Branding Privacy, Paul Ohm - Minnesota Law Review

This Article proposes that we use the information qualities of trademarks to meet the notice deficiencies of privacy law. It recommends that lawmakers and regulators force almost every company that handles customer information to bind its brand name to a fully specified set of core privacy commitments.18 The name “Facebook,” for example, should be inextricably bound to that company’s specific, fundamental promises about the amount of information it collects and the uses to which it puts that information. If the company chooses someday to depart from these initial core privacy commitments, it must choose a new name to describe its modified service, albeit perhaps one associated with the old name, such as “Facebook Plus” or “Face- book Enhanced.”

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