PRESS RELEASE: EPIC Files Amicus Brief Urging SCOTUS to Prioritize Consumers in Video Privacy Protection Act Case 

Washington, D.C. — On Friday, EPIC and a group of technical experts and legal scholars filed an amicus brief in the U.S. Supreme Court supporting the petitioner in Salazar v. Paramount Global. This case concerns the Video Privacy Protection Act (VPPA), and EPIC argues that the law should protect subscribers of a media website and prohibit companies from sending their video-viewing data to Meta and other third parties without their consent. 

In September 2022, Michael Salazar filed a class action lawsuit against Paramount Global, alleging that Paramount illegally collected his data and sent it to Meta without his consent when he watched videos on Paramount’s 247Sports.com website. Paramount moved to dismiss Salazar’s claim by arguing that the VPPA did not apply because he did not meet its definition of a “consumer,” even though he had subscribed to 247Sports.com’s newsletter and created the digital account on its website. 

The VPPA defines a consumer as “any renter, purchaser, or subscriber of goods or services from a video tape service provider.” Yet Paramount argued that the VPPA’s consumer definition should be read more narrowly to require that the individual subscribe to audiovisual goods or services specifically. 

While both the Second and Seventh Circuits rejected this argument, the district court and, on appeal, the Sixth Circuit adopted Paramount’s definition. Salazar appealed to the Supreme Court, which has agreed to hear the case during its next term to resolve the circuit split. 

Tech companies that sell consumers’ data have repeatedly pushed for a narrow interpretation of the VPPA like the one Paramount has put forth, a transparent attempt to roll back consumer privacy protections. 

EPIC’s brief urged SCOTUS to vacate the appeals court’s decision, emphasizing that the growth of streaming services and increasing ubiquity of online tracking technologies have made the VPPA’s protections more critical than ever. 

Alan Butler, EPIC Executive Director and President:
“The right to watch videos without fear that your viewing habits will be tracked, sold, or handed over to a data broker is exactly what the VPPA was designed to protect. That right belongs to every consumer, regardless of whether they have specifically purchased or subscribed to video services. Our brief argues that the Supreme Court should interpret the law based on its natural and plain meaning and protect the privacy of Americans’ video-viewing data as Congress intended.”  

John Davisson, EPIC Deputy Director and Director of Enforcement: 
“Despite what Paramount might have you believe, there is nothing about the internet or digital advertising that requires a company to secretly hand your video viewing data to Meta. Companies have plenty of ways to advertise effectively without violating consumers’ privacy, but if they want to disclose your data, they need your express consent first. That modest burden is exactly what Congress intended, yet Paramount still thinks that’s too much to ask. We hope the Court will apply the VPPA faithfully and reject Paramount’s attempt to let itself off the hook.” 

Please contact [email protected] with requests for further comment.  

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ABOUT EPIC

The Electronic Privacy Information Center (EPIC) was established in 1994 to protect privacy, freedom of expression, and democratic values in the information age. Our mission is to secure the fundamental right to privacy in the digital age for all people through advocacy, research, and litigation.

EPIC has long worked to draw attention to the serious and ongoing risks of AI, including through reports, model bills on chatbots, state testimony, and more. Our work on AI is people- and privacy-centered, pushing for responsible AI use and development.