Wednesday, May 23, 2012

Calling Robert Bork

October 13, 2011 | 4:34 PM

Three decades after Congress passed a law to protect the privacy of Americans' video rental history, the House Judiciary Committee approved legislation Thursday that would not only loosen the bill's restrictions but also help Netflix in its Facebook integration effort.

The bill, H.R. 2471, would amend the 1988 Video Privacy Protection Act, which was passed after failed Supreme Court nominee Robert Bork's video rental history was leaked to a newspaper. The law currently bars disclosure of a user's video rental records without written permission. The proposed update, sponsored by Rep. Bob Goodlatte, R-Va., would allow consumers to give their consent to the sharing of their video rental records only once instead of each time it is shared.

Goodlatte said the measure is aimed at updating the law to reflect the new ways people watch videos and share information about movies and programs they like and dislike. "It is narrowly crafted to preserve the VPPA's protections for consumers' privacy while modernizing the law to empower consumers to do more with their video consumption preferences, including sharing names of new or favorite TV shows or movies on social media in a simple way," Goodlatte said when the bill was introduced in July.

The bill would help Netflix in particular and its effort to allow its users to connect their Netflix accounts to Facebook so they can share with their Facebook friends what they are watching on the video service.

When it announced it was launching the service in September, Netflix said it was only rolling it out in Canada and Latin America because the 1988 video privacy law barred it from introducing the service in the United States. Netflix said it was hoping Congress would fix the problem. "The good news, however, is that some forward-thinking members of Congress have introduced legislation, H.R. 2471, that would allow you to make this choice," Michael Drobac, Netflix's director of government relations wrote in a blog post.

Coincidentally, two of Drobac's three campaign contributions this year went to Goodlatte and one of the bill's original cosponsors, Rep. Linda Sanchez, D-Calif., each of whom got $1,000 from Netflix' top Washington representative.

Goodlatte's spokeswoman said that the bill is not necessarily aimed at helping Netflix. "It benefits any consumer who wishes to share their movie watching experiences with those who are part of their online social network," she said in an e-mail response. "While the Netflix/Facebook integration is the one that is often mentioned because it has already occurred in Canada and Latin America, this legislation will open the doors to numerous video retailers and social networking websites."

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Juliana Gruenwald

Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Adam Mazmanian

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Adam Mazmanian reports on technology for National Journal. He comes to NJ from SmartBrief, where he was a senior editor on the advertising, media and digital beats. Before moving to Washington, D.C., he worked as worked in New York City as an editor at AOL, About.com and the alternative newsweekly New York Press. He’s contributed book reviews, pop music criticism and film writing to Washington City Paper, the Washington Times, the Washington Post, Newsday, Architect Magazine and elsewhere. He lives in the Petworth neighborhood of Washington, D.C. with his wife and son.


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Josh Smith

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.