Tolls on the Information Superhighway: Entitlement Defaults for Clickstream Data
University of Maryland, Francis King Carey School of Law
May 19, 2012
Virginia Law Review, Vol. 89, No. 1038, 2003
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.
Number of Pages in PDF File: 68
Keywords: cookies, privacy, tort, contracts, default rules, clickstream, searches, fourth amendment
Date posted: May 20, 2012