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Full-Text Articles in Law
A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen
A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen
Faculty Scholarship
The concept of “information fiduciaries” has surged to the forefront of debates on online-platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of care, confidentiality, and loyalty on doctors, lawyers, and accountants vis-à-vis their patients and clients, Balkin argues, so too should it impose special duties on corporations such as Facebook, Google, and Twitter vis-à-vis their end users. Over the past several years, this argument has garnered remarkably broad support …
Governing, Exchanging, Securing: Big Data And The Production Of Digital Knowledge, Bernard E. Harcourt
Governing, Exchanging, Securing: Big Data And The Production Of Digital Knowledge, Bernard E. Harcourt
Faculty Scholarship
The emergence of Big Data challenges the conventional boundaries between governing, exchange, and security. It ambiguates the lines between commerce and surveillance, between governing and exchanging, between democracy and the police state. The new digital knowledge reproduces consuming subjects who wittingly or unwittingly allow themselves to be watched, tracked, linked and predicted in a blurred amalgam of commercial and governmental projects. Linking back and forth from consumer data to government information to social media, these new webs of information become available to anyone who can purchase the information. How is it that governmental, commercial and security interests have converged, coincided, …