Congress tweaks US video-privacy law so Netflix can get on Facebook

It looks like Netflix will finally manage to get the small change to US privacy law that it's been seeking for nearly two years now. Last night, the Senate passed a reform to the Video Privacy Protection Act, or VPPA, that Netflix says it needs in order to integrate its services with Facebook.
Right now, the VPPA stops anyone's movie-rental history from being disclosed without specific written consent. Netflix expressed to its shareholders back in July 2011 [PDF] that the VPPA made it "ambiguous" how it could get consent from US users to allow a sharing function on Facebook. Given that online privacy has been a growing area of litigation in the past few years, the concern was warranted.
The reform bill that just passed, H.R. 6671, should clear up Netflix's concerns as well as those of other streaming-video providers that want to reach out to your inner over-sharer. It also shows the contours of what a Netflix sharing function, on Facebook or otherwise, might look like. The bill makes clear that: 1) consent for sharing video-watching history can be granted over the Internet; and 2) consent can be given for a whole period of time, up to two years, and doesn't need to be given every time sharing happens. It also specifies that the disclosure has to be in a "distinct" form. In other words, don't put it in the fine print. Consumers will be allowed to withdraw consent for sharing when they want to, on a case-by-case basis, or altogether.
Sen. Patrick Leahy (D-Vermont) originally attached VPPA reform to a much larger bill that would force law enforcement to get warrants before snooping on e-mail, a change to the Electronic Communications Privacy Act long sought by privacy advocates. However, the video-rental-privacy part, which is relatively non-controversial, was stripped out of the ECPA bill so that it could be passed quickly according to Politico's Morning Tech (no link available).
The VPPA is something of an oddity in US law. It was passed after the 1988 US Senate debate over the confirmation of Robert Bork to the Supreme Court. Bork, who failed to get Senate approval to join the high court, passed away earlier this week.
During the hearings, a reporter from Washington DC's alt-weekly City Paper acquired the nominee's video-rental history from Bork's local video store, and published a story based on his selections.
Bork's movie-watching predilections were completely unremarkable. They included 12 Alfred Hitchcock flicks; solid Americana like On the Town, The Wild Bunch, and The Right Stuff; and British costume dramas such as The Private Life of Henry the Eighth.
The story got Congress' attention, though. It resulted in the passage of the VPPA, one of the most thorough privacy laws passed by the federal government. Violating the VPPA entails penalties of up to $2,500 per offense.
Now that Netflix can be sure it won't run afoul of such penalties, we can all look forward to a Facebook newsfeed full of friends who broadcast every episode of television they watch.