Professor Joshua A. T. Fairfield, the Director of the Frances Lewis Law Center, recently published his article, “Do-Not-Track” as Contract, 14 Vand. J. Ent. & Tech. L. 545 (2012), in the Vanderbilt Journal of Entertainment & Technology Law.
In the article, Professor Fairfield discusses a do-not-track option in web browsing. While there could be support and enforcement under the Federal Trade Commission, Prof. Fairfield ultimately concludes that the FTC does not have the political will or technological ability to do so currently. Prof. Fairfield argues that instead, users should utilize the power of contract law to impose a do-not-track option on corporations. If websites are able to impose their rules on users, Fairfield concludes that users can likewise impose their rules on websites.
