Page:United States Statutes at Large Volume 102 Part 4.djvu/225

 PUBLIC LAW 100-618—NOV. 5, 1988

102 STAT. 3195

Public Law 100-618 100th Congress An Act To amend title 18, United States Code, to preserve personal privacy with respect to the rental, purchase, or delivery of video tapes or similar audio visual materials.

Nov. 5, 1988 [S. 2361]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Video Privacy SECTION 1. SHORT TITLE.

Protection Act of lOSs!^

This Act may be cited as the "Video Privacy Protection Act of l^ USC 2710 note. 1988". SEC. 2. CHAPTER 121 AMENDMENT.

(a) IN GENERAL.—Chapter 121 of title 18, United States Code, is amended— (1) by redesignating section 2710 as section 2711; and (2) by inserting after section 2709 the following: "§ 2710. Wrongful disclosure of video tape rental or sale records "(a) DEFINITIONS.—For purposes of this section— "(1) the term 'consumer' means any renter, purchaser, or subscriber of goods or services from a video tape service provider; "(2) the term 'ordinary course of business' means only debt collection activities, order fulfillment, request processing, and the transfer of ownership; "(3) the term 'personally identifiable information' includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and "(4) the term 'video tape service provider' means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure. "(b) VIDEO TAPE RENTAL AND SALE RECORDS.—(1) A video tape Business and service provider who knowingly discloses, to any person, personally industry. identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d). "(2) A video tape service provider may disclose personally identifiable information concerning any consumer— "(A) to the consumer; "(B) to any person with the informed, written consent of the consumer given at the time the disclosure is sought; "(C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order;

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