Once upon a time, companies were able to insist -- with a straight face -- that the real problem with the security defects in their products was the researchers who went public with them, warning customers and users that the products they were trusting were not trustworthy. Read the rest
Writer and data journalist Kevin Litman-Navarro subjected 150 privacy policies from leading online services to programmatic analysis for complexity (the Lexile test), and found them to be an incomprehensible mess second only to Kant's Critique of Pure Reason in their lack of clarity. Read the rest
[David Silverberg's As Close to the Edge Without Going Over is a new book of genre poetry from Canadian speciality press ChiZine (previously). I was tickled by his poem "Terms and Conditionals" (for reasons that will be immediately obvious) and I asked him if we could reprint it here -- he graciously assented. -Cory] Read the rest
On May 21, the American Law Institute -- a kind of star chamber of 4,000 judges, law professors, and lawyers -- was scheduled to pass a "restatement" of the law of consumer contracts, with the plan being to codify case-law to ensure that terms of service would be treated as enforceable obligations by US courts. Read the rest
Back in January, an Ontario court ruled that Uber's arbitration clause couldn't keep its drivers from suing it; Uber has appealed to the Supreme Court of Canada, which has taken up the case and will hear arguments about whether arbitration clauses (through which the parties surrender the right to sue in court) are enforceable in "adhesion contracts" (contracts that are not negotiated, where one party has much less power than the other, such as in click-through agreements). Read the rest
The American Law Institute is a group of 4,000 judges, law profs and lawyers that issues incredibly influential "restatements" of precedents and trends in law, which are then heavily relied upon by judges in future rulings; for seven years they have been working on a restatement of the law of consumer contracts (including terms of service) and now they're ready to publish. Read the rest
Writing in Wired, Zeynep Tufekci (previously) echoes something I've been saying for years: that the use of Digital Rights Management technologies, along with other systems of control like Terms of Service, are effectively ending the right of individuals to own private property (in the sense of exercising "sole and despotic dominion" over something), and instead relegating us to mere tenancy, constrained to use the things we buy in ways that are beneficial to the manufacturer's shareholders, even when that is at the cost of our own best interests. Read the rest
Latch is a leading vendor of internet-of-things "smart" doorlocks that are in increasing use in rental housing (the company claims 10% of all new multiunit construction incorporates their product); they allow entry by keycode, keycard, and Bluetooth. Read the rest
Dave Maass from the Electronic Frontier Foundation writes, "Facebook’s practice of taking down these individual accounts when they learn about them from the press (or from EFF) is insufficient to deter what we believe is a much larger iceberg beneath the surface. We often only discover the existence of law enforcement fake profiles months, if not years, after an investigation has concluded. These four changes are relatively light lifts that would enhance transparency and establish real consequences for agencies that deliberately violate the rules." Read the rest
Mitch Wagner attended an Intel press and analyst event today where he spotted these notices "posted discreetly in a couple of places on the walls": at first glance, they seem like your garden-variety abusive bullshit release ("Abandon hope all ye who enter here") but there's a decidedly Vessel-esque clause that seems to be saying that Intel claims the copyright in any photo or video in which any of the event appears, even "distorted in character or form, throughout the world, in all media now known or hereafter invented." This is some next-level bullshit. Read the rest
A new paper by a business professor and a contract law professor evaluated the terms and conditions of 500 leading websites and found that the 99% of them required at least 14 years of education to truly comprehend, far more than the majority of US adults have attained. Read the rest
Not much detail on this patented houseplant and its terrifying license "agreement": redditor GooberMcNutly posted it a few hours ago and hasn't said anything else about it. Plants are patentable, and in theory patents reach into private conduct. Whatever the story, this is some primo late-stage capitalism right here. Read the rest
Propublica is one of many organizations, mainly nonprofits, whose "ad transparency" tools scrape Facebook ads and catalog them, along with the targeting data that exposes who is paying for which messages to be shown to whom. Read the rest
The latest episode of the always-outstanding Adam Ruins Everything (previously) is my favorite yet: a wide-ranging look at the way that tech has exploited policy loopholes to monopolize control over repairs, features, parts and consumables; to spy on users; to use predatory pricing to crush competitors; to avoid taxation; and to become a force for oligarchic control. Read the rest
The UK consumer review magazine Which? (equivalent to America's Consumer Reports) has published a special investigation into the ways that Internet of Things smart devices are spying on Britons at farcical levels, with the recommendation that people avoid smart devices where possible, to feed false data to smart devices you do own, and to turn off data-collection settings in devices' confusing, deeply hidden control panels. Read the rest
Ride-sharing services Uber and Lyft have now both stated that they will no longer force victims of sexual assault into non-binding arbitration, as has been the practice of both firms until today. Read the rest
