Against Notice Skepticism In Privacy (And Elsewhere)
University of Washington - School of Law; Stanford University - Law School; Yale Law School
March 20, 2011
87 Notre Dame Law Review 1027 (2012)
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.
Number of Pages in PDF File: 46
Keywords: notice, visceral notice, privacy
Date posted: March 21, 2011 ; Last revised: October 4, 2012