The US government has not budged on this stance since, supporting a lawsuit filed in 2022 by Patreon users who claimed that while no harms were caused, damages are owed after Patreon allegedly violated the VPPA by sharing data on videos they watched on the platform with Facebook through Meta Pixel without users' written consent. The report revealed that Bork apparently liked spy thrillers and British costume dramas and suggested that maybe the judge had a family member who dug John Hughes movies.Īlthough the videos that Bork rented "revealed nothing particularly salacious" about the judge, the intent of reporting the "Bork Tapes" was to confront the judge "with his own vulnerability to privacy harms" during a time when the Supreme Court nominee had "criticized the constitutional right to privacy" as “a loose canon in the law,” Harvard Law Review noted.Įven though no harm was caused by sharing the "Bork Tapes," policymakers on both sides of the aisle agreed that First Amendment protections ought to safeguard the privacy of people's viewing habits, or else risk chilling their speech by altering their viewing habits. The VPPA was passed in 1988 in response to backlash over a reporter sharing the video store rental history of a judge, Robert Bork, who had been nominated to the Supreme Court by Ronald Reagan. At a minimum, the VPPA requires written consent each time a business wants to share this sensitive video data-including the title, description, and, in most cases, the subject matter. The Video Privacy Protection Act (VPPA) blocks businesses from sharing data with third parties on customers' video purchases and rentals. Patreon, a monetization platform for content creators, has asked a federal judge to deem unconstitutional a rarely invoked law that some privacy advocates consider one of the nation's "strongest protections of consumer privacy against a specific form of data collection." Such a ruling would end decades that the US spent carefully shielding the privacy of millions of Americans' personal video viewing habits.
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