The Privacy Fallacy

Uncovers why privacy laws fail at protecting us from corporate data harms and charts a path for reform.

Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.

Autorentext
Ignacio Cofone is the Canada Research Chair in A.I. Law & Data Governance at McGill University and an Affiliated Fellow at the Yale Law School Information Society Project. He writes about how the law should adapt to technological and economic change with a focus on privacy and AI.

Zusammenfassung
Explains how privacy laws are overridden by technology companies and how they can be improved. Drawing from behavioral science, psychology, sociology, and economics, the book dispels misconceptions that trap us into ineffective approaches to growing digital harms. It then develops solutions based on corporate accountability.

Inhalt
Introduction; 1. The traditionalist approach to privacy; 2. The privacy myths: rationality and apathy; 3. The consent illusion; 4. Manipulation by design; 5. Traditionalist data protection rules; 6. Pervasive data harms; 7. Privacy as corporate accountability; Conclusion.

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