Abstract

In this note, we would like to respond to some remarks with which Cass Sunstein has, in turn, responded to our paper 'Nudges as a Threat to Privacy' in this journal. First, we address his contention that nudges are among the less problematic government practices as regards to privacy issues. Second, as he has clarified in his response that he doesn't think an all too well-informed government would be a good idea, we point out that this leaves a gaping hole in his justification of libertarian paternalism. Third, we point out a new problem with gathering information about the preferences of citizens, namely that observation tends to distort behavior and hence leads to misguided inferences about goals and ends.