Niva Elkin-Koren

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The Chilling Effect of Governance-by-Data on Data Markets
Niva Elkin-Koren
Professor, University of Haifa Faculty of Law; Director, Center for Cyber Law and Policy, University of Haifa; Faculty Associate, Berkman Klein Center for Internet & Society, Harvard University.

We would like to thank Rabeea Assy, Harry First, Eleanor Fox, Tamar Indig, Marcel Kahan, Yafit Lev-Aretz, Hans-Wolfgang Micklitz, Alan Miller, Ariel Porat, Daniel Richman, Eden Sarid, Catherine Sharkey, Katherine Strandburg, Alina Wernick, participants of the Competition, Innovation, and Information Law (CIIL) Speakers Series and the Privacy Research Group at NYU School of Law, and The University of Chicago Law Review Symposium on Personalized Law for most thoughtful comments and discussions. Thanks to Ilana Atron, Saar Ben Zeev, and Lior Frank for most helpful research assistance. This research was supported by the Center for Cyber Law and Policy, University of Haifa. Any mistakes or omissions are the authors’.

Michal S. Gal
Professor and Director of the Forum for Law and Markets, University of Haifa Faculty of Law; President, Academic Society for Competition Law (ASCOLA).

Big data has become an important resource not only in the commercial sphere but also in the legal one. Governance-by-data can take many forms, including setting enforcement priorities, affecting methods of proof, and even changing the content of legal norms.