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Full-Text Articles in Law
In Defense Of The American Community Survey, Michael Lewyn
In Defense Of The American Community Survey, Michael Lewyn
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Discusses policy and constitutional arguments against the ACS, a yearly survey administered by the Census Bureau.
Infracompetitive Privacy, Greg Day, Abbey R. Stemler
Infracompetitive Privacy, Greg Day, Abbey R. Stemler
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One of the chief anticompetitive effects of modern business lies in antitrust’s blind spot. Platform-based companies (“platforms”) have innovated a business model whereby they offer consumers “free" and low-priced services in exchange for their personal information. With this data, platforms can design products, target consumers, and sell such information to third parties. The problem is that platforms can inflict greater costs on users and markets in the form of lost privacy than efficiencies generated from their low prices. Consumers, as examples, spend billions of dollars annually to remedy privacy breaches and, alarmingly, participate unwittingly in experiments designed to manipulate their …
Gina, Big Data, And The Future Of Employee Privacy, Brad Areheart
Gina, Big Data, And The Future Of Employee Privacy, Brad Areheart
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Threats to privacy abound in modern society, but individuals currently enjoy little meaningful legal protection for their privacy interests. We argue that the Genetic Information Nondiscrimination Act (GINA) offers a blueprint for preventing employers from breaching employee privacy. GINA has faced significant criticism since its enactment in 2008: commentators have dismissed the law as ill-conceived, unnecessary, and ineffective. While we concede that GINA may have failed to alleviate anxieties about medical genetic testing, we assert that it has unappreciated value as an employee-privacy statute. In the era of big data, protections for employee privacy are more pressing than protections against …