Privacy Law Commons^™

Notice And Consent In A World Of Big Data, Fred H. Cate, Viktor Mayer-Schönberger

Articles by Maurer Faculty

• Nowadays individuals are often presented with long and complex privacy notices routinely written by lawyers for lawyers, and are then requested to either ‘consent’ or abandon the use of the desired service.
• The over-use of notice and consent presents increasing challenges in an age of ‘Big Data’.
• These phenomena are receiving attention particularly in the context of the current review of the OECD Privacy Guidelines.
• In 2012 Microsoft sponsored an initiative designed to engage leading regulators, industry executives, public interest advocates, and academic experts in frank discussions about the role of individual control and notice and consent in data protection …

Cracks In The Foundation: The New Internet Legislation's Hidden Threat To Privacy And Commerce, Joshua Fairfield

Articles by Maurer Faculty

Scholarship to date has focused on the legal significance of the novelty of the Internet. This scholarship does not describe or predict actual Internet legislation. Instead of asking whether the Internet is so new as to merit new law, legislators and academics should re-evaluate the role of government in orchestrating collective action and change the relative weight of enforcement, deterrence, and incentives in Internet regulations.

A perfect example of the need for this new approach is the recent CANSPAM Act of 2003, which was intended to protect personal privacy and legitimate businesses. However, the law threatens both of these interests, …