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Isn't there some way these TVs are violating the Video Privacy Protection Act? https://en.wikipedia.org/wiki/Video_Privacy_Protection_Act https://en.wikipedia.
by greggman2 7y ago
Isn't there some way these TVs are violating the Video Privacy Protection Act?
https://en.wikipedia.org/wiki/Video_Privacy_Protection_Act https://en.wikipedia.org/wiki/Video_Privacy_Protection_Act
Even the amendment in 2012 seems to make it only legal to add a function "share" functoin for a user to post what they watched on a service. It does not seem to make it possible to just share all viewing info. It also does not make it possible to just add it to a EULA or TOS.
- buckminster 7y ago> In 2015, a federal appeals court in Atlanta found that those protections do not reach the users of a free Android app, even when the app assigns each user a unique identification number and shares user behavior with a third-party data analytics company. So the TV company would probably argue that it's not a violation if they don't know your real identity. Even though they share the data with an analytics company that does. But the only way to really answer the question is to litigate.
- Mathnerd314 7y agoThe main issue in the 2015 case was that the app was free and therefore the users weren't "subscribers" by the court's narrow interpretation. See the discussion near 103: https://harvardlawreview.org/2018/04/the-video-privacy-protection-act-as-a-model-intellectual-privacy-statute/ https://harvardlawreview.org/2018/04/the-video-privacy-prote... They mention a later 2016 decision where free mobile app users were considered subscribers. Typically circuit splits end up in the Supreme Court sooner or later. So if it does come up it'll be some pretty expensive litigation.