The talking econony uber, imformation and power
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The talking econony uber, imformation and power
ESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power transactions between strangers on digital platforms. This creates economic and other value but iaises concerns around racial bias, safety, and fairness to competitors and workers that legal scholarship has begun to address. Missing from the literal lire, however. is a fundamental critique of the sha The talking econony uber, imformation and power ring economy grounded in asymmetries of information and pourer. This Essay, coauthored by a law professor and a technology ethnographer who studies woThe talking econony uber, imformation and power
rk, labor, and technology, furnishes such a critique and proposes a meaningful response through updates to consumer protection law.* lane Powell and 1ESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power titute. The authors would like to thank Christo Wilson. Yan Shvarvshnaider. and Michelle Miller al Cowoiter.org-. Nayantara Mehta and Rebecca Smith at the National Employment law Project; participants in the Berkeley law Privacy law Scholars Conference; partici pants in the Loyola law School faculty The talking econony uber, imformation and power workshop; participants in the University of Pennsylvania IP colloquium; and danah boyd, Stacy Abder. Shana Kirnball, Janet Haven. Julia Ticona, AlexaThe talking econony uber, imformation and power
ndra Mateescu. Caroline Jack, and Shannon McGormac k for thoughtful insights, comments, and feedback. The Uber Policy Team also provided helpful commeESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power earch and editing.Rosenblat's ongoing qualitative research on ride-hail drivers from 2014-2017 IS variously funded by Microsoft Research (FUSE grant-Peer Economy. 2014); the MacArthur Foundation (Intelligent & Autonomy Grant. 2014-2016); open Society Foundations (Future of Work. 2014); and the Rober The talking econony uber, imformation and power t Wood Johnson Foundation (Mapping Inequalities in the On-Demand Economy. 2017-2018). Data & Society, a nonprofit research institute where Rosenblat iThe talking econony uber, imformation and power
s employed as a Researcher, has a very long list of generous funders, including Microsoft. the Ford Foundation, and the Digital Trust Foundation. The ESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power ted July 26. 2017). Calo's work on this Essay is funded in his capacity as a professor at the University of Washington School of law Calo's broader scholarship also enjoys support from the uw Tech Policy lab. of which he is one of several Faculty Directors. The Tech Policy lab is generously funded b The talking econony uber, imformation and power y the City of Seattle*; The William and Flora Hewlett Foundation; Knight Foundation; MacArthur Foundation; Microsoft; National Science Foundation; andThe talking econony uber, imformation and power
Rose Foundation Consumer Privacy Rights Fund, all of whom are listed here: Funding. Tech Policy lab. htip://iechpolicytib.org/i'unding/ [hupc//pemuLcESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power Commercial firms have long used what they know about consumers to shape their behavior and maximize profits. Silling between consumers and providers of services. however. sharing economy firms have a unique capacity to monitor and nudge all participants—including people whose livelihoods may depend The talking econony uber, imformation and power on the platform. These firms reveal their monitoring activities only selectively. However, preliminary evidence suggests that sharing economy firms suThe talking econony uber, imformation and power
ch as Uber may already be going too far. leveraging their access to information about users and their control over the user experience to mislead, coeESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power asymmetries of information and power, is well positioned to address this underexamined aspect of the sharing economy. Yet, the regulatory response Io date seems outdated and superficial. To be effective, legal interventions must (I) reflect a deeper understanding of the acts and practices of digital The talking econony uber, imformation and power platforms and (2) limit the incentives for sharing economy firms to abuse their position.INTRC >1)1 (-TION...........................................The talking econony uber, imformation and power
....1625I.The Story ofthe Sharing Economy..............................1634A.Why “Sharing”?............. ............................1635B.Sharing's RESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power ..........16423Access to New Resources..............................1643c. Sharing's Perils.........................................16451Regulatory Arbitrage.................................16452Discrimination.......................................16473Privacy........................................ The talking econony uber, imformation and power ......1647II.Taking in the Sharing Economy...............................1649A.Digital Market Manipulation.............................1650B.Some EvidThe talking econony uber, imformation and power
ence of Digital Market Manipulation in theSharing Economy...,.?....................................16541Taking from the Traditional Consumer..........ESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted t The talking econony uber, imformation and power er Protection Law..................1670A.Consumer Protection: Origins and Purposes...............1671B.Consumer Protection in 2017: From Amway to Uber.........1676c.Updating Consumer Protection law........................16811Detecting Harm.......................................16822Addressing Harms The talking econony uber, imformation and power .....................................1686Conclusion......................................................1689ESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted tESSAYTHE TAKING ECONOMY: UBER. INFORMATION. AND POWERRyan Cate Alex Rosenblatt*Sharing economy firms such as liber and Airbnb facilitate trusted tGọi ngay
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