Statement of Judiciary Committee Chairman Lamar Smith Full Committee Markup of H.R. 2471, to amend section 2710 of title 18, United States Code, to clarify that a video tape service provider may obtain a consumer's informed, written consent on an ongoing basis and that consent may be obtained through the Internet.

Statement of Judiciary Committee Chairman Lamar Smith
Full Committee Markup of
H.R. 2471, to amend section 2710 of title 18, United States Code, to clarify that a video tape service provider may obtain a consumer's informed, written consent on an ongoing basis and that consent may be obtained through the Internet.

Chairman Smith: In 1988, the Internet was still in its infancy, cellular phones could only be used to make phone calls, and VHS videotapes of movies had to be purchased or rented from a video store. 
Also in 1988, Congress enacted the Video Privacy Protection Act to limit video service providers from disclosing personal information about their customers.

A lot has changed in 23 years.  Today, VHS videos are obsolete.  So too are video rental stores.  Customers today can purchase DVDs or Blue-Ray movies from numerous websites and even stream movies from the Internet directly to their TV, laptop, or even their cell phone.

In 1988, if a person wanted to tell their friends what movies they like or don’t like, they would pick up the phone.  Today, they post it on their Facebook page. 

This transformation in how we watch movies or TV shows and how we talk about them has surpassed our expectations.  It has also made the Video Privacy Protection Act outdated.  While technology has continued to be updated, our information sharing laws have hit an expiration date.

H.R. 2471 amends the Act to facilitate information sharing – with consumers’ consent – with these modern-day technologies.  The bill simply allows for consumers to provide their informed, written consent once prior to the disclosure of their information rather than repeatedly being required to “opt-in” to each disclosure.