Julie E. Cohen

The multiple, capitalist information fiduciaries of the Balkin proposal and the regulatory regime that Khan and Pozen appear to imagine seem to have little in common. But they are responses to the same problem: that of governing data-driven algorithmic processes that operate in real time, immanently, automatically, and at scale.

Existing legal institutions of contract and property are evolving in response to the information economy, producing and consolidating new relations of power.