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Many people view Samuel Warren and Louis Brandeis's 1890 work, The Right to Privacy,1 as the starting point for the consumer privacy laws in the United States. Alarmed that "[instantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that 'what is whispered in the closet shall be proclaimed from the house-tops,'" they argued for the right to prevent invasions of privacy by the press, particularly by photographers, and "to be let alone."2 Noting the protections for private letters and for works of art and literature, which they characterize as "a general right to privacy for thoughts, emotions, and sensations," Warren and Brandéis asserted "these should receive the same protection, whether expressed in writing, or in conduct, in conversation, in attitudes, or in facial expression."3
Warren and Brandeis's concerns about the ability of technology to invade the private sphere continue to resonate today, 125 years later. The technology encroaching on privacy now is, of course, the Internet-or, to be more precise, the technologies that permit the tracking and aggregation of individual consumers' online behavior and that support the many services that financially sustain the broader Internet ecosystem. These technologies also facilitate the advent of "big data"-a term used to describe the collection, storage, and analysis of datasets that have large volume, significant variety, and high velocity, sometimes fed by the melding of online and offline data.
Nearly everyone agrees the Internet has transformed how we live and interact, largely for the better. Similar optimism exists about the benefits of big data.4 But not everyone agrees on how much this transformation has, or should, cost in terms of privacy losses. Ardent advocates of an "Internet of Things" believe that people are consciously choosing to trade at least some privacy for otherwise free and improved content and services. For instance, Facebook CEO Mark Zuckerberg famously claimed privacy is disappearing as a social norm.5 Many consumers, however, are worried about the privacy losses associated with extensive collection and manipulation of consumer information online.6
As was the case in Warren and Brandeis's day, numerous proposals have surfaced for how to defend expectations of personal privacy while still realizing the benefits of commercialized technology....