In my previous post, I discussed legislation that would allow Netflix to create a Facebook app that would (with your permission) publish your viewing history in your news feed. The legislation was responding to the Video Privacy Protection Act, which was passed in the wake of Robert Bork’s contentious Supreme Court nomination fight, prohibited video rental companies from publishing this information without the written permission of the customer.
But in a new wrinkle, the House version of this bill, sponsored by Virginia Republican, Bob Goodlatte, not only allows Netflix users to automatically share what they watch but also enables law enforcement officials to read individuals’ emails (or any other information based in the computing cloud, such as private social media postings) without obtaining a search warrant. There are some aspects of the bill that seem quite positive–Netflix and other services would be required to provide “clear and conspicuous” ways for users to opt out of sharing–but the loss of protections against private online communication is a big concern.
The Senate version of this bill includes those protections, but the ACLU (among other groups) has expressed concern about the risks to individual privacy when it comes to electronic communication. The Senate bill would already create tremendous value for Netflix and Facebook, who could obtain even more personal data about their customers (and I would likely opt out of any automated sharing, if only to avoid spamming my friends’ news feeds), but the House version of the bill erodes privacy rights considerably further.