Money For Your Life: Understanding Modern Privacy

Stacy-Ann Elvy, Paying for Privacy and the Personal Data Economy, 117 Colum. L. Rev. 1369 (2017). Michael Madison The commercial law of privacy has long occupied a relatively marginal place in modern legal scholarship, situated in gaps among doctrinal exposition, critical conceptual elaboration, and economically-motivated modeling. Much of the explanation for the omission is surely technological. Until Internet technologies came along in the mid-1990s, it was difficult to turn private information into a “thing” that was both technically and economically worth buying and selling. Technology and markets have passed the point of no return on that score. Claude Shannon, credited as the author of the insight that all information can be converted into digits, has met Adam Smith. Yet relevant legal scholarship has not quite found its footing. Paying for Privacy and the Personal Data Economy, from Stacy-Ann Elvy, offers a novel way forward. Professor Elvy’s…

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