Protection
The information revolution threatens to disempower digital consumers by upending our law’s assumptions, just as the Industrial Revolution did. If we are to build an equivalent to the industrial age’s “protective countermovement” for information-age consumers, privacy will be an essential part of that rejuvenation of consumer protection law. First, we need to think and talk critically about consumer protection and informational power in the digital age rather than the current inaccurate rhetoric of rational “users” making “choices” in an “ecosystem” of “innovation.” Second, we should talk about consumers as they actually are—as “situated” consumers who are predictably irrational. Third, the chapter offers a new legal regime for information-age consumer protection, improving existing information rules and deploying new ones. Fourth, it argues that privacy rules can also protect information-age consumers in a more general way by enhancing trust in relationships.