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The courtвЂ™s interpretation excludes a significant segment of consumers from the VPPAвЂ™s protections, allowing these protections to be evaded too easily by content providersВ - consequences directly at odds with the VPPAвЂ™s purpose of protecting personal privacy. This analysis, necessitated by neither precedent nor logic, does not articulate any sensible distinction between such behavior and installing an application. The courtвЂ™s interpretation of вЂњsubscriberвЂќ limits the scope of whom the VPPAвЂ™s protections apply to by focusing on formal indicia of вЂњcommitmentвЂќ such as logging in, registering, or paying for an application.

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the Eleventh Circuit held that a person who downloads and uses a free mobile application on their smartphone is not a вЂњsubscriberвЂќ under the VPPA, and is therefore beyond the ActвЂ™s protections. A number of cases have applied the VPPA to online video streaming. The VPPAвЂ™s extension to modern online video streaming stems from its definition of вЂњvideo tape service provider,вЂќ which includes вЂњany person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made.вЂќ 18 U.S.C. The VPPA, originally aimed at traditional brick-and-mortar video rental stores such as Blockbuster, has seen a newfound applicability in the modern era of streaming video and вЂњbig dataвЂќ analytics. Circuit Judge Robert BorkвЂ™s video rental history during his Supreme Court confirmation hearings. was enacted in 1988 by Congress in reaction to a newspaper publishing thenвЂ“D.C. (VPPA), which prevents вЂњrongful disclosure of video tape rental or sale records,вЂќ 2 Г— 2.

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