With widespread smart contract implementation on the horizon, there is much conversation about how to regulate this new technology. Noting the failure of contract law to address the inequities of standardised contracts in the digital environment can help prevent them from being codified further into smart contracts.
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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.
This paper provides qualitative analysis of Google’s and Microsoft’s policies and examines case studies to enhance understanding about the privacy role of information intermediaries in self-regulatory arrangements.
