Online Advertising, Identity and Privacy

For individuals, the basic architecture of computing is changing. That is obviously about the device itself, with the desktop or laptop computer now being supplemented with other computing devices such as the smartphone and the netbook. That switch, coupled with ubiquitous wireless access, means that many people have access to computing power whenever and wherever.The way in which we use these devices has changed. We have switched from the freestanding world of the desktop computer and the next stage of surfing the Internet net to consume provided content to a world in which users interact with each other. This is the world of Web 2.0, the world of Google, Facebook and Twitter. This is not just a change in use, but also a change in the organization of computing power and storage, cloud-computing in phrase.This is also a world of identity, often direct actual real me, on Facebook and Twitter; an authenticated identity to access my data stored in the cloud when I use Google Reader or Gmail or another cloud-based mail service; and a browser-identity when I use a search service. And this is also a world of advertising. Web 2.0 and cloud-computing services are often free to individuals, but they have to be paid for somehow, at that is usually through advertising. Advertising is also increasingly important in a world in which the integrity of the copy itself has weakened and the copy may no longer serve as a reliable means of organizing payment for content.This combination of identity and advertising means that this will be targeted advertising, that is, advertising directed to some version of me, perhaps actual me as Facebook sees me or browser-me as Google sees me. Regulators are now confronting this intersection of commerce and identity. Individuals have a real interest in seeing targeted advertising work. That advertising supports the free services and content that we have all come to expect on the Internet. But individuals also have a strong interest in controlling their identities.Regulators, especially in the European Union, are moving towards what they regard as "privacy friendly" default settings for information tracking by Web 2.0 providers. To date, default settings have usually put the burden on individuals to opt out of information tracking. An EU privacy-friendly approach would seem to reject that. But Web 2.0 providers and cloud-providers have strong tools for inducing opt in and, indeed, their ability to provide different levels of their services for different individuals should make it possible for them to assess quite carefully what it takes to get individuals to opt in to targeted advertising. So long as those service providers are not blocked from providing different levels of service to individuals who have not elected to receive targeted advertising, moving towards the EU's privacy-friendly defaults may have the virtue of pushing us away from an often not-so-meaningful default opt in towards more meaningfully calibrated opt ins exchanged for higher quality services, such as seeing fewer, better matched ads.

[1]  Richard A. Epstein,et al.  Controlling the Cost of Medical Care: A Dose of Deregulation , 2008 .

[2]  Daniel Abebe,et al.  A Nation Divided: Eastern China, Western China, and the Problem of Global Warming , 2008 .

[3]  Philip J. Cook,et al.  Gun Control after Heller: Threats and Sideshows from a Social Welfare Perspective , 2009 .

[4]  Omri Ben-Shahar,et al.  The Myth of the 'Opportunity to Read' in Contract Law , 2009 .

[5]  Richard A. Epstein,et al.  The Case Against the Employee Free Choice Act , 2009 .

[6]  M. Todd Henderson,et al.  The Nanny Corporation and the Market for Paternalism , 2009 .

[7]  Adam B. Cox,et al.  Immigration Law's Organizing Principles , 2009 .

[8]  Ariel Porat,et al.  Liability for Lapses: First or Second Order Negligence? , 2008 .

[9]  Eric A. Posner,et al.  Which States Enter into Treaties, and Why? , 2008 .

[10]  Richard H. McAdams,et al.  Beyond the Prisoners' Dilemma: Coordination, Game Theory, and Law , 2008 .

[11]  Richard A. Posner,et al.  Inferring the Winning Party in the Supreme Court from the Pattern of Questioning at Oral Argument , 2010, The Journal of Legal Studies.

[12]  Richard A. Epstein,et al.  Marking to Market: Can Accounting Rules Shake the Foundations of Capitalism? , 2009 .

[13]  Richard A. Epstein How to Undermine Tax Increment Financing: The Lessons of Prologis v. City of Chicago , 2009 .

[14]  Randal C. Picker,et al.  The Google Book Search Settlement: A New Orphan-Works Monopoly? , 2009 .

[15]  Omri Ben-Shahar,et al.  A Bargaining Power Theory of Gap-Filling , 2008 .

[16]  William A. Birdthistle,et al.  One Hat Too Many-Investment Desegregation in Private Equity , 2009 .

[17]  E. Posner,et al.  Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008 , 2008 .

