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The Video Privacy Protection Act and Consumer Data: Are You Plugged In?

Lucas Urgoiti

Vol. 53

January 2020

Page 1689

This Note analyzes how judicial interpretation of the knowledge element of the Video Privacy Protection Act of 1988 has incorrectly made the statute inapplicable to digital media and, as a result, failed to provide adequate privacy protection for consumers’ online video viewing histories. Specifically, courts have analyzed the knowledge requirement without appropriate consideration of the technology underlying the delivery of digital media. This Note argues that courts should construe an internet platform’s use of social plugins as actual knowledge of the disclosure of personally identifiable information under the VPPA.

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