Issues

The Myth of the Privacy Paradox

People report that they value privacy highly, but are willing to trade personal data for goods and services. This “privacy paradox” is sometimes used as an argument against privacy regulation. However, regulation should be based on the social value of privacy, not individual valuations.

Restrictions on Privacy and Exploitation in the Digital Economy: A Market Failure Perspective

Digital platforms collect consumer data by default. Changing the default setting to require to consumers to “opt-in” to allow use of their data could create a market in data, but large platforms would still enjoy too much market power.

The Ethics of Facial Recognition Technology

Facial recognition technology presents a unique threat to freedom and human dignity. Once the technology is installed, people will become acclimated to it, and abusive uses will be nearly inevitable.

Atlas of AI: Power, Politics, and the Planetary Costs of Artificial Intelligence

Artificial intelligence (AI) relies on natural resources, low-cost labor, and data. The production of AI technology harms the environment. AI systems rely on low-wage workers.

Standing and Privacy Harms: A Critique of TransUnion v. Ramirez

The Supreme Court has ruled that consumers lack standing under the Fair Credit Reporting Act (FCRA) until their credit reports were sent to third-party businesses. The Court’s test for standing is unsatisfactory.

Why Privacy Matters

Privacy is not dead. Privacy rules are increasingly critical to protecting individual autonomy and political freedom, and to consumer protection.

Privacy Injunctions

Nonconsensual distribution of intimate images seriously harms victims. New laws should be passed to protect rights to intimate privacy.

Data Security, Data Breaches, and Compliance

Data breaches affect the breached firm’s stock price. Fines for data breaches are low, and firms may underinvest in security. Litigation following a breach is less likely when firms offer free credit monitoring.

The Gender Panopticon: Artificial Intelligence, Gender, and Design Justice

Artificial Intelligence (AI) surveillance systems often use binary male/female gender classifications, failing to recognize the complexity of LGBTQ+ identity formation.

Harming Competition and Consumers under the Guise of Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates

Apple’s iOS 14 update claims to protect privacy by requiring consumers to opt in to allow data sharing by third-party apps. But this unfairly advantages Apple’s own products.