‘Insurance as the Big Bad Wolf of Big Data’

Max N Helveston, Consumer Protection in the Age of Big Data, 93 Washington University Law Review 859 (2016). In this insightful and well-researched article, Consumer Protection in the Age of Big Data, Professor Max Helveston arguably has opened stage two of a movement in contracts scholarship assessing the dangers and opportunities presented by large scale data aggregation for contract law and practice. Specifically, recent decades of contract scholarship have explored generalized issues surrounding information era contracting practices by producers with access to extraordinary amounts of data regarding their consumers. We could (but probably shouldn’t) refer this early stage as the ‘Oh crap! What does it all mean?’ inquiry; it is probably better to stick with ‘Big Data & Contract 1.0’ … (more)

[Daniel Barnhizer, JOTWELL, 17 May]

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