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- Title
IT DEPENDS: RECASTING INTERNET CLICKWRAP, BROWSEWRAP, "I AGREE," AND CLICK-THROUGH PRIVACY CLAUSES AS WAIVERS OF ADHESION.
- Authors
MACLEAN, CHARLES E.
- Abstract
Digital giants, enabled by America's courts, Congress, and the Federal Trade Commission, devise click-through, clickwrap, browsewrap, "I Agree" waivers, and other legal fictions that purport to evidence user "consent" to consumer privacy erosions. It is no longer enough to justify privacy invasions as technologically inevitable or as essential to the American economy. As forced consent is no consent at all, privacy policies must advance with the technology. This article discusses adhesion waivers, the potential for FTC corrective action, and a comparison to privacy policies of the European Union.
- Subjects
UNITED States; INTERNET laws; INTERNET privacy laws; COURTS; UNITED States. Congress; UNITED States. Federal Trade Commission
- Publication
Cleveland State Law Review, 2017, Vol 65, Issue 1, p43
- ISSN
0009-8876
- Publication type
Article