Author: Darren Barnett
Publisher: Lulu.com
ISBN: 0244903719
Category : Law
Languages : en
Pages : 136
Book Description
Did you read the small print when you signed for your latest mobile phone contract? No, I didn't think so. When you come to sign contracts of this sort, you soon realise that there is very little negotiation, and you know very little about the contents of the contract. This book explores the implications of standard form contracts, and how their current structure leaves consumers very much in the dark about the terms. This book also explores how the Internet has contributed to complicating these contentious issues, and what possible solutions could be implemented in order to protect consumer rights.
"Click to Consent": Boilerplates in the Digital Age
Author: Darren Barnett
Publisher: Lulu.com
ISBN: 0244903719
Category : Law
Languages : en
Pages : 136
Book Description
Did you read the small print when you signed for your latest mobile phone contract? No, I didn't think so. When you come to sign contracts of this sort, you soon realise that there is very little negotiation, and you know very little about the contents of the contract. This book explores the implications of standard form contracts, and how their current structure leaves consumers very much in the dark about the terms. This book also explores how the Internet has contributed to complicating these contentious issues, and what possible solutions could be implemented in order to protect consumer rights.
Publisher: Lulu.com
ISBN: 0244903719
Category : Law
Languages : en
Pages : 136
Book Description
Did you read the small print when you signed for your latest mobile phone contract? No, I didn't think so. When you come to sign contracts of this sort, you soon realise that there is very little negotiation, and you know very little about the contents of the contract. This book explores the implications of standard form contracts, and how their current structure leaves consumers very much in the dark about the terms. This book also explores how the Internet has contributed to complicating these contentious issues, and what possible solutions could be implemented in order to protect consumer rights.
Boilerplate
Author: Margaret Jane Radin
Publisher: Princeton University Press
ISBN: 0691163359
Category : Law
Languages : en
Pages : 358
Book Description
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Publisher: Princeton University Press
ISBN: 0691163359
Category : Law
Languages : en
Pages : 358
Book Description
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Unfair Contract Terms in the Digital Age
Author: Gardiner, Caterina
Publisher: Edward Elgar Publishing
ISBN: 1800886179
Category : Law
Languages : en
Pages : 240
Book Description
Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
Publisher: Edward Elgar Publishing
ISBN: 1800886179
Category : Law
Languages : en
Pages : 240
Book Description
Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
Trade Governance in the Digital Age
Author: Mira Burri
Publisher: Cambridge University Press
ISBN: 110737992X
Category : Law
Languages : en
Pages : 527
Book Description
The development of new digital technologies has resulted in significant transformations in daily life, from the arrival of online shopping to more fundamental changes in the ways we work and communicate. Many of these changes raise questions that transcend market access and liberalisation, and demand cooperation and coherent regulatory design. International trade regulation has hitherto not reacted in a forward-looking manner to the digital revolution and, particularly at the multilateral level, legal engineering has yielded few tangible results. This book examines whether WTO laws possess the necessary flexibility and resilience to accommodate the changes brought about by burgeoning digital trade. By revealing both the potential and the limitations of the WTO framework, it provides a broad picture of the interaction between digital technologies and trade regulation, links the often disconnected discourses of international trade law, intellectual property and cyberlaw and explores discrete problems in different domains of global trade regulation.
Publisher: Cambridge University Press
ISBN: 110737992X
Category : Law
Languages : en
Pages : 527
Book Description
The development of new digital technologies has resulted in significant transformations in daily life, from the arrival of online shopping to more fundamental changes in the ways we work and communicate. Many of these changes raise questions that transcend market access and liberalisation, and demand cooperation and coherent regulatory design. International trade regulation has hitherto not reacted in a forward-looking manner to the digital revolution and, particularly at the multilateral level, legal engineering has yielded few tangible results. This book examines whether WTO laws possess the necessary flexibility and resilience to accommodate the changes brought about by burgeoning digital trade. By revealing both the potential and the limitations of the WTO framework, it provides a broad picture of the interaction between digital technologies and trade regulation, links the often disconnected discourses of international trade law, intellectual property and cyberlaw and explores discrete problems in different domains of global trade regulation.
