Privacy as Censorship: A Skeptical View of Proposals to Regulate Privacy in the Private Sector

This paper considers the basic arguments underlying many proposals to regulate information about consumers to require notice and consent before information is collected or used. The paper considers the conflict between such privacy or data protection rules, and rules that maintain free speech and the freedom of information, according to which facts, information, and opinions circulate with few restraints. The paper notes the ways in which businesses and consumers, particularly start-ups, can benefit from the circulation of consumer information in the economy. The paper concludes that top-down privacy mandates make little sense and can harm consumers and economic growth.