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Supreme Court weighs scope of 1980s video privacy law in internet newsletter age

Justices weighed whether the 1988 law covers free newsletter subscribers after Paramount disclosed video-viewing data to Facebook, with $250 million in damages at stake.

  • On Wednesday, the Supreme Court heard oral arguments in Salazar v. Paramount Global, examining whether the 1988 Video Privacy Protection Act applies to digital tracking tools used by modern media companies.
  • Congress enacted the Video Privacy Protection Act in 1988 after Supreme Court nominee Robert Bork's rental history leaked to the press. Salazar alleges Paramount violated this law by sharing his Facebook ID and video-watching history with Facebook without consent.
  • At issue is whether Salazar qualifies as a 'consumer' under the statute. Paramount argues the law covers only those purchasing audiovisual materials, while Salazar contends it broadly protects anyone subscribing to any service from a video provider.
  • During arguments, Justice Elana Kagan stressed companies could easily obtain consent or use paywalls. Paramount lawyer Paul Clement countered that broad interpretations would create "unworkable" liabilities for routine digital business practices.
  • A ruling expected by next summer could resolve a circuit split over the law's scope. The outcome may reshape how companies use tracking technologies for targeted advertising, potentially exposing businesses to significant liability.
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Center

The decision of the nine judges, six conservatives and three progressives, could significantly affect the economic model of targeted advertising adopted by many online companies. At the origin of the 1988 VPPA Act, the misadventure of Conservative judge Robert Bork, an unfortunate candidate presented by Republican president Ronald Reagan to sit on the Supreme Court. Nothing particularly crispy was included in the list of VHS cassettes rented by …

·Issy-les-Moulineaux, France
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The Toronto StarThe Toronto Star
+53 Reposted by 53 other sources
Lean Left

Blockbuster-era law governing privacy of video rentals gets a fresh look from the Supreme Court

WASHINGTON (AP) — In 1988, Congress enacted a law to protect the privacy of video rentals after a journalist published details of Supreme Court nominee Robert Bork’s movie rental history

·Toronto, Canada
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SCOTUSblog broke the news in Washington, United States on Monday, October 12, 2026.
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