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Perhaps there were nefarious purposes behind that lobbying. But the stated purpose was more benign: they couldn't add "share" buttons that would let you one-cl

Perhaps there were nefarious purposes behind that lobbying. But the stated purpose was more benign: they couldn't add "share" buttons that would let you one-click-post "I'm watching House of Cards on Netflix" because they were supposed to have written consent to release that information. I am OK with Netflix getting permission to build useful features. And I am absolutely OK with Netflix using my anonymized viewing data to, for example, build better content predictors to make my experience with their service better. The law protected judges with sketchy video rentals from nosy journalists. It has almost nothing to do with protecting Netflix viewers from ISP and government surveillance. This measure deals with the latter.

CaptSpify 10y ago
You may be OK with them using that data, but not everyone is. I don't really see a downside to it being optional for the consumer.
- LeifCarrotson 10y ago
  The law said that even "Optional" meant they needed individual written permission. As I recall, they interpreted that to mean a check box or button click was insufficient. A potential downside is that my predictions are less effective because I don't get to find that because you and I both liked Monk and Pink Panther, I would probably also like Psych, or another show you liked. If this required mailing in a letter to Netflix so they could use your data, it would never work. I would be fine with it being opt-out, or even opt-in. I would be curious what the response would be if you had to opt in to get useful recommendations.
pc86 10y ago
Playing devil's advocate but couldn't that written consent easily be included in the TOS/TOU? Not sure why they would need a legislative exemption.
- samplonius 10y ago
  Please laws over ride TOS? Can you add a item to the ToS that says: Vendor is allowed to kill customer at any time during contract term? Maybe that is a bad example, since assisted suicide is basically that.
- cpmsmith 10y ago
  TOS agreements are looking pretty shaky in terms of enforceability lately, so if I were them I wouldn't want to rely on that alone.

CaptSpify 10y ago

You may be OK with them using that data, but not everyone is. I don't really see a downside to it being optional for the consumer.

LeifCarrotson 10y ago
The law said that even "Optional" meant they needed individual written permission. As I recall, they interpreted that to mean a check box or button click was insufficient. A potential downside is that my predictions are less effective because I don't get to find that because you and I both liked Monk and Pink Panther, I would probably also like Psych, or another show you liked. If this required mailing in a letter to Netflix so they could use your data, it would never work. I would be fine with it being opt-out, or even opt-in. I would be curious what the response would be if you had to opt in to get useful recommendations.

pc86 10y ago

Playing devil's advocate but couldn't that written consent easily be included in the TOS/TOU? Not sure why they would need a legislative exemption.

samplonius 10y ago
Please laws over ride TOS? Can you add a item to the ToS that says: Vendor is allowed to kill customer at any time during contract term? Maybe that is a bad example, since assisted suicide is basically that.
cpmsmith 10y ago
TOS agreements are looking pretty shaky in terms of enforceability lately, so if I were them I wouldn't want to rely on that alone.