1. Trust Over Time on the Internet Peter Swire Moritz College of Law Penn Law School Symposium on the Evolving Internet October 19, 2012

2. Gus Hurwitz Paper on Trust Hurwitz: –Historically, Internet has been built upon trust –Internet is increasingly a post-trust architecture Swire: –Trust has been a big issue on the Internet at least since the start of E-Commerce –Trust architecture in most ways is stronger now than in the past

3. Previous Episodes on Trust Trustwrap (2003) –Trust on eBay began with reputation –Over time, multiple additional trust-building mechanisms, such as escrow Penn Symposium 2005: Elephants and Mice Revisited: Law and Choice of Law on the Internet –Elephants are subject to legal rules and create trust-enhancing mechanisms –As problems arise, trust responses arise

4. Trust Builds Over Time Lack of F2F from start of E-Commerce Brand Credence goods to experience goods –PayPal and credit cards online Internet time and adaptive protection, on both seller and buyer side 2 billion users and continued growth

5. Trust Institutions Build Over Time Elephants –Law and consent decrees –Complaint departments, take-downs Experience rating and fraud detection –Risk scores for transactions Time for law to develop –$50 rule as example of consumer protection –CAN-SPAM –Boilerplate

6. Sources of Decline in Trust? Actions on the Net are more important, so we are less tolerant of risk –Critical infrastructure protection Complexity and difficulty of monitoring by consumers Perhaps creators of distrust (cyber- attackers) are winning in the cat-and-mouse game

7. Conclusion Every four years we hear this is the most crucial election of our lifetime We similarly have todays round of challenges to trust on the Internet Lets be clear what todays challenges are, without having to say they are worse now than they have ever been