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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