Tolls on the Information Superhighway: Entitlement Defaults for Clickstream Data

68 Pages Posted: 20 May 2012  

Lee Kovarsky

University of Maryland, Francis King Carey School of Law

Date Written: May 19, 2012

Abstract

This paper addresses the collection of "clickstream data," and sets forth a theory about the legal rules that should govern it. At the outset, I propose a typology for categorizing privacy invasions. A given state of informational privacy may be represented by: the observed behavior, the collecting agent, and the searching agent. Using this typology, I identify the specific sources of concern about collection of clickstream data. Then, based on expected levels of utility and expected transaction costs of "flipping" to a different rule, I argue for a particular set of privacy defaults for data mining.

Keywords: cookies, privacy, tort, contracts, default rules, clickstream, searches, fourth amendment

Suggested Citation

Kovarsky, Lee, Tolls on the Information Superhighway: Entitlement Defaults for Clickstream Data (May 19, 2012). Virginia Law Review, Vol. 89, No. 1038, 2003. Available at SSRN: https://ssrn.com/abstract=2061514

Lee Benjamin Kovarsky (Contact Author)

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

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
434.466.8257 (Phone)

HOME PAGE: http://www.law.umaryland.edu/faculty/profiles/faculty.html?facultynum=838

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