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10 J. on Telecomm. & High Tech. L. 273 (2012)
Necessary but Not Sufficient: Standardized Mechanisms for Privacy Notice and Choice

handle is hein.journals/jtelhtel10 and id is 291 raw text is: NECESSARY BUT NOT SUFFICIENT: STANDARDIZED MECHANISMS FOR PRIVACY NOTICE AND CHOICE LORRIE FAITH CRANOR* I. N OTICE AND CHOICE .................................................................. 277 II. PLATFORM FOR PRIVACY PREFERENCES ................................... 279 III. A PRIVACY TAXONOM Y ............................................................. 282 IV. PRIVACY NUTRITION LABELS AND PRIVACY ICONS .................. 286 V. ADOPTION AND ENFORCEMENT ................................................. 295 VI. OPTING OUT OF ONLINE BEHAVIORAL ADVERTISING ............... 299 V II. C ON CLU SION S ............................................................................ 304 For several decades, notice and choice have been key principles of information privacy protection.' Conceptions of privacy that involve the notion of individual control require a mechanism for individuals to understand where and under what conditions their personal information may flow and to exercise control over that flow. Thus, the various sets of fair information practice principles and the privacy laws based on these principles include requirements for providing notice about data practices and allowing individuals to exercise control over those practices. Privacy policies and opt-out mechanisms have become the predominant tools of notice and choice. However, a consensus has emerged that privacy policies are poor mechanisms for communicating * Associate Professor, Computer Science and Engineering & Public Policy and Director, CyLab Usable Privacy and Security Laboratory at Carnegie Mellon University. lorrie@cmu.edu. I presented a very preliminary draft of this paper at Berkeley Law as part of the 4th Annual Privacy Lecture in February 2011. Thanks to respondents Thomas Fetzer and Jennifer Gove, as well as Paul Schwartz and Deirdre Mulligan for their feedback and suggestions. I presented a later draft at the Silicon Flatirons The Economics of Privacy Symposium in December 2011. Discussions with conference participants, several former P3P working group members, and members of the Carnegie Mellon CyLab Usable Privacy and Security Laboratory further informed this paper. 1. See Memorandum from Paul M. Schwartz & Daniel Solove on Notice and Choice: Implications for Digital Marketing to Youth prepared for the Second NPLAN/BMSG Meeting on Digital Media and Marketing to Children (June 29-30, 2009), http://digitalads.org/docurnments/Schwartz-Solove-Notice-Choice-NPLAN-BMSG-memo.pdf

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