Abstract

As algorithms have taken over contemporary society, a portion of American privacy law scholars has gradually transformed information privacy into a post- algorithmic concept. Besides enabling individuals to protect their autonomy and attain certain collective benefits, these scholars now expect information privacy to act as the government's tool to protect society against data extraction and its consequent power asymmetries. This Article presents evidence of this transfor- mation-here referred to as "privacy's algorithmic turn"-, identifying its two main features: (1) a change in what is usually considered privacy harms, and (2) a transformation of the tools proposed to protect privacy. Additionally, the Article explores some possible drivers and implications of this new development. Time will tell if privacy's algorithmic turn was worthwhile. For now, acknowl- edging its existence gives American privacy law scholars the opportunity to re- flect on their journey and the future directions they want the field to pursue.

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