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.

Shining a Light on Dark Patterns

Some user interfaces include “dark patterns” that exploit cognitive bias to manipulate users. Two experiments show that subtle dark patterns are more dangerous, because consumers are less likely to reject them.

Breaking the Privacy Gridlock: A Broader Look at Remedies

Regulatory systems outside of privacy can serve as models for the enforcement of consumer privacy legislation. Regulatory oversight, self-regulation, and class action suits may be effective in enforcing privacy standards.

Risk and Rights in Transatlantic Data Transfers: EU Privacy Law, U.S. Surveillance, and the Search for Common Ground

Transatlantic data transfers are limited by decisions of European Union (EU) authorities ruling that surveillance conducted by the United States threatens privacy. Export control law provides a model to resolve the conflict.

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.

European Digital Sovereignty”: Successfully Navigating Between the “Brussels Effect” and Europe’s Quest for Strategic Autonomy

“European digital sovereignty” encompasses regulatory and strategic concerns. The European Union (EU) is the most powerful global actor in digital regulation, though its power is not unlimited.

Governing Privacy in the Datafied City

Privacy is necessary for cities to remain politically and culturally diverse. Large cities initiate lawsuits to protect citizens’ privacy, but also collect large amounts of data, and may not protect privacy consistently.

A Relational Turn for Data Protection?

Existing data protection rules are mostly procedural, focused on notice and consent. A “relational” privacy model would prohibit some data practices without considering consent.