Document Type

Article

Publication Date

2003

Keywords

Internet, data mining, clickstream data

Comments

This article is used by permission of the Virginia Law Review Association

Abstract

This paper addresses the collection of "clickstream data," and sets forth a theory about the legal rules that should govern it. At the outset, I propose a typology for categorizing privacy invasions. A given state of informational privacy may be represented by: the observed behavior, the collecting agent, and the searching agent. Using this typology, I identify the specific sources of concern about collection of clickstream data. Then, based on expected levels of utility and expected transaction costs of "flipping" to a different rule, I argue for a particular set of privacy defaults for data mining.

Publication Citation

89 Virginia Law Review 1037 (2003).

Disciplines

Internet Law

Download

Included in

Internet Law Commons

Share

COinS