Mutually Assured Protection: Toward Development of Relational Internet Data Security and Privacy Contracting Norms

Abstract:     
This paper empirically and normatively explores the current data security contracting regime that exists online. Using an analytical lens from complexity theory, this article presents an empirical study of 75 websites of publicly traded companies across time, tracking legal emergence of data security contracting practices. It then argues that a new legal construction for data security contracting is needed to replace the current regime of terms of use and privacy policies; current internet data security contracting structures do not facilitate building of commercial trust.

Keywords: data, security, privacy, contract

JEL Classification: k12, o30,

Accepted Paper Series