The Information Economy produces a host of new injuries to personal privacy. These include damage from data mining, data spills, identity theft, the tracking of online activity, and spam. Policymakers are currently searching for a framework with which to think about the governance of these...

Regulatory theorists have engaged in an interesting debate over the merits of “collaborative governance.” The term refers to those governance approaches in which regulators, industry and other stakeholders work together on drafting and enforcing rules. Proponents of collaborative governance...

What comes after the control paradigm? For decades, privacy law has sought to provide individuals with notice and choice and so give them control over their personal data. But what happens when this regulatory paradigm breaks down? Predictive analytics forces us to confront this challenge....

User trust is an essential resource for the information economy. Without it, people will share less of their personal information and the digital economy will falter. Companies that use personal information do not protect this resource sufficiently. Instead, many take advantage of it for...

The movement of personal data across national borders is fundamental to the Internet economy. Yet the laws that govern such data flows remain national or, at best, regional. This mismatch weakens privacy protection, increases costs and uncertainty for business, creates tension and political...