Law Commons^™

Reforming The Law Of Reputation, Frank Pasquale

Loyola University Chicago Law Journal

No abstract provided.

All Life Is An Experiment: (Sometimes It Is A Controlled Experiment), Jane R. Bambauer

Loyola University Chicago Law Journal

No abstract provided.

Exploration And Exploitation: An Essay On (Machine) Learning, Algorithms, And Information Provision, Deven Desai

Loyola University Chicago Law Journal

Legal and regulatory understandings of information provision miss the importance of the exploration-exploitation dynamic. This Essay argues that is a mistake and seeks to bring this perspective to the debate about information provision and competition. A general, ongoing problem for an individual or an organization is whether to stay with a familiar solution to a problem or try new options that may yield better results. Work in organizational learning describes this problem as the exploration-exploitation dilemma. Understanding and addressing that dilemma has become a key part of an algorithmic approach to computation, machine learning, as it is applied to information …

The Case That Won't Be Forgotten, Julia Powles

Loyola University Chicago Law Journal

In May 2014, Europe’s highest court planted a flag in the digital rights desert, declaring that individuals have limited, conditional rights against search engines. Popularized as the “right to be forgotten,” the case affirmed a right to data delisting. Specifically, European law provides a right to correct or block personal information from appearing on name searches if that information has lost its timeliness, relevance, or accuracy, and if it holds no public interest.

The European case has inspired a tremendous and vigorous public debate, marked by the general sentiment that it represents a worrying development for the Internet. Yet, the …

The Transparent Citizen, Joel R. Reidenberg

Loyola University Chicago Law Journal

This Article shows that the transparency of personal information online through ubiquitous data collection and surveillance challenges the rule of law both domestically and internationally. The Article makes three arguments. First, the transparency created by individuals’ interactions online erodes the boundary between public and private information and creates a “transparent citizen.” Second, the transparent citizen phenomenon undermines the state’s faithfulness to the ideals of the rule of law and to citizens’ respect for the rule of law. Transparency enables government to collect and use personal information from the private sector in ways that circumvent traditional political and legal checks and …

Sharing Shortcoming, Derek E. Bambauer

Loyola University Chicago Law Journal

Current cybersecurity policy emphasizes increasing the sharing of threat and vulnerability information. Legal reform is seen as crucial to enabling this exchange, both within the public and private sectors and between them. Information sharing is due for some skepticism though, and this Essay (part of a symposium entitled Privacy in a Data Collection Society) attempts to provide it. Not only are there few real legal barriers to data exchange, but greater sharing will generate little benefit and will create significant privacy risks. This Essay creates a typography of vertical and horizontal information sharing, and argues that while top-down communication could …