Preface
1 Introduction to U.S. data privacy law
PARTI PRIVACY LAW'S FIRST WAVE
2 The first wave of notice-and-consent
2.1 Origins of notice-and-consent
2.2 What is notice-and-consent?
2.3 Justifications for the notice-and-consent regime
2.4 Meaning of privacy in the first wave
3 The illusions of the first wave
3.1 The illusion of comprehension at scale
3.2 The illusion of rationality
3.3 The illusion of real choice
3.4 The weaponization of consent against individuals
3.5 Conclusion
PART II PRIVACY LAW'S SECOND WAVE
4 Rights and compliance
4.1 What are the rights?
4.2 Compliance
4.3 Origins of the second wave
4.4 The political economy of the first and second waves
4.5 The meaning of privacy in the second wave
5 The weaknesses of individual privacy rights
5.1 The social critique
5.2 The behavioral critique
5.3 The practical critique
5.4 The expressive critique
5.5 The structural critique
5.6 Conclusion
6 Symbolic compliance and the managerialization of privacy law
6.1 The framing critique
6.2 The symbolic critique of collaborial
6.3 The power critique
6.4 The competition critique
6.5 The internal critique
6.6 Conclusion
PART III PRIVACY LAW'S THIRD WAVE
7 Alternatives to the first and second waves
7.1 What are non-reformist reforms
7.2 Privacy discourses
7.3 Power and policy
7.4 Making privacy decisions
7.5 Conclusion
8 Conclusions on U.S. Data Privacy Law
Bibliography
Index