Книга: Code 2.0

(1) Limits on Choice

(1) Limits on Choice

One kind of legislation is designed to limit individual freedom. Just as labor law bans certain labor contracts, or consumer law forbids certain credit arrangements, this kind of privacy law would restrict the freedom of individuals to give up certain aspects of their privacy. The motivation for this limitation could either be substantive or procedural — substantive in that it reflects a substantive judgment about choices individuals should not make, or procedural in that it reflects the view that systematically, when faced with this choice, individuals will choose in ways that they regret. In either case, the role of this type of privacy regulation is to block transactions deemed to weaken privacy within a community.

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