The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
This is a contribution to a feshrift devoted to Professor William Schabas. It takes as its starting point President Obama's atrocities prevention and response initiative, a key product of which has been a concerted inter-agency effort to improve the United States' ability to prosecute atrocity crimes by closing gaps in our penal and immigration codes and preventing this country from serving as a safe haven for abusers.
Under a regime of limited economic incentive for creativity and confined commodification of information, humanity produced the greatest portion of human knowledge. To mention some, the Bible, the Qur'an, the Mahābhārata, the Iliad and Odyssey, the Aeneid, the Scandinavian Sagas, the German Lay of the Nibelungs, the Celtic legends of Arthur, the Romances and Chanson De Geste all came to life well before strong economic rights were attached to creativity.
Privacy law scholars tend to be skeptical of markets. Markets “unravel” privacy by penalizing consumers who prefer it, degrade privacy by treating it as just another commodity to be traded, and otherwise interfere with the values or processes that privacy exists to preserve.