@article{AnAnalysisofPrecaution-TakingBehavior:Victims:7632,
      recid = {7632},
      author = {Huang, Chung-Chia},
      title = {An Analysis of Precaution-Taking Behavior: Victims,  Gatekeepers, and Online Copyright Enforcers},
      publisher = {University of Chicago},
      school = {J.S.D.},
      address = {2023-08},
      pages = {216},
      abstract = {This dissertation investigates the optimality of  precautions taken by victims, gatekeepers, and online  copyright enforcers. The overarching theme is to identify  the inefficiencies of private precaution-taking behavior,  along with their underlying causes, and create legal  regimes to address such inefficiencies. On the one hand,  precautions can help deter sociallyinefficient misconduct,  which is already regulated by law enforcement. On the other  hand, individuals may not fully internalize the costs  associated with their precautions. Therefore, private  precautionary decisions can be both socially suboptimal and  sensitive to the strategies or focuses of law enforcement.  Designing appropriate legal regimes should consider the  social benefit of deterrence and the total social cost  borne by precaution takers, wrongdoers, and
non-perpetrator  parties.

This dissertation contains three main chapters.  Chapter 2 deals with the most essential case: victims,  investigating how to regulate their precautionary measures  when inflicting harm on both wrongdoers and non-perpetrator  third parties. Chapter 3 extends the analysis and applies  the insights from the victim-precaution literature to the  context of gatekeeper liability, identifying the  externalities of gatekeeping and its sensitivity to law  enforcement strategies, and providing guidance on designing  appropriate gatekeeper liability regimes. Chapter 4 shifts  to a specific context of online copyright enforcement and  proposes a regime to hold copyright holders accountable for  the over-removal problem. },
      url = {http://knowledge.uchicago.edu/record/7632},
      doi = {https://doi.org/10.6082/uchicago.7632},
}