[18]  Christopher Buccafusco,et al.  Welfare as Happiness , 2009 .

[19]  C. Sunstein,et al.  Judging National Security Post‐9/11: An Empirical Investigation , 2008, The Supreme Court Review.

[20]  Tom Ginsburg,et al.  Guarding the Guardians: Judicial Councils and Judicial Independence , 2009 .

[21]  B. Harcourt,et al.  Neoliberal Penality: The Birth of Natural Order, the Illusion of Free Markets , 2008 .

[22]  R. Zeckhauser,et al.  Overreaction to Fearsome Risks , 2008 .

[23]  Richard A. Epstein,et al.  The Many Faces of Fault in Contract Law: Or How to Do Economics Right , 2008 .

[24]  D. Weisbach,et al.  The Design of a Carbon Tax , 2009 .

[25]  Tom Ginsburg Public Choice and Constitutional Design , 2009 .

[26]  C. Sunstein,et al.  Two Conceptions of Irreversible Environmental Harm , 2008 .

[27]  Omri Ben-Shahar How to Repair Unconscionable Contracts , 2008 .

[28]  Richard A. Epstein,et al.  Public Use in a Post-Kelo World , 2009, Supreme Court Economic Review.

[29]  E. Posner,et al.  Are Judges Overpaid? A Skeptical Response to the Judicial Salary Debate , 2007 .

[30]  T. Miles,et al.  Judicial Ideology and the Transformation of Voting Rights Jurisprudence , 2008 .

[31]  R. Epstein,et al.  Introduction to 'The Going Private Phenomenon: Causes and Implications' , 2008 .

[32]  J. Nash,et al.  The Uneasy Case for Transjurisdictional Adjudication , 2008 .

[33]  L. Strahilevitz The Right to Abandon , 2009 .

[34]  B. Harcourt Post-Modern Meditations on Punishment: On the Limits of Reason and the Virtues of Randomization , 2010 .

[35]  Randal C. Picker Competition and Privacy in Web 2.0 and the Cloud , 2008 .

[36]  Luigi Zingales,et al.  The Housing Crisis and Bankruptcy Reform: The Prepackaged Chapter 13 Approach , 2009 .

[37]  D. Weisbach,et al.  Responsibility for Climate Change, by the Numbers , 2009 .

[38]  Bernard E. Harcourt,et al.  Abolition in the U.S.A. by 2050: On Political Capital and Ordinary Acts of Resistance , 2008 .

[39]  J. Nash,et al.  Taxes and the Success of Non-Tax Market-Based Environmental Regulatory Regimes , 2008 .

[40]  Janice Nadler,et al.  Coordinating in the Shadow of the Law: Two Contextualized Tests of the Focal Point Theory of Legal Compliance , 2008 .

[41]  Eric A. Posner,et al.  Which States Have the Best (and Worst) High Courts? , 2008 .

[42]  J A Richmond,et al.  Documenting discrimination. , 1990, Journal of the American Medical Women's Association.

[43]  Randal C. Picker,et al.  The Mediated Book , 2009, Supreme Court Economic Review.

[44]  Paul J. Heald,et al.  Bestselling Musical Compositions (1913-32) and Their Use in Cinema (1968-2007) , 2008 .

[45]  Richard A. Epstein The Disintegration of Intellectual Property , 2008 .

[46]  Cass R. Sunstein,et al.  Second Amendment Minimalism: Heller as Griswold , 2008 .

[47]  E. Posner,et al.  The Rights of Migrants , 2009 .

[48]  Eric A. Posner,et al.  Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law , 2009 .

[49]  Omri Ben-Shahar,et al.  An Information Theory of Willful Breach , 2009 .

[50]  Paul J. Heald Optimal Remedies for Patent Infringement: A Transactional Model , 2008 .

[51]  M. Todd Henderson,et al.  The Impotence of Delaware's Taxes: A Short Response to Professor Barzuza's 'Delaware's Compensation' , 2008 .

[52]  C. Sunstein,et al.  Four Failures of Deliberating Groups , 2008 .

[53]  Richard A. Epstein,et al.  Bell Atlantic v. Twombly: How Motions to Dismiss Become (Disguised) Summary Judgments , 2008 .

[54]  M. Henderson,et al.  Two Visions of Corporate Law , 2009 .