Privacy & Data Collection

Research

The Pursuit of Privacy in a World Where Information Control Is Failing Adam Thierer \| Mar 18, 2013 This Article—which focuses not on privacy rights against the government, but against private actors—cuts against the grain of much modern privacy scholarship by suggesting that expanded regulation is not the most constructive way to go about ensuring greater online privacy.	Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle Adam Thierer \| Jan 25, 2013 This paper will consider the structure of fear appeal arguments in technology policy debates and then outline how those arguments can be deconstructed and refuted in both cultural and economic contexts. Several examples of fear appeal arguments will be offered with a particular focus on online child safety, digital privacy, and cybersecurity. The various factors contributing to “fear cycles” in these policy areas will be documented.
The Perils of Classifying Social Media Platforms as Public Utilities Adam Thierer \| Mar 19, 2012 The problems long associated with regulating public utilities could occur with social networks in the absence of competitive pressure.	Kids, Privacy, Free Speech & the Internet Adam Thierer \| Aug 12, 2011 This paper discusses the unintended consequences of well-intentioned efforts to expand privacy regulations under the Children's Online Privacy Protection Act of 1998.
Unappreciated Benefits of Advertising and Commercial Speech Adam Thierer \| Jan 14, 2011 Consequences of regulating commercial advertising and marketing will hurt consumer welfare both directly and indirectly.

Testimony & Comments

A Status Update on the Development of Voluntary Do-Not-Track Standards

Adam Thierer | Apr 24, 2013

Even if Do Not Track takes root and some consumers turn it on, many will be incentivized by ad networks or publishers to opt right back in to “tracking” to retain access to sites and services they desire. In doing so, they may end up sharing even more information than they do today. Moreover, this may drive still greater consolidation since larger players will be in a position to grant Internet-wide opt-in exceptions, while smaller providers cannot…

Federal Aviation Administration: Unmanned Aircraft System Test Site Program

Jerry Brito, Eli Dourado, Adam Thierer | Apr 23, 2013

In analyzing the proposed policies being developed to carry out Congress’s mandate, it is important to remember that the purpose of the mandate is to open America’s skies to commercial UAS use in order to reap the social benefits that such use will bring.

Public Interest Comment on the Children’s Online Privacy Protection Rule

Adam Thierer | Dec 22, 2011

In this public interest comment to the Federal Trade Commission, Adam Thierer addresses how the Children’s Online Privacy Protection Act (COPPA) affects online content and digital innovation.

Research Summaries & Toolkits

Mercatus Center Policy Guide

| Aug 03, 2012

The Mercatus Center at George Mason University is pleased to provide you with our new policy guide. The guide is designed to provide easily accessible economic information that might prove useful in pre- paring for hearings or town hall meetings, drafting speeches or policy papers, and generally educating the public regarding spending, taxes, regulation, financial markets, and technology policy.

Online Privacy Regulation

Adam Thierer | Dec 06, 2010

Online privacy regulation could fundamentally alter the nature of online commerce and the future of how digital content and services are provided.

Expert Commentary

A Net Skeptic's Conservative Manifesto Reason By Adam Thierer \| Apr 27, 2013 Evgeny Morozov’s latest book, To Save Everything, Click Here, follows the same blueprint as his first book, 2011’s The Net Delusion. He takes the over-zealous ramblings of a handful of Internet evangelists, suggests that Pollyannas like them are all around us, and then argues, implausibly, that their very ideas threaten to undermine our culture or humanity in some fashion. Along the way, he doles out generous heapings of unremitting, snarky scorn.	Deregulate the Skies: Why We Can’t Afford to Fear Drones Wired By Eli Dourado \| Apr 23, 2013 The most important lesson of the internet age is that we can’t anticipate what will happen when we give people — from talented engineers and developers to everyday users — an exciting new platform … along with the freedom to innovate on top of it.
It's Time To Deal With Patent 'Trolls' U.S. News and World Report By Eli Dourado \| Mar 19, 2013 While the SHIELD Act may provide some modest relief for Silicon Valley firms against spurious lawsuits, it doesn't solve the real problem that the Valley and other industries have—that patents do more harm than good in their particular area of innovation.	Le Stasis C’est Moi The Umlaut By Jerry Brito \| Feb 21, 2013 While you might drive an Audi and shop at Ikea, you likely can’t even think of a European Internet company. Some would argue that the EU’s strict privacy regulations inhibit Internet entrepreneurship in the continent, but there seems to be something else going on since they don’t seem to keep U.S. firms from doing business there. Well, just barely.
Why We Should Fear a Do-Something Congress The Umlaut By Jerry Brito \| Feb 07, 2013 As more inevitable breaches are reported, the public will demand that Congress “do something” about the cyber threat from abroad—even if they have no idea what that something should be. As a result, Congress will be more than happy to act by spending gobs of money on “cyber R&D and scholarships,” by exempting companies from privacy laws, and even by licensing cybersecurity professionals.	Aaron Swartz: The Punishment Did Not Fit the Crime Reason By Jerry Brito \| Jan 31, 2013 Aaron Swartz, a 26-year-old computer prodigy and Internet activist, was facing decades in prison for violating federal hacking laws when he took his own life earlier this month. Many commentators, including Lawrence Lessig and Glenn Greenwald, have argued that prosecutorial zeal drove Swartz to hang himself. They’re certainly right. Yet prosecutorial discretion would not have mattered much if the possibility of such draconian punishment did not exist.

