But I think this little episode has a deeper lesson. It reveals the thoroughgoing incapacity of lawmakers and advocates to be social engineers. Linking to privacy policies on home pages was an experiment that failed long ago. People don’t read them. People who are interested in reading them can find them so long as they’re placed sensibly somewhere on a Web site.
In their voluntary transactions, if people want privacy, they’re gonna seek it (and, though it’s tough, often get it); if they’re indifferent, they’re not. Mandated privacy notices – especially the placement of them – are a sideshow.