A recent case from the District of Massachusetts, Yershov v. Gannett Satellite Information Network, suggests a broadening of the view of subscriber privacy in the context of the delivery of video content over online platforms.1 The Video Privacy Protection Act (VPPA) is the federal statute that governs the sharing of personally identifiable information (PII) in this context.2 Providers of online video need to understand the implications of the VPPA, and the associated case law, in order to conduct their businesses in a compliant manner. Providers that may be impacted include not only businesses that deliver video as part of their core services (e.g. Hulu, Netflix, etc.), but also publishers, social media platforms, and blogs, to the extent that they provide video content as part of a broader array of media offerings.
Digital technologies have dramatically changed the way we consume video content. But while we watch, we are being watched. Data collection and analytics have become integral parts of online video delivery business models. Ironically, while the technology allowing digital access to video has developed rapidly over the past few years, the law addressing the privacy of the information collected through these new technologies—the VPPA—has not. It is, in most part, unchanged from its enactment in 1988—when we were still largely living in an analog world.