More Expert Commentary

Experts

Jerry Brito

Jerry Brito is a senior research fellow at the Mercatus Center and directs the Technology Policy Program. His primary research interests are technology and telecommunications policy, government transparency and accountability, and the regulatory process.

Adam Thierer

Adam Thierer is a senior research fellow at the Mercatus Center at George Mason University with the Technology Policy Program. His primary research interests are technology, media, Internet, and free speech policy issues, with a particular focus on online child safety and digital privacy policy issues.

Videos

The U.N. and the Internet: Previewing the World Conference on International Telecommunication

Eli Dourado, Jerry Brito, Paul Brigner, Gary Fowlie, Milton L. Mueller, Terry D. Kramer | November 14, 2012

The Great Privacy Debate

Adam Thierer | July 24, 2012

Podcasts

Jerry Brito Discusses WCIT on Federal News Radio

Jerry Brito | December 04, 2012

Jerry Brito Discusses WCIT on Federal News Radio.

Download the MP3

More Podcasts

The Pursuit of Privacy in a World Where Information Control Is Failing Adam Thierer \| Mar 18, 2013 This Article—which focuses not on privacy rights against the government, but against private actors—cuts against the grain of much modern privacy scholarship by suggesting that expanded regulation is not the most constructive way to go about ensuring greater online privacy.	Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle Adam Thierer \| Jan 25, 2013 This paper will consider the structure of fear appeal arguments in technology policy debates and then outline how those arguments can be deconstructed and refuted in both cultural and economic contexts. Several examples of fear appeal arguments will be offered with a particular focus on online child safety, digital privacy, and cybersecurity. The various factors contributing to “fear cycles” in these policy areas will be documented.
The Perils of Classifying Social Media Platforms as Public Utilities Adam Thierer \| Mar 19, 2012 The problems long associated with regulating public utilities could occur with social networks in the absence of competitive pressure.	Kids, Privacy, Free Speech & the Internet Adam Thierer \| Aug 12, 2011 This paper discusses the unintended consequences of well-intentioned efforts to expand privacy regulations under the Children's Online Privacy Protection Act of 1998.
Unappreciated Benefits of Advertising and Commercial Speech Adam Thierer \| Jan 14, 2011 Consequences of regulating commercial advertising and marketing will hurt consumer welfare both directly and indirectly.

A Net Skeptic's Conservative Manifesto Reason By Adam Thierer \| Apr 27, 2013 Evgeny Morozov’s latest book, To Save Everything, Click Here, follows the same blueprint as his first book, 2011’s The Net Delusion. He takes the over-zealous ramblings of a handful of Internet evangelists, suggests that Pollyannas like them are all around us, and then argues, implausibly, that their very ideas threaten to undermine our culture or humanity in some fashion. Along the way, he doles out generous heapings of unremitting, snarky scorn.	Deregulate the Skies: Why We Can’t Afford to Fear Drones Wired By Eli Dourado \| Apr 23, 2013 The most important lesson of the internet age is that we can’t anticipate what will happen when we give people — from talented engineers and developers to everyday users — an exciting new platform … along with the freedom to innovate on top of it.
It's Time To Deal With Patent 'Trolls' U.S. News and World Report By Eli Dourado \| Mar 19, 2013 While the SHIELD Act may provide some modest relief for Silicon Valley firms against spurious lawsuits, it doesn't solve the real problem that the Valley and other industries have—that patents do more harm than good in their particular area of innovation.	Le Stasis C’est Moi The Umlaut By Jerry Brito \| Feb 21, 2013 While you might drive an Audi and shop at Ikea, you likely can’t even think of a European Internet company. Some would argue that the EU’s strict privacy regulations inhibit Internet entrepreneurship in the continent, but there seems to be something else going on since they don’t seem to keep U.S. firms from doing business there. Well, just barely.
Why We Should Fear a Do-Something Congress The Umlaut By Jerry Brito \| Feb 07, 2013 As more inevitable breaches are reported, the public will demand that Congress “do something” about the cyber threat from abroad—even if they have no idea what that something should be. As a result, Congress will be more than happy to act by spending gobs of money on “cyber R&D and scholarships,” by exempting companies from privacy laws, and even by licensing cybersecurity professionals.	Aaron Swartz: The Punishment Did Not Fit the Crime Reason By Jerry Brito \| Jan 31, 2013 Aaron Swartz, a 26-year-old computer prodigy and Internet activist, was facing decades in prison for violating federal hacking laws when he took his own life earlier this month. Many commentators, including Lawrence Lessig and Glenn Greenwald, have argued that prosecutorial zeal drove Swartz to hang himself. They’re certainly right. Yet prosecutorial discretion would not have mattered much if the possibility of such draconian punishment did not exist.

Mercatus Center

Privacy & Data Collection