Sen. Patrick Leahy, D-Vt., doesn’t pull punches in expressing reservations about the
Netflix-backed push to amend the Video Privacy Protection Act. The VPPA prohibits sharing of consumers’ video-rental information without explicit consent, something that has kept Netflix from taking advantage of its ties with
Facebook — where, for better or for worse, many users share what music they’re listening to, what news articles they’re reading and much more. CEO
Reed Hastings last year cited the 1980s-era law when he announced streaming integration on Facebook in every other country Netflix is available except the United States. (See
Tech’s quotable week…) The sticking point Tuesday during the hearing on Capitol Hill before the Senate Judiciary subcommittee on Privacy, Technology and the Law (the House passed the amendment in December): The amendment would allow Netflix and others to use a blanket opt-in system. Privacy advocates and skeptical senators asked why Netflix couldn’t allow people to share their viewing habits
on a title-by-title basis. Said EPIC’s Marc Rotenberg, who testified Tuesday, according to the Hillicon Valley blog: “Consumers likely do not plan movie choices months in advance, and likely will not recall that their consent to share their innocuous children’s movie selection will also apply to their more provocative selections.” The Electronic Privacy Protection Center is
recommending, among other things, that the law be updated to allow consumers to see the video-rental information being collected about them, and that companies be required to encrypt that data.