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Video Privacy Law and Online Services
The Video Privacy Protection Act (VPPA), passed by Congress in 1988, has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet. The VPPA, which generally prohibits video service providers from releasing personally identifiable information (PII) without written consent, has become a relevant concern for modern media providers because such services are now typically linked to social media sites that allow users to share viewing habits, something that was not possible 20 years ago.
The VPPA, 18 U.S.C. '2710, http://1.usa.gov/Woigzh, prohibits video tape service providers from knowingly disclosing PII concerning any consumer to any person. The impetus for the Act occurred when a reporter obtained a list of videotapes that the late U.S. Supreme Court nominee Judge Robert Bork rented from his local video store. Specifically, the Act prohibits a “video tape service provider” from:
- Knowingly disclosing to any person;
- Personally identifiable information (PII) concerning any consumer of such provider;
- Except for certain disclosures ' such as to the consumer or law enforcement, or for disclosures “incident to the ordinary course of business” of the video tape service provider, defined as “debt collection activities, order fulfillment, request processing, and the transfer of ownership.”
18 U.S.C. '2710(a)(4).
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.