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The U.S. Supreme Court is currently examining a challenge to the Video Privacy Protection Act (VPPA) of 1988, a law originally designed to protect video rental records. The case, Salazar v. Paramount Global, questions whether the VPPA applies to all of a company's online products or only its audiovisual ones. According to The Hill, the justices heard arguments on Wednesday (October 14) regarding this issue.
The case stems from a class-action lawsuit filed by Michael Salazar, a subscriber to a newsletter from 247Sports.com, a Paramount Global-owned sports website. Salazar claims that Paramount violated the VPPA by using a Facebook tracking pixel to share his video viewing history without consent. Salazar's lawyer, Joshua Hammack, argued that these disclosures occur frequently and without consumer consent.
The VPPA makes a "video tape service provider" liable for damages if it discloses a consumer's personally identifiable information without written consent. The law was enacted after the leak of Judge Robert Bork's video rental history during his Supreme Court nomination process.
A federal judge in Tennessee dismissed Salazar's case, ruling that he was not a "consumer" under the VPPA because the newsletter was not audiovisual material. The 6th U.S. Circuit Court of Appeals upheld this decision. Salazar appealed to the Supreme Court, seeking clarity on the definition of "consumer" within the VPPA.
Paramount argues that Salazar does not qualify as a consumer because he did not purchase any video content. NewsNation reports that Paramount's lawyer, Paul Clement, warned that a broad interpretation of the VPPA could lead to excessive litigation.
The justices are considering whether the VPPA's protections extend beyond traditional video rental services to include modern digital tracking practices. A decision is expected by next summer.