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Full-Text Articles in Law
The International Privacy Regime, Tim Wu
The International Privacy Regime, Tim Wu
Faculty Scholarship
Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its operation.
First, the idea that self-regulation by the internet community will be the driving force in privacy protection must be laid to rest. The experience of the last decade shows that nation-states, powerful nation-states in particular, drive the system of international privacy. The final mix of privacy protection that …
Cracks In The Foundation: The New Internet Legislation's Hidden Threat To Privacy And Commerce, Joshua Fairfield
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, …