Are Video Privacy Laws Obsolete? Courts Reexamine the VPPA for the Digital Age

The Video Privacy Protection Act (VPPA) of 1988, initially established to restrict the “wrongful disclosure” of consumer information from video rental records, is encountering renewed scrutiny in the modern era of digital streaming. Recent decisions from the Seventh and Ninth Circuit Courts have tightened the act’s reach, illustrating the challenges courts face in applying the VPPA’s original terminology to today’s digital landscape. As highlighted in the ruling by Ninth Circuit Judge M. Margaret McKeown in Osheske v. Silver Cinemas Acquisition Co., the VPPA’s terms like “video tape service provider” are being re-evaluated to align with modern, digital content consumption. While the statute’s origins relate to events from the 1980s, including President Reagan’s contested nomination of Judge Robert Bork, its application impacts a host of contemporary litigation involving online streaming and personal data privacy.