Category Archives: Privacy

Dennis Hirsch Article Proposes Sectoral Global Privacy Rules

Dennis D. Hirsch of Capital has written In Search of the Holy Grail: Achieving Global Privacy Rules Through Sector-Based Codes of Conduct, 74 Ohio St. L.J. (2013). Here is the abstract: The movement of personal data across national borders is fundamental to the Internet economy. Yet the laws that govern such data flows remain national […]

American Banker: Cordray Loses Cool After House GOP Attacks

by Jeff Sovern Here (behind a paywall). Cordray was testifying before the House Financial Services Committee and, according to the article, was subject to some attacks that seem absurd, at least to me. Excerpt: [Rep. Stevan Pearce, R-N.M] suggested that data collection undertaken by the CFPB could be passed onto political campaigns. "But I will […]

Call for Papers: Legal and Ethical Issues in Predictive Data (Including Consumer Protection Issues)

RESEARCH COLLOQUIUM: CALL FOR PAPERS LEGAL AND ETHICAL ISSUES IN PREDICTIVE DATA ANALYTICS June 19 & 20, 2014 Blacksburg, Va. Abstract Submission Deadline: March 3, 2014 A research colloquium, “Legal and Ethical Issues in Predictive Data Analytics,” hosted by Professor Janine Hiller of Virginia Tech and co-organized by Professor Tonia Hap Murphy of the University […]

Paper Explores How the Amount of Privacy Affects Industry Profits, Consumer Welfare, and Total Welfare

Oz Shy of the Federal Reserve Bank of Boston and Rune Stenbacka of the Swedish School of Economics and Business Administration have written Customer Privacy and Competition.  Here is the abstract: We analyze how different degrees of privacy protection affect industry profits, consumer welfare and total  welfare. Firms earn higher profits under weak privacy protection […]

Paper Explores How Much Consumers Value Privacy

Scott  Savage and Donald M. Waldman , both of the University of Colorado at Boulder – Department of Economics, have written The Value of Online Privacy. Here is the abstract: We estimate the value of online privacy with a differentiated products model of the demand for Smartphone apps. We study the apps market because it […]

Jeff Gelles Column: A Victory in the Fight Against Robocalls

Here.  An interesting report on a third circuit case on whether consumers can revoke their consent to receive automated calls.  The case arose in the debt collection context and given the steep penalties under the Telephone Consumer Protection Act–$500 per call and $1500 for willful violations–could lead to a lot of litigation.

Paper on the Telephone Consumer Protection Act and Changing Technology

Daniel B. Heidtke, Jessica Stewart and Spencer Weber Waller, all of Loyola of Chicago's School of Law and its Institute for Consumer Antitrust Studies have written The Telephone Consumer Protection Act of 1991: Adapting Consumer Protection to Changing Technology.  Here is the abstract: In the late 1980’s, spurred on by advances in technology, the telemarketing industry […]

Richards on the Constitutionality of Data Privacy Law

Neil M. Richards of Wash U. has written Why Data Privacy Law Is (Mostly) Constitutional, forthcoming in his book, Intellectual Privacy, Oxford University Press (2014).  Here's the abstract: This essay argues that privacy critics arguing that most privacy rules create constitutional problems overstate their case.  Since the New Deal, American law has rested on the […]

Fairfield Paper on Do-Not-Track

Joshua Fairfield of Washington and Lee University has written Do-Not-Track as Default, 11 Northwestern Journal of Technology and intellectual Property (2013). Here's the abstract: Do-Not-Track is a developing online legal and technological standard that permits consumers to express their desire not to be tracked by online advertisers. Do-Not-Track has the ability to change the relationship between […]

Strandburg Paper on Online Privacy’s Market Failure

Katherine J. Strandburg of NYU has written Free Fall:  the Online Market's Consumer Preference Disconnect, University of Chicago Law Forum (2013).  Here's the abstract: Do Internet users “pay” for online products and services with personal data? The common analogy between online data collection for behaviorally targeted advertising and payment for purchases is seriously misleading. There […]