Electronic contracting and the illusion of consent

Brett Frischmann is the Charles Widger Endowed University Professor in Law, Business and Economics, Villanova University. His most relevant book to his thoughts below is Re-Engineering Humanity (Cambridge University Press 2018).

This post is based on an article that appeared in Scientific American (February, 2019). 

Q: What do you do when you see a little button on a webpage or app screen that says I agree?  
A: Click the button. 

The familiar and incredibly simple click-to-agree mechanism is ubiquitous. We encounter it throughout our digital lives. It is nothing less than the “legal backbone” of the Internet, app stores, e-commerce, and so much more. Yet electronic contracting and the illusion of consent-by-clicking are a sham!  

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Does Tech Hasten an Environmental Apocalypse? WE WANT TO PUBLISH YOUR IDEAS…

[WE WILL PUBLISH YOUR MOST THOUGHTFUL RESPONSES. Send to ronbaecker@gmail.com, 300-1000 words, include hyperlinks.] 

Recent increases in hurricanes, flooding, heat waves, fires, and drought are signs that the world is coming closer to irreversible damage. For example, scientists recently predicted that an Antarctic ice shelf holding up the huge Thwaites Glacier could collapse within 3 to 10 years, leading to the glacier sliding into the ocean and raising sea levels worldwide by more than 2 feet. 

What is digital technology’s contribution to the environmental apocalypse? Energy is used in three ways: (1) to manufacture digital technologies; (2) to operate them; and (3) to dispose of and replace them with newer versions. 

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I Do Not Want Mark’s Metaverse

[WE WILL PUBLISH YOUR MOST THOUGHTFUL RESPONSES. Send to ronbaecker@gmail.com, 300-1000 words, include hyperlinks.] 

In a blog posted two days ago, I highlighted phrases and sentences from Mark Zuckerberg’s recent keynote speech sketching his vision of Meta’s intended metaverse. Here are thoughts triggered by his words: 

1. “ you’re going to be able to do almost anything you can imagine … “This isn’t about spending more time on screens … [include] communities whose perspectives have often been overlooked … consider everyone …” 

No, Mark, be honest. This is about getting more people into Meta, and about getting them to spend more time in the metaverse, because that’s the only way you can sustain the growth your shareholders expect, and the only way you can withstand the onslaught of firms like Tiktok that now have greater appeal to the next generation of users. 

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What is Zuckerberg’s Metaverse, and Do We Want It?

In a recent blog, I suggested that we have finally lost patience with Facebook after new revelations by whistleblower Frances Haugen and the Wall Street Journal. Leaked documents show that FB knows that almost six million VIPs are given special dispensation to violate their content standards; criminals use FB to recruit women, incite violence against ethnic minorities, and support government action against political dissent; Instagram is toxic to many young girls, contributing to poor self-image, mental health, and suicidal thoughts; the firm relaxed its safeguards too soon after the U.S. election, contributing to the January 6 riot; and FB is incapable of suppressing election and vaccine misinformation. 

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Stretched Too Thin by Social Media: Beware its power to reshape your web of relationships 

Brett Frischmann is the Charles Widger Endowed University Professor in Law, Business and Economics, Villanova University. His most relevant book to his thoughts below is Re-Engineering Humanity (Cambridge University Press 2018).

This post is based on an article that appeared in Scientific American (January 2020).

Recently, I’ve received multiple invitations to leave Facebook and Twitter and join a new social network that promises to not destroy democracy. I’m tempted. I’m also tempted to delete my accounts and abandon social media altogether. The decision got me thinking, not about democracy but instead about how social media affect my behavior and relationships. 

Social media promise and deliver social networks with better or at least bigger scale and scope. Essentially, this means you can connect to many more people from many different places to relate on a wider variety of interests. To socialize is a core human need. The difficult question is whether social media improve our capability to relate to each other. 

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Facebook Was Soon to Be Held to Account: Will Meta Escape the Consequences?

In 2004, Mark Zuckerberg built an app to connect Harvard undergrads to one another. By 2006, it was available to anyone over the age of 13. Soon thereafter, his Facebook (FB) social media firm was animated by the concept that connectivity was a human right for the world’s billions. FB is now visited by almost 3 billion distinct users each month. The firm has become a monopoly, counting Instagram and WhatsApp among its divisions. (Further details appear in Chapters 11 and 17 of Digital Dreams Have Become Nightmares: What We Must Do.) 

FB’s dominance has led to serious problems which are well known. Its news feed widely shares toxic material — misinformation, hate speech, and fake news. People post private information which FB exploits commercially through surveillance capitalism. Fake social media participants constructed by Russia in the 2016 US presidential election and other elections has skewed the results. Children’s addiction to social media harms their sense of self-worth and their physical and mental health and well-being.

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Censored contagion on Chinese social media

Contributed by Masashi Crete-Nishihata. Masashi is the Associate Director of The Citizen Lab at the University of Toronto.

The Citizen Lab just published a report: Censored Contagion: How Information on the Coronavirus is Managed on Chinese Social Media, authored by Lotus Ruan, Jeffrey Knockel and Masashi Crete-Nishihata.  

Among the key findings in this report, we show that YY, a popular live-stream platform based in China, began to censor keywords related to the coronavirus outbreak on December 31, 2019, only one day after doctors (including the late Dr. Li Wenliang) tried to warn the public about the then unknown virus. 

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The tweetocracy

A session at the New Yorker Festival this past weekend discussing how history will judge Trump got me thinking again about media, tweeting, and Donald J. Trump.

Media play a huge role in politics. Here are some examples. In the medium of a large enclosed space filled with people, Adolf Hitler was able to whip crowds to a frenzy. Franklin Delano Roosevelt in his radio fireside chats reassured Americans that they could and would survive the economic hardships of the Great Depression. Winston Churchill’s stirring oratory during World War II lifted the spirits of people in Great Britain despite the Germans’ intense aerial bombardment.  John F Kennedy‘s photogenic and relaxed television manner when contrasted with Richard Nixon’s swarthy scowling played a huge role in his victory in the 1960 US presidential election.  Finally, Ronald Reagan’s commanding performances in televised addresses and his style of speaking to Americans in ways that they could understand and could trust justified his being called “the great communicator“.

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Personal space in the age of addictive technology

Approximately two months ago, I had brunch with a friend and colleague — Fred, not his real name — who I had known for over 40 years.  I had not seen him in six months.  Over the space of an hour, he received at least six calls on his cell phone from family members.  Based on what I could hear of his responses, no interruption dealt with an urgent matter.

Several times a year, I have dinner with dear friends of over 30 years, a vigorous professional couple in their 70s with accomplishments in the arts, the sciences, and public service.  Ann — also not her real name — is constantly using her phone to google for facts that will contribute to the conversation.  Her fact-checking is typically interesting, but is there a cost?

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