Privacy, Predictive Analytics, and Electronic Commerce Regulation

Research Handbook on Electronic Commerce Law, John A. Rothchild ed., Edward Elgar Pub., 2016, Forthcoming

28 Pages Posted: 24 Oct 2015

See all articles by Shaun B. Spencer

Shaun B. Spencer

University of Massachusetts School of Law - Dartmouth

Date Written: October 22, 2015

Abstract

This chapter discusses the implications of predictive analytics for consumer privacy and surveys the existing law that could reach predictive analytics in ecommerce. Part II summarizes the prevailing theoretical accounts of privacy. Part III introduces predictive analytics and illustrates its potential uses in ecommerce. Part IV examines how using predictive analytics in ecommerce affects consumer privacy. Part V examines how existing state and federal law could reach merchants’ use of predictive analytics in ecommerce. Finally, Part VI concludes by summarizing the uncertain application of existing law to predictive analytics.

Keywords: Privacy, Predictive Analytics, Electronic Commerce, Internet, Algorithms, Price Discrimination, Customer Segmentation, Predictive Pricing, Discrimination, Disparate Impact, Federal Trade Commission Act, Fair Housing Act, Equal Credit Opportunity Act

Suggested Citation

Spencer, Shaun B., Privacy, Predictive Analytics, and Electronic Commerce Regulation (October 22, 2015). Research Handbook on Electronic Commerce Law, John A. Rothchild ed., Edward Elgar Pub., 2016, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2678325

Shaun B. Spencer (Contact Author)

University of Massachusetts School of Law - Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
508-985-1192 (Phone)

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