NETFLIX KILLED THE CABLE TV STAR: Cable TV Is Definitionally Disadvantaged for Use of Artificial Intelligence

By Patchunka, Casey | Federal Communications Law Journal, May 2019 | Go to article overview

NETFLIX KILLED THE CABLE TV STAR: Cable TV Is Definitionally Disadvantaged for Use of Artificial Intelligence


Patchunka, Casey, Federal Communications Law Journal


TABLE OF CONTENTS

I. Introduction                                                 277
II. A New Reality for Cable TV: Hurting Advertisers and
    Hurting Viewers                                             278
    A. Personally Identifiable Information
       is Essential to the Use of
       Consumer Data and Thus the Ability
       to Be Competitive in the
       Entertainment Industry                                   280
    B. Artificial Intelligence Is Important to
       the Entertainment Industry
       in Order to Make Meaningful Use of PII
       to Enhance Consumer
       Experience                                               282
       1. Programmatic Advertising Will Enhance
          Targeted Advertising and Improve Consumer
          Experience Because It Allows for
          Advertising Companies to Utilize Specific
          Consumer Data to Provide Relevant Content             284
       2. Dynamic Channels and Personal Video Recorders Are
          Methods of Enhanced Customizable Advertising and
          Thus Able to Create a Better Consumer Product         285
    C. Personally Identifiable Information Is
       Essential to the Use of
       Programs That Provide Consumers With
       the Content They Want
       and Advertisements That Suit Them                        286
       1. Disclosure Requirements for Personally Identifiable
          Information Pose More Restrictive Regulations on the
          Cable TV Industry Than on Those Regulated Under the
          VPPA                                                  288
       2. Policy Implications for Consumer Protection and
       Competitive Entertainment Industry Play a Role in
       Defining PII Regulations
III. PII for Cable TV Compared with PII for Services Regulated
     Under the VPPA Shows Stricter Regulation for Cable TV289
    A. PII Disclosure Differences for Cable
       TV and VPPA Systems Are                                  289
    Significant Enough to Put the Cable TV
    Industry at a Competitive Disadvantage
    B. Possible Solutions for The Cable TV
    Industry and the Likelihood
    of Success for Each Option in Terms of Practicability and
    Effectiveness                                               291
       1. Express Consumer Consent Requirement Option
       2. Liberal Reading of [section] 551 Option
       3. Rewritten Definition of PII Under
          [section] 551 Option                                  294
       4. Rewritten Definition of PII Under
          [section] 2710 Option                                 294
    C. The Rewritten Definition of PII Under
    [section] 551 or Rewritten                                  295
    Definition of PII Under [section]
    2710 Option Presents the Best                               296
    Opportunity for a Competitive Industry
    and Better Prices and                                       296
    Services for Consumers                                      297
IV. Conclusion                                                  298

I. INTRODUCTION

It is a Friday night and you were stuck late at the office yet again, meaning that you had to race through the streets of Washington and the crowds on the Metro to make it home in time for the season finale of your favorite TV show. However, you got home ten minutes after the episode began, and you had no idea what was going on. Now, imagine if your TV knew that your boss keeps you late most Fridays and that the Metro tends to not run on time, resulting in your getting home just after the beginning of the episode of your favorite show on Friday nights. What about if your TV allowed you to time-shift the beginning of the episode to the time when you got home and settled in for a Friday night on the couch? Would this satisfactorily draw your attention away from Netflix shows you've seen ten times before?

While your TV is unlikely to know the reasons why you turn your TV on at a certain time, the cable TV industry has considered time-shifting as an option for TV consumers based on the mass amount of data each household produces daily that can be computed to take on a form of intelligent information. …

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