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March 6, 2014 01:00 pm PST

Modeling privacy rules on environmentalregulations

Michael Froomkin writes, "My latest privacy paper, Regulating Mass Surveillance as Privacy Pollution: Learning from Environmental Impact Statements, has a new take on how to regulate mass surveillance in the US where the EU privacy model has not taken root, and where the 1st Amendment creates obstacles to stopping some data sharing."
Data collection in public (and in the home via public spaces) resembles an externality imposed on the person whose privacy is reduced involuntarily; it can also be seen as a market failure caused by an information asymmetry.








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