Netflix to testify on video rental privacy law

Netflix will testify on a law prevents it from sharing information on users' video rental history at a hearing next Tuesday in front of the Senate Judiciary Committee's subcommitee on Technology, Privacy and the Law.

Subpanel Chairman Al Franken (D-Minn.) released a witness list Wednesday for the hearing on the Video Privacy Protection Act (VPPA) that includes Netflix general counsel David Hyman, University of Minnesota Law School Professor William McGeveran and Electronic Privacy Information Center Executive Director Marc Rotenberg.

The VPPA was passed in 1988 after the Washington City Paper published a list of recent video rentals by Supreme Court nominee Robert Bork during his contentious nomination process. The law bans sharing of rental information without written consent by the consumer or a warrant from law enforcement.

The VPPA has since drawn opposition from Netflix, which claims the law prevents even the voluntary sharing of information on customer viewing habits via social networks. The widespread adoption of social media has resulted in users increasingly relying on the media recommendations of their networks.

An amendment to the law backed by Netflix passed the House Judiciary Committee subcommittee on Intellectual Property in December; the amendment would allow rental companies to share information on what movies users watch or recommend on sites like Facebook.

At the time, IP subpanel Chairman Bob Goodlatte (R-Va.) said the bill reflects the reality of the current video market by allowing video providers to share information on consumers' viewing habits if they so choose. 

Firms would still need consumer's consent before sharing any information on their viewing preferences, but users would be able to provide and withdraw consent to the ongoing sharing of their favorite movies or TV shows on Web, without having to do so every time they rent a movie.

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