Zombie contracts, dark patterns of design, and ‘documentisation’

Kristin B. Cornelius, University of California, Los Angeles
PUBLISHED ON: 30 Jun 2019 DOI: 10.14763/2019.2.1412

Standard form consumer contracts (SFCCs), including Terms of Service agreements, are drafted by businesses and presented to consumers on a non-negotiable basis. Since these contracts present an asymmetric imbalance of information and resources between parties, they have been of concern for consumer rights in recent years. While some have characterized these issues as a ‘duty to read’ for consumers or as egregious terms and weak disclosures by drafters,’ this project suggests at least part of the issues exist from a lack of consideration of the document itself (i.e., medium, format, authenticy, reliability, stability) and the processes that deem it ‘standard.’

Technology, autonomy, and manipulation

Daniel Susser, Pennsylvania State University
Beate Roessler, University of Amsterdam
Helen Nissenbaum, Cornell Tech
PUBLISHED ON: 30 Jun 2019 DOI: 10.14763/2019.2.1410

People are increasingly concerned that data collectors can use information about them to subtly influence their decision-making—what is often called “online manipulation”. To further efforts at combating such strategies, this paper defines “online manipulation” and explores the harms it threatens.

Citizen or consumer? Contrasting Australia and Europe’s data protection policies

James Meese, University of Technology Sydney
Punit Jagasia, University of Technology Sydney
James Arvanitakis, Western Sydney University
PUBLISHED ON: 30 Jun 2019 DOI: 10.14763/2019.2.1409

This paper examines data protection policies in Australia and Europe and outlines how both frameworks evoke different notions of citizenship.

Knocking on Heaven’s Door: User preferences on digital cultural distribution

Joan-Josep Vallbé, University of Barcelona
Balázs Bodó, University of Amsterdam
João P. Quintais, University of Amsterdam
Christian W. Handke, Erasmus University Rotterdam
PUBLISHED ON: 18 Jun 2019 DOI: 10.14763/2019.2.1404

This paper explores the social, demographic and attitudinal basis of consumer support for a Copyright Compensation System (CCS), which, for a small monthly fee would legalise currently infringing online social practices such as private copying from illegal sources and online sharing of copyrighted works.