Supreme Court Examines Scope of the 1988 Video Privacy Protection Act

The justices heard oral arguments in *Salazar v. Paramount Global* on Wednesday, focusing on whether the Video Privacy Protection Act of 1988 (VPPA) covers consumers who access video content through a website’s newsletter rather than a dedicated video-service subscription. The case centers on Michael Salazar’s claim that Paramount’s site 247Sports.com disclosed his viewing history to Facebook without his consent, violating the VPPA’s prohibition on sharing “personally identifiable information” and “viewing information” without permission.

Newsweek

Enacted nearly four decades ago after a scandal involving the disclosure of Supreme Court nominee Robert Bork’s rental history, the VPPA was designed to protect consumers’ video-rental data.

Newsweek

Paramount’s counsel, Paul Clement, argued that Salazar does not qualify as a protected consumer because he subscribed only to a newsletter, not to a standalone video service. He offered hypotheticals—e.g., a Chick-fil-A website that streams videos—to illustrate that not every site with video content should be treated as a video-service provider. Chief Justice John Roberts pressed Clement on the relevance of those examples, questioning why the Court should focus on “easy hypotheticals.”

Newsweek

Salazar’s attorney, Joshua Hammack, contended that the VPPA should apply broadly, warning that limiting the definition to “audiovisual” services would undermine Congress’s intent. He noted that other courts have found that a newsletter subscription to a video-service provider does create a “consumer” under the VPPA.

Newsweek

• “You’ve picked some hypotheticals that are particularly helpful for you, Chick-fil-A. You don't think of that if it's anything other than chicken. But there are a lot of stores that sell a lot of different things, including the type of videos that we're talking about. So I don't know why we should focus just on the easy hypotheticals,” — Justice John Roberts, chief

Newsweek

The Court’s forthcoming ruling—expected by the end of its current term, no later than June 2027—could reshape digital-privacy litigation by clarifying whether modern content platforms fall within the VPPA’s reach. A broad interpretation may extend privacy protections to users of hybrid services, while a narrow reading could limit recourse for individuals whose viewing data is shared without consent. The decision will likely influence how tech companies structure user agreements and data-sharing practices across the United States.

Newsweek