What is the Video Protection Act and how might the decision in the Spokeo case apply to the Video Privacy Protection Act (VPPA)?
What will be an ideal response?
Congress enacted the VPPA after Supreme Court nominee Robert Bork’s video rental records were disclosed to the media during his confirmation hearing in 1987. The law prevents video service providers from knowingly disclosing a consumer’s personally identifiable information to a third party (with a few exceptions). While at the time of its enactment the VPPA was meant to only apply to physical video rentals, a federal court in California applied the law to streaming websites and mobile applications because they were sharing personally identifiable information to third-party advertisers and data brokers. The distinction between a subscriber and a consumer of free content, whether from an online video streaming website or other content from a free mobile application, is at the core of whether courts believe the data privacy protections from the VPPA should be extended. If privacy protections are extended, then Spokeo holds that a plaintiff must demonstrate concrete harm if he or she wants to recover damages under the VPPA, assuming his or her privacy was violated under the provisions of the VPPA.
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