Blockbuster-era law governing privacy of video rentals gets a fresh look from the Supreme Court

The United States Supreme Court is currently re-examining the Video Privacy Protection Act of 1988, a federal law originally enacted to safeguard the personal rental records of consumers. The legislation was prompted by the public disclosure of Supreme Court nominee Robert Bork’s movie rental history during his 1987 Senate confirmation hearings, an event that highlighted concerns regarding individual privacy in the era of physical video rentals.

Nearly four decades after its inception, the law is being reviewed to determine its application and relevance in the modern digital landscape. The court's current consideration of the statute marks a significant revisit to privacy protections that were established during the height of the home video rental market.