Introduction

As the previous two chapters indicated, the threat to personal privacy due to the ever-expanding flow of personal data online is the most significant pubic policy concern that has yet to be spawned by the Internet. In the past few years, however, websites are increasingly claiming to address this concern adequately. Privacy advocates have generally been unimpressed with these efforts by websites. Some commentators have claimed that the website industry's new data norms are pathetic and insincere attempts to address burgeoning privacy concerns. Jessica Litman states that industry self-regulation has been an “abject failure.” Whether the new website norms really do increase the supply of privacy is a contentious matter that will be addressed later. What is not contentious is that the website industry has responded to demands for greater online privacy with a new set of industry norms regarding the collection and use of consumer data. This chapter will seek to better understand what has motivated websites to adopt these new norms. This chapter completes the supply-and-demand model of the emergence of website privacy norms that was initiated in the last chapter. Chapter Thirteen considered the demand side of the equation, looking at the role that has been played by norm proselytizers and other norm entrepreneurs in stimulating consumers to demand online privacy with respect to their personal data.