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!  

Read More »

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. 

Read More »

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.

Read More »

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. 

Read More »

Digital technology firms, monopolies, and antitrust actions

Today’s digital technology industries are characterized by intense degrees of corporate concentration.

Amazon revolutionized access to books and continues to grow its market share of both print books and eBook sales — approaching 50% of print sales and more than 90% of eBook sales.  It is also starting to dominate the sale of many other kinds of goods, and now vigorously seeks a dominant market share in sectors such as grocery retailing and pharmacies. Facebook, which owns 54% of the social media market, is responsible for a great deal of the Internet hate speech and fake news nightmares we face today. Google, which revolutionized the business of search, and now owns 76% percent of that market, seems to manipulate the search engine algorithm for its own commercial benefit.  Apple, which demonstrated that it was possible to design for ease of learning and ease of use and still achieve commercial success, now owns 66% of the tablet market and 22% of the mobile phone market, and seems to manipulate the policies of software distribution on its platforms for its own commercial benefit.

Read More »

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“.

Read More »