Law Commons^™

Relational Privacy: Surveillance, Common Knowledge, And Coordination, Richard Warner, Robert H. Sloan

Richard Warner

No abstract provided.

I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert H. Sloan

Richard Warner

No abstract provided.

The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Richard Warner, Robert H. Sloan

Richard Warner

We focus on privacy in public. The notion dates back over a century, at least to the work of the German sociologist, Georg Simmel. Simmel observed that people voluntarily limit their knowledge of each other as they interact in a wide variety of social and commercial roles, thereby making certain information private relative to the interaction even if it is otherwise publicly available. Current governmental surveillance in the US (and elsewhere) reduces privacy in public. But to what extent?

The question matters because adequate self-realization requires adequate privacy in public. That in turn depends on informational norms, social norms that …

Self, Privacy, And Power: Is It All Over? (With R. Sloan), Richard Warner

Richard Warner

The realization of a multifaceted self is an ideal one strives to realize. One realizes such a self in large part through interaction with others in various social roles. Such realization requires a significant degree of informational privacy. Informational privacy is the ability to determine for yourself when others may collect and how they may use your information. The realization of multifaceted selves requires informational privacy in public. There is no contradiction here: informational privacy is a matter of control, and you can have such control in public. Current information processing practices greatly reduce privacy in public thereby threatening the …

Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan

Richard Warner

Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.

Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission …

Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan

Richard Warner

When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors web site advertising as closely as possible to individual interests. The vast majority want considerably more control over our information. We nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data exchanges …

Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Co-Authored With Robert Sloan, Richard Warner, Robert H. Sloan

Richard Warner

No abstract provided.

Empathy And Compassion, Richard Warner

Richard Warner

No abstract provided.

Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner

Richard Warner

Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers’ freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and …

Surveillance And The Self: Privacy, Identity, And Technology, Richard Warner

Richard Warner

No abstract provided.

Rights, Rationality, And The Preemption Of Reasons, Richard Warner

Richard Warner

No abstract provided.

Spam And Beyond: Freedom, Efficiency, And The Regulation Of E-Mail Advertising, Richard Warner

Richard Warner

No abstract provided.

Border Disputes: Trespass To Chattels On The Internet, Richard Warner

Richard Warner

No abstract provided.

Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner

Richard Warner

No abstract provided.

Teaching Law With Computers, Richard Warner

Richard Warner

No abstract provided.

Teaching Electronically: The Chicago-Kent Experiment, Richard Warner

Richard Warner

No abstract provided.

Excluding Reasons: Impossible Comparisons And The Law, Richard Warner

Richard Warner

No abstract provided.

Impossible Comparisons And Rational Choice Theory, Richard Warner

Richard Warner

No abstract provided.

Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner

Richard Warner

No abstract provided.

Coordination By Default, Richard Warner

Richard Warner

No abstract provided.

Liberalism And The Criminal Law, Richard Warner

Richard Warner

No abstract provided.

Incommensurability As A Jurisprudential Puzzle, Richard Warner

Richard Warner

No abstract provided.