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The current debate over privacy presents some of the most complex
policy-making challenges we have seen in some time. While data on
consumers have long been used for marketing purposes, the Internet
has substantially increased the flow of personal information. This
has produced great benefits, but it also has raised concerns on the
part of individuals about what information is being collected, how
it is being used and who has access to it. These concerns, in turn,
have led to calls for new government regulation. This study focuses
on the market for personal information used for advertising and
marketing purposes, which is the market affected by most of the
regulatory and legislative proposals now under consideration.
Unfortunately, there has been little careful analysis of these
proposals and their likely consequences. This book attempts to fill
this gap by addressing the following basic questions: Are there
failures' in the market for personal information? If market
failures exist, how do they adversely affect consumers? Can such
failures be remedied by government regulation? Would the benefits
of government regulation exceed the costs? A/LISTA The authors find
that the commercial market for information appears to be working
well and is responding to consumers' privacy concerns. They
conclude that regulation imposed on a medium like the Internet that
is changing so rapidly would have unpredictable and costly
consequences. This study is a product of The Progress & Freedom
Foundation's project on Regulating Personal Information: Balancing
Benefits and Costs. The Progress & Freedom Foundation studies
the impact of the digital revolution and its implications for
public policy. It conductsresearch in fields such as electronic
commerce, telecommunications and the impact of the Internet on
government, society and economic growth. It also studies issues
such as the need to reform government regulation, especially in
technology-intensive fields such as medical innovation, energy and
environmental regulation.
Do the antitrust laws have a place in the digital economy or are
they obsolete? That is the question raised by the government's
legal action against Microsoft, and it is the question this volume
is designed to answer. America's antitrust laws were born out of
the Industrial Revolution. Opponents of the antitrust laws argue
that whatever merit the antitrust laws may have had in the past
they have no place in a digital economy. Rapid innovation makes the
accumulation of market power practically impossible. Markets change
too quickly for antitrust actions to keep up. And antitrust
remedies are inevitably regulatory and hence threaten to `regulate
business'. A different view - and, generally, the view presented in
this volume - is that antitrust law can and does have an important
and constructive role to play in the digital economy. The software
business is new, it is complex, and it is rapidly moving. Analysis
of market definition, contestibility and potential competition, the
role of innovation, network externalities, cost structures and
marketing channels present challenges for academics, policymakers
and judges alike. Evaluating consumer harm is problematic.
Distinguishing between illegal conduct and brutal - but legitimate
- competition is often difficult. Is antitrust analysis up to the
challenge? This volume suggests that antitrust analysis `still
works'. In stark contrast to the political rhetoric that has
surrounded much of the debate over the Microsoft case, the articles
presented here suggest neither that Microsoft is inherently bad,
nor that it deserves a de facto exemption from the antitrust laws.
Instead, they offer insights - for policymakers, courts,
practitioners, professors and students of antitrust policy
everywhere - on how antitrust analysis can be applied to the
business of making and marketing computer software.
The subject of this book - whether or not to extend traditional
telecommunications regulation to high-speed, or broadband, access
to the Internet - is perhaps the most important issue facing the
Federal Communications Commission. The issue is contentious, with
academics and influential economic interests on both sides. This
volume offers updated papers originally presented at a June 2003
conference held by the Progress and Freedom Foundation. The authors
are top researchers in telecommunications.
Do the antitrust laws have a place in the digital economy or are
they obsolete? That is the question raised by the government's
legal action against Microsoft, and it is the question this volume
is designed to answer. America's antitrust laws were born out of
the Industrial Revolution. Opponents of the antitrust laws argue
that whatever merit the antitrust laws may have had in the past
they have no place in a digital economy. Rapid innovation makes the
accumulation of market power practically impossible. Markets change
too quickly for antitrust actions to keep up. And antitrust
remedies are inevitably regulatory and hence threaten to `regulate
business'. A different view - and, generally, the view presented in
this volume - is that antitrust law can and does have an important
and constructive role to play in the digital economy. The software
business is new, it is complex, and it is rapidly moving. Analysis
of market definition, contestibility and potential competition, the
role of innovation, network externalities, cost structures and
marketing channels present challenges for academics, policymakers
and judges alike. Evaluating consumer harm is problematic.
Distinguishing between illegal conduct and brutal - but legitimate
- competition is often difficult. Is antitrust analysis up to the
challenge? This volume suggests that antitrust analysis `still
works'. In stark contrast to the political rhetoric that has
surrounded much of the debate over the Microsoft case, the articles
presented here suggest neither that Microsoft is inherently bad,
nor that it deserves a de facto exemption from the antitrust laws.
Instead, they offer insights - for policymakers, courts,
practitioners, professors and students of antitrust policy
everywhere - on how antitrust analysis can be applied to the
business of making and marketing computer software.
The current debate over privacy presents some of the most complex
policy-making challenges we have seen in some time. While data on
consumers have long been used for marketing purposes, the Internet
has substantially increased the flow of personal information. This
has produced great benefits, but it also has raised concerns on the
part of individuals about what information is being collected, how
it is being used and who has access to it. These concerns, in turn,
have led to calls for new government regulation. This study focuses
on the market for personal information used for advertising and
marketing purposes, which is the market affected by most of the
regulatory and legislative proposals now under consideration.
Unfortunately, there has been little careful analysis of these
proposals and their likely consequences. This book attempts to fill
this gap by addressing the following basic questions: * Are there
'failures' in the market for personal information? * If market
failures exist, how do they adversely affect consumers? * Can such
failures be remedied by government regulation? * Would the benefits
of government regulation exceed the costs?GBP/LISTGBP The authors
find that the commercial market for information appears to be
working well and is responding to consumers' privacy concerns. They
conclude that regulation imposed on a medium like the Internet that
is changing so rapidly would have unpredictable and costly
consequences. This study is a product of The Progress & Freedom
Foundation's project on Regulating Personal Information: Balancing
Benefits and Costs. The Progress & Freedom Foundation studies
the impact of the digital revolution and its implications for
public policy. It conducts research in fields such as electronic
commerce, telecommunications and the impact of the Internet on
government, society and economic growth. It also studies issues
such as the need to reform government regulation, especially in
technology-intensive fields such as medical innovation, energy and
environmental regulation.
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