The Supreme Court is taking up a case on whether Paramount violated the 1988 Video Privacy Protection Act (VPPA) by disclosing a user’s viewing history to Facebook. The case, Michael Salazar v. Paramount Global, hinges on the law’s definition of the word “consumer.”
Salazar filed a class action against Paramount in 2022, alleging that it “violated the VPPA by disclosing his personally identifiable information to Facebook without consent,” Salazar’s petition to the Supreme Court said. Salazar had signed up for an online newsletter through 247Sports.com, a site owned by Paramount, and had to provide his email address in the process. Salazar then used 247Sports.com to view videos while logged in to his Facebook account.
“As a result, Paramount disclosed his personally identifiable information—including his Facebook ID and which videos he watched—to Facebook,” the petition said. “The disclosures occurred automatically because of the Facebook Pixel Paramount installed on its website. Facebook and Paramount then used this information to create and display targeted advertising, which increased their revenues.”
The 1988 law defines consumer as “any renter, purchaser, or subscriber of goods or services from a video tape service provider.” The phrase “video tape service provider” is defined to include providers of “prerecorded video cassette tapes or similar audio visual materials,” and thus arguably applies to more than just sellers of tapes.
The legal question for the Supreme Court “is whether the phrase ‘goods or services from a video tape service provider,’ as used in the VPPA’s definition of ‘consumer,’ refers to all of a video tape service provider’s goods or services or only to its audiovisual goods or services,” Salazar’s petition said. The Supreme Court granted his petition to hear the case in a list of orders released yesterday.
Source: arstechnica.com
