The Law and Economics of Data

In the modern economy, data has replaced oil, according to The Economist, as the world’s most valuable resource. For policymakers, the challenge of how to regulate data is emerging as an increasingly significant issue.

In the case of antitrust law, for example, enforcers are asking how to evaluate the significance of access to data. In particular, enforcers are considering whether a company can have market power in customer data and, if so, what are the implications?

In the sphere of privacy and cybersecurity, policymakers are asking what expectations should we have about how companies collect, safeguard, and use data? Should it matter what types of personal information is at issue—say, shopping patterns versus health care histories?  One form of this discussion is around whether there should be a Consumer Privacy Bill of Rights.

Finally, in the content industry, data increasingly determines which advertisements individuals see, what content is recommended—and whether that content is tied to the monitoring of its consumption—and even decisions surrounding what content is produced. Is this trend enabling more creativity or undermining it? Will it make content more valuable and provide an economic boost to newspapers and music?

To explore these issues, and analyze the legal, technological, and business implications of increased collection and analysis of data, this conference will pull together leaders in government, industry, and academia.