Video Privacy Protection Act, wrongful disclosure of video viewing records (18 U.S.C. 2710(a)(3), (b)(1), (b)(2)(B)(i), (c)(2)(A))
A business that rents, sells or delivers prerecorded video (courts have applied this to streaming services) may not disclose which videos an identifiable customer watched unless the customer gave informed written consent in a separate form. Licensing identifiable viewing histories for AI training without it exposes the seller to liquidated damages of at least $2,500 per person.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“the term “personally identifiable information” includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; ... A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d). ... (B) to any person with the informed, written consent (including through an electronic means using the Internet) of the consumer that ... (i) is in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer; ... actual damages but not less than liquidated damages in an amount of $2,500;”
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