Issues

Big Data, Health Law, and Bioethics

Big data is expected to transform health care and medicine. Today’s ethical guidelines and laws may not adequately protect users against threats to privacy and the risk of discrimination. Third-party firms may function as go-betweens for patients and health care providers.

Auctions versus Posted Prices in Online Markets

When eBay first became popular, most sellers listed goods for sale in an auction format. Over time, posted prices began to predominate. Sellers were influenced by two factors, growing competition between sellers, and buyers’ preference for the convenience of posted prices.

Facebook Was Letting Down Users Years Before Cambridge Analytica

In 2011, the Federal Trade Commission (FTC) found that Facebook had deceived users about how much data it shared with third-party apps, and how that data was used. Facebook was required to ensure that outsiders did not obtain such data, but failed to do so.

Running Out of Time: The Impact and Value of Flexibility in On-Demand Crowdwork

Workers in on-demand digital labor markets often have little control over their schedules. Giving workers more control yields more work product without loss of quality. Workers value control of their pace of work.

Systematic Government Access to Private-Sector Data in Germany

German law recognizes strong privacy rights and limits surveillance. However, police and intelligence surveillance powers have expanded since the end of the Cold War. International firms may violate German law by sharing data stored in the cloud with authorities in the United States.

What We Buy When We Buy Now

Many consumers are unaware that digital books, movies, or musical work cannot be transferred to others. Because consumers’ expectations are shaped in markets for tangible books, records, and CDs, sellers’ use of terms like “buy now” for digital media is deceptive.

From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud

As strong encryption becomes more common for data and voice messages, traditional wiretaps become less effective. Law enforcement agencies have shifted from seeking local real-time access to messages to seeking remote access to stored messages, which are often unencrypted.

The Humans Working Behind the AI Curtain

Many online tasks are performed partly by artificial intelligence (AI) and partly by humans. Workers are hired on a temporary, “on demand” basis by firms such as Microsoft and Facebook to train algorithms or to assess questionable content.

Antitrust via Rulemaking: Competition Catalysts

Some observers note a decline in competition in American industry; fewer new firms are entering the market, and markets are becoming more concentrated. Federal and state agencies can devise regulations to catalyze competition.

The Ten Most Important Section 230 Rulings

Under Section 230 of the Telecommunications Act of 1996, websites are not legally responsible for content posted on the site by others. A few cases suggest that immunity does not extend to sites that encourage unlawful content.