The Potemkinism of Privacy Pragmatism

[Commentary] A revolution is afoot in privacy regulation. In an assortment of white papers and articles, business leaders -- including Microsoft -- and scholars argue that instead of regulating privacy through limiting the collection of data, we should focus on how the information is used. It’s called “use regulation,” and this seemingly obscure issue has tremendous implications for civil liberties and our society. Ultimately, it can help determine how much power companies and governments have. But the newfound support of privacy regulation among big businesses masks a radically deregulatory agenda. A regime that only pays attention to use erects a Potemkin Village of privacy. From a distance, it looks sound. But living within it we will find no shelter from the sun or rain.

[Chris Jay Hoofnagle teaches computer crime law and privacy law at UC–Berkeley]