Research Handbook on Contract Design
Author: Corrales Compagnucci, Marcelo
Publisher: Edward Elgar Publishing
ISBN: 1839102284
Category : Law
Languages : en
Pages : 480
Book Description
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
Publisher: Edward Elgar Publishing
ISBN: 1839102284
Category : Law
Languages : en
Pages : 480
Book Description
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
The Digital Age Detective
Author: Brendan Riley
Publisher: McFarland
ISBN: 1476627754
Category : Literary Criticism
Languages : en
Pages : 205
Book Description
Imagining the figure of the fictional detective as an archetype in the study of modern culture, the author argues that contemporary detective fiction can help us better comprehend fundamental shifts of the Digital Age--in communication, family, entertainment, society, even the way we think as individuals. The nature of the detective story itself models how we build and share knowledge. Drawing on concepts from literature and media studies, the author reveals clues about modern phenomena like conspiracy theory, groupthink and the nature of our digital identities.
Publisher: McFarland
ISBN: 1476627754
Category : Literary Criticism
Languages : en
Pages : 205
Book Description
Imagining the figure of the fictional detective as an archetype in the study of modern culture, the author argues that contemporary detective fiction can help us better comprehend fundamental shifts of the Digital Age--in communication, family, entertainment, society, even the way we think as individuals. The nature of the detective story itself models how we build and share knowledge. Drawing on concepts from literature and media studies, the author reveals clues about modern phenomena like conspiracy theory, groupthink and the nature of our digital identities.
The World of Maritime and Commercial Law
Author: Charles Mitchell
Publisher: Bloomsbury Publishing
ISBN: 1509932410
Category : Law
Languages : en
Pages : 427
Book Description
This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.
Publisher: Bloomsbury Publishing
ISBN: 1509932410
Category : Law
Languages : en
Pages : 427
Book Description
This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.
Engaging Privacy and Information Technology in a Digital Age
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309103924
Category : Computers
Languages : en
Pages : 451
Book Description
Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.
Publisher: National Academies Press
ISBN: 0309103924
Category : Computers
Languages : en
Pages : 451
Book Description
Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.
Information Privacy Law
Author: Daniel J. Solove
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1184
Book Description
A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology, information privacy, algorithmic decisions, AI, data security, and European data protection law. New to the 8th Edition: Tighter editing and shorter chapters New sections about AI and algorithms in law enforcement (Chapter 4), consumer privacy (Chapter 9), and employment privacy (Chapter 12) New cases: MD Anderson, Loomis v. Wisconsin, Clearview AI Discussion of post-Carpenter cases Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion Discussion of protections of reproductive health data after Dobbs Benefits for instructors and students: Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, and standing in privacy lawsuits, among other topics Chapters devoted exclusively to data security, national security, employment privacy, and education privacy Sections on government surveillance and freedom to explore ideas Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1184
Book Description
A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology, information privacy, algorithmic decisions, AI, data security, and European data protection law. New to the 8th Edition: Tighter editing and shorter chapters New sections about AI and algorithms in law enforcement (Chapter 4), consumer privacy (Chapter 9), and employment privacy (Chapter 12) New cases: MD Anderson, Loomis v. Wisconsin, Clearview AI Discussion of post-Carpenter cases Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion Discussion of protections of reproductive health data after Dobbs Benefits for instructors and students: Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, and standing in privacy lawsuits, among other topics Chapters devoted exclusively to data security, national security, employment privacy, and education privacy Sections on government surveillance and freedom to explore ideas Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA
Consumer Privacy and Data Protection
Author: Daniel J. Solove
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 430
Book Description
A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on the crucial topic of the protection of consumer interests. This volume is perfect for a full three-credit course or a seminar. Read the latest cases and materials exploring issues of emerging technology, information privacy, financial data, consumer data, and data security. New to the 4th Edition: Tighter editing and shorter chapters New case on facial recognition and the BIPA: Clearview AI Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion Discussion of protections of reproductive health data after Dobbs New section on AI and algorithms New case on standing: TransUnion v. Ramirez New material about state consumer privacy laws
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 430
Book Description
A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on the crucial topic of the protection of consumer interests. This volume is perfect for a full three-credit course or a seminar. Read the latest cases and materials exploring issues of emerging technology, information privacy, financial data, consumer data, and data security. New to the 4th Edition: Tighter editing and shorter chapters New case on facial recognition and the BIPA: Clearview AI Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion Discussion of protections of reproductive health data after Dobbs New section on AI and algorithms New case on standing: TransUnion v. Ramirez New material about state consumer privacy laws