David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
This Note will address the salience of a simple analogy: will privacy law be for the information age what consumer protection law was for the industrial age? At the height of industrialization, the United States market for consumer products faced instability caused by a lack of consumer competence, lack of disclosure about product defects, and advancements in technology that exacerbated the market's flaws. As this Note will show, these same causes of market failure are stirring in today's economy as well. The modern economy is not one of goods but of information, and although consumers have long been aware that their personal information may have marketing value, the Internet has fundamentally changed the scope and depth of information collection, exposing more consumers than ever to injuries requiring not just a comprehensive remedy but a wholesale change in the level of care of the information industry. Just as the mass-production economy precipitated a wave of reforms in consumer protection (in part thanks to a kick-start by author Upton Sinclair), so too must the mass-information economy adapt. After demonstrating the parallels between the problems of today with those of yesterday, this Note will propose parallel solutions, particularly a consolidation of regulatory power and a new tort for breach of information privacy, which draws its inspiration from general products liability. These proposals show that rather than reinvent the wheel, modern lawmakers can (and should) answer today's problems with lessons from the last century.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Carl Hausman (1994). Information Age Ethics: Privacy Ground Rules for Navigating in Cyberspace. Journal of Mass Media Ethics 9 (3):135 – 144.
Luciano Floridi (2005). The Ontological Interpretation of Informational Privacy. Ethics and Information Technology 7 (4):185-200.
Lawrence O. Gostin (2001). Health Information: Reconciling Personal Privacy with the Public Good of Human Health. [REVIEW] Health Care Analysis 9 (3):321-335.
Charles Ess (2005). “Lost in translation”?: Intercultural dialogues on privacy and information ethics (introduction to special issue on privacy and data privacy protection in asia). [REVIEW] Ethics and Information Technology 7 (1):1-6.
Maxwell Gregg Bloche (1997). Managed Care, Medical Privacy, and the Paradigm of Consent. Kennedy Institute of Ethics Journal 7 (4):381-386.
Feng-Yang Kuo, Cathy S. Lin & Meng-Hsiang Hsu (2007). Assessing Gender Differences in Computer Professionals' Self-Regulatory Efficacy Concerning Information Privacy Practices. Journal of Business Ethics 73 (2):145 - 160.
Donald Gotterbarn (1999). Privacy Lost: The Net, Autonomous Agents, and 'Virtual Information'. [REVIEW] Ethics and Information Technology 1 (2):147-154.
Norman Mooradian (2009). The Importance of Privacy Revisited. Ethics and Information Technology 11 (3):163-174.
Eleonora Curlo (1999). Marketing Strategy, Product Safety, and Ethical Factors in Consumer Choice. Journal of Business Ethics 21 (1):37 - 48.
Added to index2009-04-23
Total downloads12 ( #299,688 of 1,911,418 )
Recent downloads (6 months)1 ( #455,910 of 1,911,418 )
How can I increase my downloads?