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.
Charles E. MacLean,
It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," and Click-Through Privacy Clauses as Waivers of Adhesion,
65 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol65/iss1/7