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GORDON v. SOFTECH INTERN., INC.

Docket No. 12-661-cv.

726 F.3d 42 (2013)

Erik H. GORDON, Plaintiff-Appellant, v. SOFTECH INTERNATIONAL, INC., Reid Rodriguez, Arcanum Investigations, Inc., Dan Cohn, Defendants-Cross-Claimants-Cross-Defendants-Appellees, Aron Leifer, aka Jack Loren, Bodyguards.Com, Defendants-Cross-Defendants-Cross-Claimants.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2013.

Corrected: August 1, 2013.

Attorney(s) appearing for the Case

Justin M. Sher ( Yuriko Tada , on the brief), Sher Tremonte LLP, New York, NY, for Plaintiff-Appellant.

Coleen F. Middleton , Wilson Elser Moskowitz Edelman & Dicker LLP, New York, N.Y. ( Gregory Saracino , on the brief), Milber, Makris, Plousadis & Seiden, LLP, White Plains, NY, for Defendants-Cross-Claimants-Cross-Defendants-Appellees.

Joseph V. DeMarco , DeVore & DeMarco LLP, New York, NY, for Amicus Curiae Identity Theft Resource Center and The Federal Law Enforcement Officers Association.

Marc Rotenberg , Alan Butler , David Jacobs , Washington, District of Columbia, for Amicus Curiae Electronic Privacy Information Center.

Ronald I. Raether, Jr. , Faruki Ireland & Cox P.L.L., Dayton, OH, for Amicus Curiae The Coalition for Sensible Public Records Access and The Consumer Data Industry Association.

Judge JACOBS concurs in part and dissents in part in a separate opinion.

CHIN, Circuit Judge:

In 1994, Congress enacted the Driver's Privacy Protection Act (the "DPPA"). As its name suggests, the DPPA, with limited exceptions, protects drivers' privacy by prohibiting state motor vehicle departments and others from disclosing "personal information" drawn from motor vehicle records.

In this case, defendant Aron Leifer, a private citizen, engaged in a verbal altercation with the driver of a motor vehicle. Miffed, he wrote down the...

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