To date, there have been few theoretical inquiries into the relationship between the technological innovation and basic objectives of consumer protection laws. This book addresses this need by considering the impact of technological innovation on the foun

List of Contributors

vii

Acknowledgements

ix

Introduction: Is Consumer Protection an Anachronism in the Information Economy?

Jane K. Winn

1

(14)

Part 1 What Does It Mean to "Protect Consumers" in the Twenty-First Century?

1 From The Jungle to The Matrix: The Future of Consumer Protection in Light of Its Past

Norman Silber

15

(20)

2 The Internet, Consumer Protection and Practical Knowledge

Edward Rubin

35

(24)

3 Globalization, the Third Way and Consumer Law: The Case of the U.K.

59

(22)

Iain Ramsay

4 Information Liability and the Challenges of Law Reform: An Introductory Note

Michael Traynor

81

(18)

5 Information Technology Standards as a Form of Consumer Protection Law

Jane K. Winn

99

(22)

Part 2 Can a Fair Balance Be Struck in Intellectual Property Law Between Innovators and Consumers?

6 Distinguishing Dastar: Consumer Protection, Moral Rights and Section 43(a)

Glynn S. Lunney, Jr.

121

(34)

7 Some Copyright Consumer Conundrums

David McGowan

155

(22)

Part 3 New Rules for New Deals? The Impact of New Business Models on Old Contract Law

8 New Basics: Twelve Principles for Fair Commerce in Mass-Market Software and Other Digital Products

Jean Braucher

177

(28)

9 Contract, not Regulation: UCITA and High-Tech Consumers Meet Their Consumer Protection Critics

Richard A. Epstein

205

(36)

10 Rolling Contracts as an Agency Problem

Clayton P. Gillette

241

(42)

11 Online Consumer Standard Form Contracting Practices: A Survey and Discussion of Legal Implications

Robert A. Hillman

283

(30)

12 From Consumer to Person? Developing a Regulatory Framework for Non-Bank E-Payments

Anita Ramasastry

313

(28)

Part 4 Information Privacy: Who Knows What About Consumers and What Should Be Done About It?

13 The Failure of Fair Information Practice Principles

Fred H. Cate

341

(38)

14 Privacy Self-Regulation: A Decade of Disappointment

Chris Jay Hoofnagle

379

(24)

Bibliography

403

(32)

Index

435

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