Ryan Calo writes, "I argue in a new paper that economists and privacy advocates don't need to hate one another... Here's the abstract:"
Law and economics tends to be skeptical of privacy, finding privacy overrated, inefficient, and perhaps even immoral. Law should not protect privacy because privacy inhibits the market by allowing people to hide useful information.
Privacy law scholars tend to be skeptical of markets. Markets 'unravel' privacy by penalizing consumers who prefer it, degrade privacy by treating it as just another commodity to be traded, and otherwise interfere with the values or processes that privacy exists to preserve.
This mutual and longstanding hostility obscures the significant degree to which privacy and markets assume and reply upon one another in order to achieve their respective ends.
For example, in a world without privacy, traditional market criteria such as price and quality can be overwhelmed by salient but extraneous information such as personal belief. Meanwhile, imagine how much a government must know about its citizens to reject markets and distribute resources according to the maxim 'from each according to his ability, to each according to his need.'
Conceiving of privacy and markets as sympathetic helps justify or explain certain legal puzzles, such as why the Federal Trade Commission -- an agency devoted to free and open markets and replete with economists -- has emerged as the de facto privacy authority in the United States. The account also helps build a normative case for political and other laws that enforce a separation between market and other information.
Privacy and Markets: A Love Story
The Electronic Frontier Foundation surveyed hundreds of American kids, teachers and parents about privacy and the “ed-tech” sector, which is filling America’s classrooms with Chromebooks and cloud services and mobile devices that ingest kids’ data wholesale without any meaningful privacy or data retention policies.
Micah Lee and The Intercept put together this video with “tips on how to prepare your phone before you go to a protest and on how to safely communicate with your friends.”
The Intercept publishes a previously-unseen set of Snowden docs detailing more than $500,000,000 worth of secret payments by the Japanese government to the NSA, in exchange for access to the NSA’s specialized surveillance capabilities, in likely contravention of Japanese privacy law (the secrecy of the program means that the legality was never debated, so no […]
All moms are different. But all moms like getting flowers on Mother’s Day, and that’s a fact (not, however a fact we can document in any fashion.) Instead of getting chewed out for forgetting to call her on the second Sunday of May, you can take care of it ahead of time with Teleflora’s flower […]
Yeah, Bluetooth audio is pretty common these days, so why should you care about these earbuds? Look how happy that woman up above looks. She’s got FRESHeBUDS in. Boom. There’s your reason. She’s also at the beach and it appears to be a very nice day.But for the sake of promotion, wireless earbuds are fast becoming the […]
“Gets stuff done,” is a good way to be described by anybody. Especially by coworkers or bosses. Because whether you’re in finance or a children’s librarian, stuff needs to get done. But how do you make sure stuff gets done? You definitely can’t do all the stuff yourself, unless your company/organization/government office consists entirely of you. And […]