Consumer Privacy in a Behavioral World

38 Pages Posted: 19 Apr 2018 Last revised: 22 Aug 2018

See all articles by Ignacio Cofone

Ignacio Cofone

McGill University Faculty of Law

Adriana Robertson

University of Chicago Law School; European Corporate Governance Institute (ECGI)

Date Written: August 18, 2018


In 2017, Congress repealed the FCC’s latest attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of this decision on consumer privacy in light of biased beliefs and information overload. We do so through a well-documented behavioral bias: Non-belief in the Law of Large Numbers. In doing so, we provide a framework for deciding why and how to protect consumer privacy. We then suggest private law and regulatory solutions to do so in a more effective way than either the current or the now-repealed regime.

Keywords: Consumer Privacy, Behavioral Law & Economics, ISP, Consumer Law, Biases, Information Privacy

Suggested Citation

Cofone, Ignacio and Robertson, Adriana, Consumer Privacy in a Behavioral World (August 18, 2018). Hastings Law Journal, Vol. 69, 2018, Available at SSRN:

Ignacio Cofone (Contact Author)

McGill University Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec


Adriana Robertson

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels

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