Abstract

http://ssrn.com/abstract=2059154
 
 

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Unpacking Privacy's Price


Jan Whittington


Department of Urban Design and Planning, University of Washington

Chris Jay Hoofnagle


University of California, Berkeley - School of Law, Berkeley Center for Law & Technology

June 14, 2012

Jan Whittington & Chris Jay Hoofnagle, Unpacking Privacy's Price, 90 North Carolina Law Review 1327 (2012)

Abstract:     
This article introduces a transaction cost economic framework for interpreting the roles consumers play in social networking services (“SNSs”). It explains why the exchange between consumers and SNSs is not simple and discrete, but rather a continuous transaction with atypical attributes. These exchanges are difficult for consumers to understand and come with costs that are significant and unanticipated. Under current structures of governance, there is no exit for consumers who wish to leave an SNS. In other contexts, similar transactions are bounded by tailored consumer protections. This article explains the need for tailored consumer protection in the SNS context. Specifically, we argue that a consumer right to rescind enrollment in an SNS, triggering a deletion of and ability to export information shared with the service, is appropriate given the skewed aspects of personal information transactions.

Number of Pages in PDF File: 44

Keywords: transaction cost economics, TCE, free, free offers, privacy, Facebook, social network services, right to delete, portability, right to be forgotten, Williamson, New Institutional Economics, Federal Trade Commission, FTC free guide

JEL Classification: A13, B25, D18, D23, D82, D18, K20

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Date posted: May 14, 2012 ; Last revised: September 20, 2013

Suggested Citation

Whittington, Jan and Hoofnagle, Chris Jay, Unpacking Privacy's Price (June 14, 2012). Jan Whittington & Chris Jay Hoofnagle, Unpacking Privacy's Price, 90 North Carolina Law Review 1327 (2012). Available at SSRN: http://ssrn.com/abstract=2059154

Contact Information

Jan M. Whittington
Department of Urban Design and Planning, University of Washington ( email )
Seattle, WA
United States
(206) 221-6298 (Phone)
(206) 685-9597 (Fax)
HOME PAGE: http://urbdp.be.washington.edu/people/faculty/departmental/profiles/whittington.html
Chris Jay Hoofnagle (Contact Author)
University of California, Berkeley - School of Law, Berkeley Center for Law & Technology ( email )
344 Boalt Hall
Berkeley, CA 94720-7200
United States
510-643-0213 (Phone)
HOME PAGE: http://hoofnagle.berkeley.edu
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