Netflix Wants Everyone to Know What You're Watching

The company fights an old law that keeps video rentals secret
Judge Bork: "I wouldn't object"Photograph by Carrie Devorah/Wenn

Back in 1987, a reporter for the alternative weekly Washington City Paper went to a D.C. video store and found out that Judge Robert Bork, whose Supreme Court nomination was before the Senate, had rented Alfred Hitchcock’s The Man Who Knew Too Much and The Man with the Golden Gun, starring Roger Moore as James Bond. This tidbit didn’t play a role in nixing Bork’s nomination. It did outrage lawmakers on the Hill and prompted Congress in 1988 to pass the Video Privacy Protection Act, which prevents companies from releasing video rental records without a criminal warrant or unless the customer tells a company it’s all right to do so. The law ensures that no American would have his taste in film aired to the public. Which is exactly why Netflix wants to change it.

The company struck an agreement with Facebook last September that allows users of the two services to link their accounts, so every time a Netflix subscriber streams something the title appears on the user’s Facebook page. Netflix sees the feature as a way to pick up new customers and keep its 23 million streaming subscribers coming back for more. “In many ways social media is the new water cooler for consumers, and we think it may be a great source for our members to find movies and TV shows they will love,” says David Hyman, Netflix’s general counsel.