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Woman Sues Blockbuster for Facebook Privacy Violations

Chris Blanc writes "A Texas woman has sued Blockbuster over its activities relating to Facebook's Beacon tool. The movie rental service has been reporting user activity to Facebook since Beacon launched last November, which the plaintiff says is a violation of the Video Privacy Protection Act."

14 of 133 comments (clear)

  1. 'A Texas Woman'? by Skyshadow · · Score: 4, Funny

    We need more info -- can someone please post her name, address, phone number and video rental preferences?

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    1. Re:'A Texas Woman'? by Anonymous Coward · · Score: 5, Funny

      I believe her name is Debbie, and she's from Dallas. Google should get you the rest.

  2. More and more problems by jmpeax · · Score: 5, Insightful

    Social networking sites, and Facebook in particular, seem to be increasingly undesirable.

    Apart from not wanting people such as potential employers to gain access to profiles that are by default made openly accessible, security vulnerabilities are particularly worrying, given the fact that social networking accounts often contain detailed personal information in context (i.e. not just a name, but a name connected to a university, email account, other people, images etc.) Add to that advertising schemes that intentionally deliver users' data to third-parties, and you have a dangerous mix, especially considering the average user's lack of awareness regarding safe-guarding personal data.

    1. Re:More and more problems by Jeff+DeMaagd · · Score: 4, Insightful

      I saw this in part when adding an app means that the app has access to all your profile information. It's either all or nothing, no way to add restrictions.

      OK, Facebook has access to my information, but I don't see why third party developers have to have it. I also don't put much information on there. I just have to assume that any information in my profile is going to be available to anyone, even if I put up restrictions and limitations, so I'm careful what I put up there.

  3. Blockbuster makes you waive that by Animats · · Score: 5, Informative

    Blockbuster's user agreement includes a wavier of your rights under the Video Privacy Protection Act. That's why I don't shop there.

    1. Re:Blockbuster makes you waive that by ark1 · · Score: 5, Informative

      Just beacause it is in the contract does not mean it is legal.

    2. Re:Blockbuster makes you waive that by Anonymous Coward · · Score: 5, Interesting


      Blockbuster's user agreement includes a wavier of your rights under the Video Privacy Protection Act. That's why I don't shop there.

      not sure how it works in the U.S.A, but here in New Zealand, you *cannot* contract yourself out of the law. e.g: if an employment contract you sign states you waive the right to opt out of working on public holidays, that clause does not apply. Surely you'd have something similar in the states?

    3. Re:Blockbuster makes you waive that by TheRedSeven · · Score: 5, Informative
      Parent is not correct, at least according to the website:

      From the privacy policy

      Legal Notices--Video Privacy Protection Act of 1988. Blockbuster supports the Video Privacy Protection Act of 1988 and will use reasonable commercial efforts to require employee and business partner compliance with the Act.
      Now, that's pretty vague, but if you take it at face value (HAH!), it would imply that they don't have you waive your rights under this law.

      However, they do have some pretty crappy privacy when it comes to any comments you post to their website (ratings and such): From the TOS:

      Content submitted to blockbuster.com (including your name) will not be confidential and may be published or disclosed in Blockbuster's sole discretion, without any compensation to you.

      By submitting Content, you grant Blockbuster the right to use your submitted name in connection with your Content.
      I may just be going back to Netflix...
  4. FaceBook is evil. by v(*_*)vvvv · · Score: 4, Insightful

    These first generation social networks are going to be the source of a lot of regret. We can only hope that the damage is minimal and that the lessons are learned quickly.

  5. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  6. From Blockbuster's TOS by TheRedSeven · · Score: 4, Informative
    Parent is not correct, at least according to the website:

    From the privacy policy

    Legal Notices Video Privacy Protection Act of 1988. Blockbuster supports the Video Privacy Protection Act of 1988 and will use reasonable commercial efforts to require employee and business partner compliance with the Act.
    Now, that's pretty vague, but if you take it at face value (HAH!), it would imply that they don't have you waive your rights under this law.

    However, they do have some pretty crappy privacy when it comes to any comments you post to their website (ratings and such): From the TOS :

    Content submitted to blockbuster.com (including your name) will not be confidential and may be published or disclosed in Blockbuster's sole discretion, without any compensation to you. Blockbuster may, but is not obligated to, respond to any Content.

    By submitting Content, you grant Blockbuster the right to use your submitted name in connection with your Content.
  7. Yes but it's illegal. by goombah99 · · Score: 5, Interesting

    Your right to privacy on video rental records used to be dictated by what ever agreement you had or lacked. But then Robert Bork was nominated to the supreme court. At that time a reporter obtained his video rental history and published it. The politically charged backlash created a federal law mandating the privacy of those records.

    In otherwords, video rental records have a protected status that is federally recognized. it's not the same as most other information about you. it might even be more protected than your credit history!

    Now this is a civil suit ($$$) not a prosecution, so that law is only out there saying what the standard of conduct expected of blockbuster is and is not a direct factor in the trial. I would guess that block busters agreements reasonably allow them to share your data with 3rd party business affiliates or for purposes of debt collection. However, I think the expectation is that your records are not public records.

    Facebook might be the loosely defined bussiness affiliate, but most people would probably say it's public. And you did not really intend to direct them to share your borrowing records, nor at the time you agreed with facebook to share certain data could you have anticipated that blockbuster would become a bussiness affiliate. They really needed to negotiate that with you.

    finally just because you sign a "wavier" does not mean you cannot sue. As I understand it, you can never sign away your right to sue. The wavier simply makes it hard to win.

    I note that recently Netflix ran into a problem too. Their supposedly anonymized rental records used in their contest to improve movie selection turns out to have enough information content that clever googling can re-associate names with a large fraction of the people in the data base. (e.g. they mention movies they watched somewhere on the web and this can be correlated). Some group in texas actually did the reverse calculations and showed it worked.

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  8. Imagine the Repurcussions by SRA8 · · Score: 4, Insightful

    I think people clearly see the danger of this beacon feature abstractly. But like me provide two examples that may show the problems in more context:

    Example 1: Man buys book "How to Quit Your Job and get a Better Job for Dummies". His employer sees it on his profile and passes on the man for a job promotion, why promote someone who is looking to quit.
    Example 1a: Same as above but man was buying the book for a friend unhappy with job. Man wanted his friend to find a job as enjoyable as his own.

    Example 2: Man buys a book "Surviving AIDS" for a college project. His neighbors now think he has AIDS.
    Example 2a: Man gets AIDS 10 years later. Denied for treatment by health insurance company as a pre-existing condition, based on his purchasing the book 10 years ago.

  9. Re:Easy by Kingrames · · Score: 4, Insightful

    In the words of a slashdot user's sig who shall remain anonymous,
    "Censorship is always more offensive than that which is censored. Always."

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