Ryan Calo writes:
Requiring notice is an extraordinarily popular way to regulate. In online privacy, for instance, giving notice about their practices is among the only affirmative obligations websites face. The strategy is also one of the most heavily criticized. Not only does no one read privacy policies, skeptics rightly point out, but many believe that their mere existence guarantees certain base level protections that may or may not exist.
Read more on CIS. Ryan’s post relates to a new article he has uploaded to SSRN: Against Notice Skepticism, and he’d welcome feedback on it.