Against Notice Skepticism In Privacy (And Elsewhere)

46 Pages Posted: 21 Mar 2011 Last revised: 4 Oct 2012

Ryan Calo

University of Washington - School of Law; Stanford University - Law School; Yale Law School

Date Written: March 20, 2011

Abstract

What follows is an exploration of innovative new ways to deliver privacy notice. Unlike traditional notice that relies upon text or symbols to convey information, emerging strategies of “visceral” notice leverage a consumer’s very experience of a product or service to warn or inform. A regulation might require that a cell phone camera make a shutter sound so people know their photo is being taken. Or a law could incentivize websites to be more formal (as opposed to casual) wherever they collect personal information, as formality tends to place people on greater guard about what they disclose. The thesis of this Article is that, for a variety of reasons, experience as a form of privacy disclosure is worthy of further study before we give in to calls to abandon notice as a regulatory strategy in privacy and elsewhere.

Keywords: notice, visceral notice, privacy

Suggested Citation

Calo, Ryan, Against Notice Skepticism In Privacy (And Elsewhere) (March 20, 2011). 87 Notre Dame Law Review 1027 (2012). Available at SSRN: https://ssrn.com/abstract=1790144

Ryan Calo (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

Stanford University - Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

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