MARK MACCARTHY - Brookings



Mark MacCarthy

Professional Experience

• Georgetown University, Communication, Culture & Technology Program, Philosophy Department, Adjunct Professor, 1999 - present, teaching courses in governance of emerging technology, AI ethics, privacy, competition policy for tech and the ethics of speech.

• Georgetown University, Nonresident Senior Fellow, Institute for Technology Law and Policy at Georgetown Law, 2019 - present, writing and conducting research in privacy, competition policy, AI ethics and policy, algorithmic fairness, regulation of emerging technologies, platform responsibility, and content moderation.

• Future of Privacy Forum, Senior Fellow and member of the Advisory Board, 2019 - present.

• Software & Information Industry Association, Senior Vice President for Public Policy, 2011 - 2019, advising member companies on technology policy, privacy, AI ethics, content moderation and competition policy in tech.

• Visa, Inc., Senior Vice President for Public Policy, 2000 - 2008, representing the company before Congress, domestic regulatory bodies and intergovernmental agencies in the areas of electronic commerce, new technology, competition policy, information security and privacy

• Wexler-Walker Group, Principal and Senior Director, 1994 - 2000, providing strategic public policy advice for private companies engaged in children’s television, electronic commerce, financial services, cable television and telecommunications.

• Capital Cities/ABC, Inc., Vice President for Government Affairs, 1988 - 1994, representing the company’s broadcasting, cable and newspaper interests before Congress, the Federal Communications Commission and other administrative agencies.

• Committee on Energy and Commerce, U.S. House of Representatives, Professional Staff Member, 1981 - 1988, covering telecommunications, broadcasting and cable issues for the Chairman of the Committee, Representative John D. Dingell, Jr. (D-MI).

• U.S. Department of Labor, Occupational Safety and Health Administration, Economist, 1978 - 1981, conducting economic analyses of safety and health regulations.

Publications

• “Enhanced Privacy Duties for Dominant Technology Companies,” Rutgers Computer and Technology Law Journal (Forthcoming, 2021)

• “Privacy as a Parameter of Competition in Merger Reviews,” 72 Fed. Comm. L.J. 1 (2020)

• “A Consumer Protection Approach to Platform Content Moderation,” in B. Petkova and T. Ojanen (eds), Fundamental Rights Protection Online: The Future Regulation of Intermediaries, Edward Elgar, 2019

• “Standards of Fairness for Disparate Impact Assessment of Big Data Algorithms,” 48 Cumberland Law Review 102 (2017)

• “In Defense of Big Data Analytics” in The Cambridge Handbook of Consumer Privacy, edited by Evan Selinger, Jules Polonetsky, and Omar Tene, Cambridge University Press, 2018.

• “Privacy Policy and Contextual Harm,” 13 I/S: A Journal of Law and Policy for the Information Society 400 (2017)

• “Student Privacy: Harm and Context,” 21 International Review of Information Ethics 13 (2014)

• “Government and Private Sector Roles in Providing Information Security in the U.S. Financial Services Industry,” 8 I/S: A Journal of Law and Policy for the Information Society 245 (2012)

• “Information Security Policy in the U.S. Retail Payments Industry,” 3 Stanford Tech. L. Rev. 1 (2011)

• “New Directions in Privacy: Disclosure, Unfairness and Externalities,” 6 I/S: A Journal of Law and Policy for the Information Society 425 (2011).

• “What Payment Intermediaries are Doing about Online Liability and Why It Matters,” 25 Berkeley Tech. L.J. 1037 (2010)

• “Broadcast Self-Regulation: The NAB Codes, Family Viewing Hour and Television Violence,” 13 Cardozo Arts and Entertainment Law Journal 667 (1995)

• "Closure in Occupational Safety and Health: The Benzene and Cotton Dust Cases," in Scientific Controversies: Studies in the Resolution and Closure of Disputes Concerning Science and Technology, eds. A. L. Caplan and H. T. Engelhardt, Jr., New York: Cambridge University Press, 1987.

• “... Or a Free Ride for AT&T?” Challenge Vol. 27 (1984) (coauthored with Representative John D. Dingell and Timothy E. Nulty).

• “A Review of Some Normative and Conceptual Issues in Occupational Safety and Health,” 9 Boston College Environmental Affairs Law Review 773 (1981)

Education

• M.A., Economics, University of Notre Dame

• Ph.D., Philosophy, Indiana University

• B.A., Fordham University

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