Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 6-1-2014 Alan Westin's Privacy Homo Economicus Chris Jay Hoofnagle Berkeley Law Jennifer M. Urban Berkeley Law Follow this and additional works at: http://scholarship.law.berkeley.edu/facpubs Part of the Law Commons Recommended Citation Chris Jay Hoofnagle and Jennifer M. Urban, Alan Westin's Privacy Homo Economicus, 49 Wake Forest L. Rev. 261 (2014), Available at: http://scholarship.law.berkeley.edu/facpubs/2395 This Article is brought to you for free and open access by Berkeley Law Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact
[email protected]. ALAN WESTIN'S PRIVACY HOMO ECONOMICUS ChrisJay Hoofnagle* JenniferM. Urban" INTRODUCTION A regime of "notice and choice" largely governs U.S. Internet privacy law.' Companies, long encouraged by regulators, issue privacy policieS2 for consumers to read and act upon. In theory, * Chris Jay Hoofnagle is a lecturer in residence at the University of California, Berkeley, School of Law, where he teaches computer crime law, privacy, Internet law, and a seminar on the Federal Trade Commission. ** Jennifer M. Urban is an Assistant Clinical Professor of Law and Director of the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley, School of Law. She teaches and researches in the fields of privacy, intellectual property, and information policy. The authors thank Dr. Su Li, Dr. Joseph Turow, Jennifer King, Deirdre K. Mulligan, Tal Zarsky, Michael Birnhack, our Princeton Survey Research Associates colleagues, Larry Hugick and Margie Engle-Bauer, and Robert Barr for support in framing questions, analyzing data, and raising funds for this multiple-year effort.