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Title:      THE PROBLEM WITH PRIVACY: A MODEST PROPOSAL
Author(s):      Lilian Edwards
ISBN:      972-98947-0-1
Editors:      António Palma dos Reis and Pedro Isaías
Year:      2003
Edition:      2
Keywords:      Consumers and e-commerce in Europe – informational privacy - consumer confidence – law, soft law and data protection – P3P – “code as code” – trust mod
Type:      Short Paper
First Page:      699
Last Page:      704
Language:      English
Cover:      cover          
Full Contents:      click to dowload Download
Paper Abstract:      Consumer choice and power is potentially enhanced by the possibilities offered by the Internet, yet simultaneously consumer privacy is threatened. Fears about privacy are well known to be major source of lack of consumer confidence in on line trading, and thus the problem of privacy is one that needs to be addressed if business-to-consumer e commerce is to thrive in Europe. This paper suggests that conventional means of regulating for privacy – via law, norms or “soft law” are both failing to instil consumer confidence and are in any case impossible to enforce ina global cyberspace, both politically and financially. A technological solution, P3P, is being promoted by some US and academic factions but in fact fails to meet the same criticisms as are levelled at law and “soft law”. This paper instead sets out an initial framework for an alternative proposal, in which the common law institution of “trust” is used to attempt to provide the missing element of trust in B2C e commerce.
   

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