From the abstract:
"This Article
examines the scope of Sorrell v. IMS Health, its potential impact on
legislative efforts to enact comprehensive consumer privacy legislation, and
its implications for targeted Internet advertising.
Part I provides a general overview of ad-targeting technology, emphasizing the
tension between its capacity to fuel economic growth and its tendency to
neglect consumer privacy interests. Part II traces the development of growing
public concern over consumer privacy, subsequent proposals to enact
legislation, and the proliferation of widespread speculation about Sorrell’s
impact upon such legislative reform. Part III goes beyond the hype around the
case to provide a detailed analysis demonstrating why Sorrell does not preempt
current legislative proposals to enact consumer privacy. Accordingly, this
Article concludes that policymakers should embrace Sorrell as a blueprint for
formulating regulations that strike an appropriate balance between freedom of
expression and consumer privacy interests." Read more
