Given the current risk environment, businesses are obligated to do their utmost to protect systems and ensure consumer confidentiality. Unfortunately, even the prudent and vigilant business entities may still be susceptible to data theft or other outside system intrusion. In this respect, sound...

Regulatory theorists have engaged in an interesting debate over the merits of “collaborative governance.” The term refers to those governance approaches in which regulators, industry and other stakeholders work together on drafting and enforcing rules. Proponents of collaborative governance...

The Federal Trade Commission has taken the lead in the online privacy arena. It initially promoted self-regulation, but eventually realized that self-regulation was not working. Thereafter it began taking legal action against entities that violated the terms of their own privacy policies as...

As the framing chapter of a forthcoming volume on Artificial Intelligence and International Economic Law, this paper introduces three cross-cutting themes that illustrate the relationship between artificial intelligence (AI) and international economic law (IEL): disruption, regulation, and...

This contribution to the Proceedings of the Annual Meeting of the American Society of International Law (ASIL) reflects on discussions at ASIL’s virtual annual meeting in 2021, where the author chaired a panel titled “The Rise of Restrictions on Data Flows and Digital Technologies: National,...

Junk e-mail or spam is rapidly choking off e-mail as a reliable and efficient means of communication over the Internet. Although the demand for human attention increases rapidly with the volume of information and communication, the supply of attention hardly changes. Markets are a social...

The current dispute between the NFL Network and cable operators over carriage arrangements is a sign the market is working rather than failing. Proposed state legislation mandating arbitration for these disputes negates the programming distributor's ability to negotiate price, terms and...

During the last two decades, bundling has become a hot topic for Industrial Organization economists, mainly as a result of legal actions against Microsoft (Crampes and Hollander 2007). In this spirit, the literature has thus far focused on asymmetric settings where one firm holds a monopoly for...

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...

Junk email or spam is rapidly choking off email as a reliable and efficient means of communication over the Internet. While the demand for human attention increases rapidly with the volume of information and communication, the supply of attention hardly changes. Markets are a social institution...