Santa Clara High Technology Law Journal Volume 31 Article 4 Issue 3 01/01/2015 January 2015 Limited Consumer Privacy Protections Against the Layers of Big Data Andrew W. Bagley Justin S. Brown Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Intellectual Property Law Commons, and the Science and Technology Law Commons Recommended Citation Andrew W. Bagley and Justin S. Brown, Limited Consumer Privacy Protections Against the Layers of Big Data, 31 Santa Clara High Tech. L.J. 483 (2015). Available at: http://digitalcommons.law.scu.edu/chtlj/vol31/iss3/4 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. V31_BAGLEY & BROWN_FINAL CORRECTIONS (DO NOT DELETE) 6/12/2015 8:25 PM LIMITED CONSUMER PRIVACY PROTECTIONS AGAINST THE LAYERS OF BIG DATA Andrew W. Bagley† & Justin S. Brown†† Consumers give away their data voluntarily and involuntary through their everyday online interactions. Many of these interactions are governed by “click-wrap” agreements in which consumers agree to data use terms with their Internet service provider (ISP), content provider, or an entire computing ecosystem through various layers of the Internet. This phenomenon effectively means that consumers lose control of their data to an endless web of third party big-data brokers unaccountable to the user. All the while, the increasingly dynamic and valuable nature of datasets makes it difficult to predict how data collected today will be used in the future.