We analyze personal data protection laws in the United States through the lenses of the economic theories of ex ante safety regulation, ex post liability and information disclosure. Specifically, we consider and contrast how legal and economic theories interpret privacy costs and the remedies to...

The Information Economy produces a host of new injuries to personal privacy. These include damage from data mining, data spills, identity theft, the tracking of online activity, and spam. Policymakers are currently searching for a framework with which to think about the governance of these...

Some critics oppose ICANN’s authorization of closed gTLDs, claiming they could be anticompetitive because closed domain registry operators would have monopoly control over generic TLDs of potentially broad appeal. But this misstates competition on the Internet. But closed gTLDs would provide...

The current tax laws are based heavily on concepts of physical geography, such as controlling premises and physical equipment or employing staff in the jurisdiction. The geographical concepts do not accommodate the cloud business model in any sensible way. As a consequence, the taxation of cloud...

Scholars and practitioners debate whether to expand the scope of the right to be forgotten—the right to have certain links removed from search results—to encompass global search results. The debate centers on the assumption that the expansion will increase the incidence of link removal,...

In this article we argue that the European Union directive on “the right to be forgotten” is unrealistic and suggest instead a series of principles that can protect us from the potentially harmful publication of private information. The dissemination of personal information through public...

There has been on-going discussion regarding the alignment of cloud computing services to a range of European policy objectives. This paper provides an outline of key legal and regulatory aspects arising from recent calls for establishing a Europe-only cloud. After covering the background to...

It is increasingly said that "Big Data is the new oil." The phrase has an optimistic ring to it. Big Data has many productive uses, just like oil. It will be a key resource for the information economy, just as oil has been for the smokestack economy. This article examines the underside of the...

The movement of personal data across national borders is fundamental to the Internet economy. Yet the laws that govern such data flows remain national or, at best, regional. This mismatch weakens privacy protection, increases costs and uncertainty for business, creates tension and political...

This paper reviews the revisions to the data communications parts of the International telecommunications Regulations adopted at this conference. These two bedrock normative rules: 1) open interconnection of devices of all kinds; and 2) resale and sharing of dedicated facilities allowed many...