Article
Privacy on the Books and on the Ground
by Kenneth A. Bamberger & Deirdre K. Mulligan
U.S. privacy law is under attack. Scholars and advocates criticize it as weak, incomplete, and confusing, and argue that it fails to empower individuals to control the use of their personal information. These critiques present a largely accurate description of the law “on the books.” But the debate has strangely ignored privacy “on the ground”—since…