[4] The law became a focus of attention in the legal industry once again in the twenty-first century with the rise of audiovisual content sharing through digital media.

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(September 2020) (Learn how and when to remove this message) With the emergence of new-age computing technology and devices in the early 2000's came websites, 3rd party advertising and tracking firms using mechanisms that violated a user's privacy.

While the 1988 act concerned betamax/video rental records, such as DVDs and Video games etc., Attorney Joseph H. Malley,(Law Offices of Joseph H. Malley, PC, Dallas Texas) determined that VPPA could be cited, an investigation that involved months of research of state and local privacy laws, in an attempt to create a "template," which didn't exist for data privacy litigation.

This program resulted in users' private information, obtained from third-party affiliate marketing websites, being posted on Facebook without consent.

Attorney Malley, who had developed a litigation strategy in the early 2000’s involving another federal privacy law, the Driver Privacy Protection Act ("DPPA"), a law related to the unauthorized access to DMV records and permitted statutory damages for privacy violations, IE., $2500.00 damage award "per person-per violation, (per company)", successfully filing numerous federal class actions against 3-400+ companies, sought a similar strategy, but needed to develop a new theory of liability for added assurance to survive a motion to dismiss.

Extensive research and case analysis of Federal and State laws, regulations, and Court Opinions, yielded limited assistance.

The company noted that the VPPA was the sole reason why the new feature was not immediately available in the United States, and it encouraged its customers to contact their representatives in support of legislation that would clarify the language of the law.

Attorney Joseph H. Malley was contacted by the Chief Counsel, Democrats|Subcommittee on IP at U.S. House of Representatives to provide assistance related to the VPPA Amendment proposal.