News and Research articles on Terms of Service (TOS)

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.’

Standard form contracts and a smart contract future

Kristin B. Cornelius, University of California, Los Angeles
PUBLISHED ON: 15 May 2018 DOI: 10.14763/2018.2.790

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.

In reaction to the Cambridge Analytica controversy, Facebook has recently announced a substantial tightening of access restrictions to the APIs of Facebook, Instagram, and other platforms it owns. Researchers at leading international research organisations are deeply concerned about collateral impacts of the new API access rules. Here is why.

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.

The privacy role of information intermediaries through self-regulation

Tatevik Sargsyan, American University
PUBLISHED ON: 16 Dec 2016 DOI: 10.14763/2016.4.438

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.