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Big Data Brokers as Fiduciaries

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2 Responses

  1. Not entirely on point, but I find it rather intriguing how the “fiduciary model” has increasingly been found attractive in several disciplinary domains and fields of inquiry outside its original domain of application. For example, Evan J. Criddle and Evan Fox-Decent have proffered “A Fiduciary Theory of Jus Cogens” [peremptory norms in international law] in the Yale Journal of International Law, Vol. 34 (2009): 331-387, and Fox-Decent alone has penned a very important book in political theory, Sovereignty’s Promise: The State as Fiduciary (2011). The fiduciary model is likewise found in “ecological economics” and environmental law, and Gandhi’s economic theory has been correctly characterized as a theory of “trusteeship” in respective works by Raghavan Iyer and Ajit K. Dasgupta.

  2. Frank Pasquale says:

    Really visionary approach here; courts really need to pay attention. I’d love to see this as part of the “Privacy Papers for Policy Makers” series.

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