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Senators, witnesses slam amendment to video privacy law

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"Netflix supports an opt-in regime for movie title sharing and believes this approach is workable and consistent with our member's expectations and desires," said Netflix general counsel David Hyman in his prepared remarks.

But according to several lawmakers and Rotenberg, replacing the case-by-case consent system with an opt-in would severely undermine the law's privacy protections.

"It's a really good thing that people can easily tell their video company — 'sure, go ahead and tell people I watched 'The Godfather,' but no, don’t tell them I watched, 'Yoga for Health: Depression and Gastrointestinal Problems,' ” said subpanel Chairman Al FrankenAlan (Al) Stuart FrankenOvernight Finance: Senators near two-year budget deal | Trump would 'love to see a shutdown' over immigration | Dow closes nearly 600 points higher after volatile day | Trade deficit at highest level since 2008 | Pawlenty leaving Wall Street group Pawlenty departing Wall Street group as campaign rumors swirl Bachmann won't run for Franken's Senate seat because she did not hear a 'call from God' MORE (D-Minn.), referring to two films from the actual Netflix catalog.

"Consumers acquiescing to a one-time blanket consent to cover future video choices is not meaningful consent," added Rotenberg.

"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."

Senate Judiciary Chairman Patrick LeahyPatrick Joseph LeahyCoalition of 44 groups calls for passage of drug pricing bill A pro-science approach to Yucca Mountain appropriations Senate Dems: Trump making negotiations 'impossible' MORE (D-Vt.) also expressed concern about H.R. 2471: Leahy and ranking member Chuck GrassleyCharles (Chuck) Ernest GrassleyOvernight Cybersecurity: Tillerson proposes new cyber bureau at State | Senate bill would clarify cross-border data rules | Uber exec says 'no justification' for covering up breach Overnight Finance: Senators near two-year budget deal | Trump would 'love to see a shutdown' over immigration | Dow closes nearly 600 points higher after volatile day | Trade deficit at highest level since 2008 | Pawlenty leaving Wall Street group Grassley to Sessions: Policy for employees does not comply with the law MORE (R-Iowa) sponsored the VPPA in 1988 after Supreme Court nominee Robert Bork's rental history was published by the Washington City Paper.

"I worry that sometimes what is 'simpler' for corporate purposes is not better for consumers," Leahy said.

"I worry about a loss of privacy because of the claimed benefit of 'simplicity.' This claim strikes me like the claim we often hear in large corporate merger proposals about so-called 'efficiencies.' Netflix announced a simpler billing practice a few months ago regarding its various services, and its customers rebelled."