How Washington’s last remaining video rental store changed the course of privacy law

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After 33 years, Potomac Video is closing its doors. It was the last remaining brick-and-mortar video rental store in the District -- where big chains and local entries alike have disappeared since the dawn of the streaming era -- and one of the first when it opened in 1981.

But even as the local retail chain lets loose its dying moan, Potomac Video can still claim credit for changing the face of consumer privacy thanks to its role in the creation of the Video Privacy Protection Act, or VPPA.

Flash forward 20 years: that same legislation became a thorn in the side of the video rental industry as it shifted online. In 2008, the now-all-but-dead Blockbuster faced a class action suit alleging that it shared rental information with Facebook's online advertising project Beacon. Netflix, too, faced a suit in 2009 about its release of "anonymized" customer data as part of a context for improving its recommendation engine that may not have been quite so anonymous.

Netflix was so wary of being on the wrong side of the law that it excluded the United States when it first rolled out Facebook sharing in 2011 -- and urged users to lobby their legislators about changing the law. The streaming video did, ultimately, win that battle: The law was amended in early 2013, and Netflix extended Facebook sharing to US users in March 2013.

But even with the changes, the VPPA continues to provide consumers some leeway to keep their video-viewing habits private. Hulu, for instance, is embroiled in a years-long class action suit related to alleged violations.


How Washington’s last remaining video rental store changed the course of privacy law