NBA appeals to Supreme Court for clarity on Video Privacy Protection Act
The National Basketball Association (
NBA
) has urged the U.S. Supreme Court to resolve a critical dispute over the Video Privacy Protection Act (VPPA). VPPA is a 1988 law dubbed the Bork Bill after the unauthorized disclosure of Supreme Court nominee Robert Bork's video rental history.
The case originates from a 2022 lawsuit filed by Michael Salazar, who alleges the NBA violated the VPPA by sharing his viewing history on NBA.com with Meta through a Facebook cookie while he was logged into his account.
NBA asks review of Bork Bill and the act's Reach
Salazar, a subscriber to the NBA's free online newsletter, claims he never consented to this data sharing. A district court dismissed his complaint, but the U.S. Court of Appeals for the Second Circuit reinstated it, leading the NBA to seek Supreme Court review.
The VPPA prohibits businesses engaged in the 'rental, sale, or delivery of prerecorded video cassette tapes or similar audiovisual materials' from knowingly disclosing consumer information.
However, a split among federal circuits complicates its application.
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The
NBA
, in a brief authored by Skadden Arps attorneys Shay Dvoretzky, Parker Rider-Longmaid, and Raza Rasheed, warns that the broader interpretation could impose $2,500 per consumer in statutory penalties.
With NBA.com drawing over 80 million monthly visitors, many of whom watch free videos or subscribe to newsletters, such liability could disrupt the ad-driven model that funds free online content, potentially forcing businesses to charge for services previously offered at no cost.
Circuit Split threatens uniformity for consumers and businesses
Salazar argues that by subscribing to the NBA's newsletter—exchanging personal information like his email and IP address—he became a protected consumer under the VPPA, even without subscribing to video-specific services.
He contends the NBA's data sharing with advertisers exceeded the scope of his consent.
The NBA's petition highlights the urgent need to resolve the circuit split to ensure consistent legal standards across the U.S. Without Supreme Court intervention or Congressional action, the VPPA's applicability varies by region, creating uncertainty for consumers, businesses, and content providers.
The broader interpretation could lead to billions in liability for the NBA and similar entities, potentially reshaping the internet's free-access landscape. The issue extends beyond the NBA, with sports organizations like the PGA Tour,
NFL
, Learfield, Bleacher Report, and others facing VPPA lawsuits. The NBA argues that the Supreme Court must clarify the law to prevent inconsistent rulings that hinge on where cases are filed, ensuring equitable protection for consumers and predictability for businesses.
Also read:
https://timesofindia.indiatimes.com/sports/nba/top-stories/nba-trade-rumors-golden-state-warriors-might-sign-48-million-ex-milwaukee-bucks-star-to-bolster-roster-and-improve-stephen-currys-championship-odds/articleshow/122804278.cms
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