Restoring Transparency to Automated Authority

Journal on Telecommunications and High Technology Law, Vol. 9, No. 235, 2011

Seton Hall Research Paper No. 2010-28

22 Pages Posted: 17 Feb 2011  

Frank A. Pasquale III

University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project

Date Written: February 16, 2011

Abstract

Leading finance, health care, and internet firms shroud key operations in secrecy. Our markets, research, and life online are increasingly mediated by institutions that suffer serious transparency deficits. When a private entity grows important enough, it should be subject to transparency requirements that reflect its centrality. The increasing intertwining of governmental, business, and academic entities should provide some leverage for public-spirited appropriators and policymakers to insist on more general openness.

However well an "invisible hand" coordinates economic activity generally, markets depend on reliable information about the practices of core firms that finance, rank, and rate entities in the rest of the economy. Brandishing quasi-governmental authority to determine which enterprises are funded and found, they need to be held to a higher standard than the average firm.

Keywords: transparency deficits, health care, finance, internet

Suggested Citation

Pasquale, Frank A., Restoring Transparency to Automated Authority (February 16, 2011). Seton Hall Research Paper No. 2010-28. Available at SSRN: https://ssrn.com/abstract=1762766

Frank A. Pasquale III (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-4820 (Phone)
410-706-0407 (Fax)

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

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