David C. Vladeck · October 2014
82 GEO. WASH. L. REV. ARGUENDO 156 (2014)
Professor Ryan Calo’s meticulous critique of the potential for digital marketing to manipulate consumer choice is intended to be a wake-up call to regulators, policymakers, and consumers about the dangers lurking in a digital world. His arguments are powerful and persuasive. We all need to take heed.
This Response takes issue with only three of Professor Calo’s arguments, none of which go to the heart of his thesis. First, although I agree with Professor Calo’s description of the power of digital marketing, there are factors that may mitigate some of the risks he sees looming. Second, Professor Calo may underestimate the ability of regulators, using existing authorities, to respond to some of the worst abuses he forecasts. And finally, although I am sympathetic to Professor Calo’s policy prescriptions, I fear that some of the speech restraints he considers may founder on the shoals of the First Amendment.
This article is a Response to Professor Ryan Calo’s article Digital Market Manipulation.
