Privacy on the Books and on the Ground

  title={Privacy on the Books and on the Ground},
  author={Kenneth A. Bamberger and Deirdre K. Mulligan},
  journal={Stanford Law Review},
U.S. privacy law is under attack. Scholars and advocates criticize it as weak, incomplete, and confusing, and argue that it fails to empower individuals to control the use of their personal information. These critiques present a largely accurate description of the law “on the books.” But the debate has strangely ignored privacy “on the ground” - since 1994, no one has conducted a sustained inquiry into how corporations actually manage privacy, and what motivates them. This Article presents… 
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