The Electronic Communication Privacy Act has rather detailed provisions limiting access to video rental records. The pertinent portion is reproduced below. > TITLE 18 UNITED STATES CODE > CHAPTER 121. STORED WIRE AND ELECTRONIC COMMUNICATIONS AND > TRANSACTIONAL RECORDS ACCESS > > s 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 service > provider who knowingly discloses, to any person, personally > 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; > > (D) to any person if the disclosure is solely of the names and > addresses of consumers and if- > > (i) the video tape service provider has provided the > consumer with the opportunity, in a clear and conspicuous manner, > to prohibit such disclosure; and > > (ii) the disclosure does not identify the title, > description, or subject matter of any video tapes or other audio > visual material; however, the subject matter of such materials may > be disclosed if the disclosure is for the exclusive use of > marketing goods and services directly to the consumer; > > (E) to any person if the disclosure is incident to > the ordinary course of business of the video tape service provider; > or > > (F) pursuant to a court order, in a civil proceeding upon a > showing of compelling need for the information that cannot be > accommodated by any other means, if- > > (i) the consumer is given reasonable notice, by the person > seeking the disclosure, of the court proceeding relevant to the > issuance of the court order; and > > (ii) the consumer is afforded the opportunity to appear > and contest the claim of the person seeking the disclosure. > > If an order is granted pursuant to subparagraph (C) or (F), > the court shall impose appropriate safeguards against unauthorized > disclosure. > > (3) Court orders authorizing disclosure under subparagraph (C) > shall issue only with prior notice to the consumer and only if the > law enforcement agency shows that there is probable cause to > believe that the records or other information sought are relevant > to a legitimate law enforcement inquiry. In the case of a State > government authority, such a court order shall not issue if > prohibited by the law of such State. A court issuing an order > pursuant to this section, on a motion made promptly by the video > tape service provider, may quash or modify such order if the > information or records requested are unreasonably voluminous in > nature or if compliance with such order otherwise would cause an > unreasonable burden on such provider. > > (c) Civil action. > > (1) Any person aggrieved by any act of a person > in violation of this section may bring a civil action in a United > States district court. > > (2) The court may award- > > (A) actual damages but not less than liquidated damages in > an amount of $ 2,500; > > (B) punitive damages; > > (C) reasonable attorneys' fees and other litigation costs > reasonably incurred; and > > (D) such other preliminary and equitable relief as the > court determines to be appropriate. > > (3) No action may be brought under this subsection unless such > action is begun within 2 years from the date of the act complained > of or the date of discovery. > > (4) No liability shall result from lawful disclosure permitted > by this section. > > (d) Personally identifiable information. Personally identifiable > information obtained in any manner other than as provided in this > section shall not be received in evidence in any trial, hearing, > arbitration, or other proceeding in or before any court, grand > jury, department, officer, agency, regulatory body, legislative > committee, or other authority of the United States, a State, or a > political subdivision of a State. > > (e) Destruction of old records. A person subject to this section > shall destroy personally identifiable information as soon as > practicable, but no later than one year from the date the informa- > tion is no longer necessary for the purpose for which it was > collected and there are no pending requests or orders for access > to such information under subsection (b)(2) or (c)(2) or pursuant > to a court order. > > (f) Preemption. The provisions of this section preempt only the > provisions of State or local law that require disclosure prohibited > by this section.