complaint because they are presumed to be true. Then click here. Lewis v. Casey, 518 U.S. 343, 350, 116 S. Ct. 2174, 2179, 135 L. Ed. Following the DPPA's enactment, South Carolina and its Attorney General, respondent Condon, filed suit in the United States District Court for the District of South Carolina, alleging that the DPPA violates the Tenth and Eleventh Amendments to the United States Constitution. Serv., Inc. v. Council of New Orleans, 833 F.2d 583, 586-87 (5th Cir.1987)). The DPPA establishes a regulatory scheme that restricts the States' ability to disclose a driver's personal information without the driver's consent. ). The DPPA defines "personal information" as "information that identifies an individual, including an individual's photograph, social security number, driver identification number, name address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status."

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