On Thursday, September 26 – Friday, September 27, 2024, the Program on Economics & Privacy hosted a workshop where authors presented a wide range of empirical research on privacy.
The full agenda for the program may be found here:
PEP’s mission is to inject sound economic analysis into policy discussions surrounding privacy, data security, and other competition and consumer protection issues facing the digital economy. We pursue this mission through research, education, and hosting public policy programs that bring together academics, thought leaders, and government officials for vibrant and balanced discussions.
Program on Economics & Privacy director James Cooper appeared on Our Curious Amalgam, the podcast of the American Bar Association’s Antitrust Law Section. He joined the hosts to discuss the Children’s Online Privacy and Protection Act, proposed changes to the rules enforcing the Act, and the potential tradeoffs to certain proposals.
This one-hour talk examined the recent Department of Justice (DOJ) complaint against Apple, which alleges that Apple has designed and structured its iPhone platform in a manner that violates Section 2 of the Sherman Act. Join us as Professor James Cooper of George Mason University Antonin Scalia Law School, Professor Erika Douglas of Temple University Beasley School of Law, Professor Thom Lambert of the University of Missouri School of Law, and moderator Professor John Yun of George Mason University Antonin Scalia Law School discuss the scope of a platform’s duty to deal, the relevance of privacy considerations in antitrust matters, and the applicability of the seminal Microsoft case in determining the likely outcome.
Panelists
James C. Cooper Professor of Law and Director, Program on Economics & Privacy George Mason University Antonin Scalia Law School
James C. Cooper brings over a decade of public and private sector experience to his research and teaching. Prior to joining the faculty at Scalia Law, he served as Deputy and Acting Director of the Federal Trade Commission’s Office of Policy Planning, Advisor to the Federal Trade Commissioner William Kovacic, and as an associate in the antitrust group of Crowell & Moring, LLP.
Erika M. Douglas Associate Professor of Law Temple University Beasley School of Law
Erika M. Douglas is an Associate Professor at Temple University Beasley School of Law. Her scholarship focuses on the intersection of antitrust, data privacy, and intellectual property law, with particular emphasis on the application of legal theory to new technology. Professor Douglas teaches New Technology Regulation, Patents, and Contracts.
Thom Lambert Wall Chair in Corporate Law and Governance and Professor of Law
University of Missouri School of Law
Professor Lambert’s scholarship focuses on antitrust, corporate and regulatory matters. He is the author of How to Regulate: A Guide for Policymakers (Cambridge Univ. Press 2017) and co-author of Antitrust Law: Interpretation and Implementation 95th ed., Foundation Press, 2013). He has also authored or co-authored numerous book chapters and more than 20 journal articles in publications such as the Antitrust Bulletin, the Boston College Law Review, the Minnesota Law Review, the Texas Law Review and the Yale Journal on Regulation. He blogs regularly at Truth on the Market, a site focused on academic commentary on antitrust, business and economic legal issues.
John M. Yun, Moderator Associate Professor of Law George Mason University Antonin Scalia Law School
John M. Yun is an Associate Professor of Law and an economist who specializes in research at the nexus of antitrust, intellectual property rights, data, and privacy. More broadly, he conducts scholarship in the fields of law & economics, industrial organization, and law & technology— especially as it relates to network effects, multisided platforms, and digital markets. He regularly teaches courses in antitrust, law & economics, and intellectual property.
Garrett A. Johnson, Assistant Professor of Marketing at Boston University Questrom School of Business, and Nico Neumann, Assistant Professor and Fellow, Centre for Business Analytics at the University of Melbourne Business School, are working on a paper titled “The advent of privacy-centric digital advertising: Tracing privacy-enhancing technology adoption.” The paper draft may be read here.
Please see below for a video of Professor Johnson explaining their work.
Earlier this week, the Law & Economics Center‘s Program on Economics & Privacy (PEP), along with the Marion B. Brechner First Amendment Project, filed a comment in response to the Federal Trade Commission’s (FTC) Notice of Proposed Rulemaking to the Children’s Online Privacy Protection Rule.
The comment focuses on those parts of the proposal that are most likely to impact operators’ incentives to provide online services for children: limitations on engagement; data minimization; and duplicative consent requirements. Together, these proposed modifications to the COPPA rule are likely to reduce the quantity and quality of online services for children by directly chilling operators’ incentives to improve their products and by reducing revenue streams needed to produce online services. The comment concludes that for regulatory intervention of this scale, the FTC must conduct a rigorous cost-benefit analysis that compares the reduction in consumer surplus from losses in online services against any benefits in mental and physical health to children, which it simply has failed to do. The comment also points out the legal frailty of these proposals. First, while there may be legitimate reasons to be concerned about children spending too much time on screens, Congress did not design COPPA to address this concern but left that in the hands of parents. Modifications to the COPPA rule adopted to address these concerns go beyond congressional authorization as found in the COPPA statute. Second, restrictions that reduce children’s ability to receive online content and to communicate online violate the First Amendment unless they are narrowly tailored to address an important government interest. Given the lack of empirical evidence the Commission has mustered, the comment concludes the FTC will have serious difficulty convincing a court that encouraging “engagement” (i.e., more speech) is categorically harmful, and the proposed rule modifications that would interfere with engagement will be struck down for failure to identify a government interest.
The Program on Economics & Privacy (PEP), part of the Law & Economics Center at George Mason University Antonin Scalia Law School, has accepted proposals for large-scale empirical research on various facets of the economics of privacy.
Gregory M. Dickinson, Assistant Professor of Law at St. Thomas University Benjamin L Crump College of Law, has published his paper “Privately Policing Dark Patterns” in the Georgia Law Review. The paper may be read here.
Please see below for a video of Professor Dickinson explaining his work.
Venue: George Mason University Antonin Scalia Law School
The Program on Economics & Privacy (PEP) at George Mason University Antonin Scalia Law School held a Research Roundtable on Competition and Consumer Protection Issues Surrounding Information Flows.
A conversation between PEP Director James C. Cooper and Professor Alessandro Acquisti.
Alessandro Acquisti is the Trustees Professor of Information Technology and Public Policy at Carnegie Mellon University’s Heinz College. His research combines economics, behavioral research, and data mining to investigate the role of privacy in a digital society. His studies have promoted the revival of the economics of privacy, advanced the application of behavioral economics to the understanding of consumer privacy valuations and decision-making, and spearheaded the investigation of privacy and disclosures in social media.
Abraham L. Wickelgren, the Fred and Emily Wulff Chair at the University of Texas Law School, has published his paper “The Effect of Consumer Inferences on Privacy Regulation When Information is Costly”. The paper may be read here.
Please see below for a video of Professor Wickelgren explaining his work.
Thom Lambert