Omri Ben-Shahar and Lior Strahilevitz (University of Chicago Law School and University of Chicago Law School) has posted Contracting Over Privacy: Introduction (Journal of Legal Studies, Vol. 43, No. S2, 2016) on SSRN. Here is the abstract:
This short essay introduces papers presented at the symposium Contracting over Privacy, which took place at the Coase-Sandor Institute for Law and Economics at the University of Chicago in fall 2015. The essay highlights a quiet legal transformation whereby the entire area of data privacy law has been subsumed by consumer contract law. It offers a research agenda for privacy law based on the contracting-over-privacy paradigm.