Why privacy online is different, and why it isn't.

Spurred by revelations in mainstream media of surreptitious monitoring, much of it spurred by the ascent of behavioral advertising, there has been a resurgence of interest in online privacy among government agencies and the general public. Despite its acknowledged failure, in the United States, notice-and-consent, fortified in one way or another, remains the fallback mechanism for privacy protection. In this talk, I will outline an approach based in the theory of contextual integrity that calls for a different starting place. I argue that notice-and-consent can function only against the backdrop of context-based substantive norms constraining what websites may do; what information they can collect, with whom they can share, and under what conditions. As a first step, however, it is useful to understand the role commerce has played in setting the agenda and how this influence should be contained.

Speaker: Helen Nissenbaum, NYU