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Private ordering and the rise of terms of service as cyber-regulation

Luca Belli, Fundação Getulio Vargas Law School
Jamila Venturini, Fundação Getulio Vargas Law School
PUBLISHED ON: 29 Dec 2016 DOI: 10.14763/2016.4.441

Internet intermediaries unilaterally define their terms of service (ToS) and enforce them privately by shaping the architectures of the networks and platforms under their control. Based on empirical evidence, Belli and Venturini argue that ToS and their implementation affect users’ rights.