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Record W4393019924 · doi:10.7202/1105760ar

Deceptive Design and Ongoing Consent in Privacy Law

2021· article· en· W4393019924 on OpenAlexaboutno aff
Jeremy Wiener

Bibliographic record

VenueOttawa Law Review · 2021
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicDispute Resolution and Class Actions
Canadian institutionsnot available
Fundersnot available
KeywordsInternet privacyPrivacy lawLawInformation privacyPsychologyComputer securityPolitical scienceComputer sciencePrivacy policy

Abstract

fetched live from OpenAlex

The Consumer Privacy Protection Act is the first proposed privacy statute to regulate the deceptive privacy practices that undermine individuals’ right to consent. The problem is that there is no framework for determining how the Act might actually apply. This article resolves the issue by filling three gaps in the literature.First, it categorizes different types of deception according to privacy law’s notice-and-choice framework, providing a method of analysis for scholars and regulators. It then concretizes the framework by comparatively surveying investigations led by the United States’ Federal Trade Commission and Office of the Privacy Commissioner of Canada (OPC). This will shed light on how the Act can be interpreted, and will constitute a comprehensive survey of a thematic area of OPC investigations.Finally, the article explores whether the Act defines consent as an act of ongoing agency, which would protect peoples’ privacy by covering deception that occurs not only at “I agree moments,” but also beyond “I agree moments.” Ultimately, this article guides judges and regulators in enforcing the Act, assists policy-makers in developing more statutory provisions that regulate deceptive privacy practices, and contributes to doctrine by filling the aforementioned gaps.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.048
metaresearch head score (Gemma)0.061
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.048
Threshold uncertainty score0.252

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0480.061
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.003
Science and technology studies0.0080.111
Scholarly communication0.0160.018
Open science0.0030.006
Research integrity0.0120.013
Insufficient payload (model declined to judge)0.0030.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.049
GPT teacher head0.284
Teacher spread0.236 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2021
Admission routes1
Has abstractyes

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Same venueOttawa Law ReviewSame topicDispute Resolution and Class ActionsFrench-language works237,207