"I Agree": Visualizing terms of service with long scrolls of colored paper

"I Agree" is a Dima Yarovinsky's art installation for Visualizing Knowledge 2018, with printouts of the terms of service for common apps on scrolls of colored paper, creating a bar chart of the fine print that neither you, nor anyone else in the history of the world, has ever read. Read the rest

The world is no longer willing to tolerate the plague of bullshit "agreements"

Mark Zuckerberg says it doesn't matter how creepy and terrible his company is, because you agreed to let him comprehensively fuck you over from asshole to appetite by clicking "I agree" to a tens of thousands of words' worth of "agreements" spread out across multiple webpages; when questioned about this in Congress, Zuck grudgingly admitted that "I don’t think the average person likely reads that whole document." But as far as Zuck is concerned, it doesn't matter whether you've read it, whether you understand it, whether it can be understood -- you still "agreed." Read the rest

Terms of Service; Didn't Read: a browser add-on that warns you about the terrible fine-print you're about to "agree" to

ToS;dr is a crowdsourced database of website terms of service; install the associate plugin and your browser will display a letter grade (from A to F) for every site you visit, with subcategories for things like data-retention and the rights the site asserts to your contributions. Read the rest

Federal court will allow the ACLU to keep suing for the right to violate terms of service for legitimate purposes

Back in 2016, the ACLU and First Look (the publishers of The Intercept) sued the US government to force it to clarify that the 1986 Computer Fraud and Abuse Act -- the overbroad statute passed during over a panic sparked by the movie "Wargames" -- does not prohibit violations of terms of service. Read the rest

Vendor lock-in, DRM, and crappy EULAs are turning America's independent farmers into tenant farmers

"Precision agriculture" is to farmers as Facebook is to publishers: farmers who want to compete can't afford to boycott the precision ag platforms fielded by the likes of John Deere, but once they're locked into the platforms' walled gardens, they are prisoners, and the platforms start to squeeze them for a bigger and bigger share of their profits. Read the rest

Thanks to "consent" buried deep in sales agreements, car manufacturers are tracking tens of millions of US cars

Millions of new cars sold in the US and Europe are "connected," having some mechanism for exchanging data with their manufacturers after the cars are sold; these cars stream or batch-upload location data and other telemetry to their manufacturers, who argue that they are allowed to do virtually anything they want with this data, thanks to the "explicit consent" of the car owners -- who signed a lengthy contract at purchase time that contained a vague and misleading clause deep in its fine-print. Read the rest

How to opt out of Equifax's rights-stripping arbitration clause

During the five weeks after hackers stole 143 million Americans' data from Equifax, and while its execs were selling off their stock by the millions, the company sprang into action, producing an insecure site for checking whether your own data was breached that produces the same output no matter what name and SSN you input. Read the rest

Roomba wants to sell the maps of the inside of your home it created while cleaning

Your Roomba vacuum cleaner collects data about the size and geometry of your home as it cleans and transmits that data back to Irobot, Roomba's parent company -- and now the company says it wants to sell that data to companies like Apple and Google. Read the rest

Juvenile criminal defense attorneys forced to agree to Taser's terms of service to see the state's evidence

California criminal defense attorney Rick Horowitz had a juvenile client, he was shocked when the prosecutor in the case told him that to see the evidence against his client, he'd have to log in to evidence.com, run by Taser International (now rebranded as Axon). Read the rest

How license "agreements" interfere with the right to repair

States across America are considering "Right to Repair" legislation that would guarantee your right to choose who fixes your stuff (or to fix it yourself); but they're fighting stiff headwinds, from the motorcycle makers who claim that fixing your motorcycle should be a crime to Apple, who feel the same way, but about phones. Read the rest

Terms and Conditions: the bloviating cruft of the iTunes EULA combined with extraordinary comic book mashups

Back in 2015, cartoonist Robert Sikoryak started publishing single pages from his upcoming graphic novel Terms and Conditions, in which he would recount every word of the current Apple iTunes Terms and Conditions as a series of mashup pages from various comics old and new, in which Steve Jobsean characters stalked across the panels, declaiming the weird, stilted legalese that "everyone agrees to and no one reads."

Congress reintroduces YODA, a bipartisan bill that protects your right to treat devices as your property

The You Own Devices Act (YODA) was first introduced by Reps Blake Farenthold (R-TX) and Jared "Happy Mutant" Polis (D-CO) in 2014: it's a bill that limits the enforceability of abusive EULA terms, preserving your right to sell, lease, donate, and access security fixes on devices you buy, even when they have copyrighted software within them. Read the rest

Inside this Star Wars blanket's box, a card informing you that you've just waived your right to sue

When you open the box for a Storm Trooper snuggie blanket, you'll discover a card telling you that by buying the blanket, you've waived your right to sue the manufacturer and will subject yourself to binding arbitration if your blanket gives you cancer or burns you to death or any of the other bad things textiles can do. Read the rest

The latest generation of chatbot toys listen to your kids 24/7 and send their speech to a military contractor

Last year's Hello Barbie chatbot toy sent all your kid's speech to cloud servers operated by Mattel and its tech partner, but only when your kid held down Barbie's listen button -- new chatbot toys like My Friend Cayla and the i-Que Intelligent Robot are in constant listening mode -- as is your "OK Google" enabled phone, your Alexa-enabled home mic, and your Siri-enabled Ios device -- and everything that is uttered in mic range is transmitted to Nuance, a company that makes text-to-speech tech (you probably know them through their Dragon-branded tools), and contracts to the US military. Read the rest

Wells Fargo says that its customers gave up right to sue by having their signatures forged

Even though disgraced Wells Fargo CEO John Stumpf has left the building, his most outrageous legal theories live on: on Wednesday, the company filed a motion in a federal court in Utah seeking dismissal of a class action suit by the customers it defrauded -- the bank argues that since customers sign a binding arbitration "agreement" when they open new accounts, that the customers whose signatures were forged on fraudulent new accounts should be subject to this agreement and denied a day in court. Read the rest

Donald Trump weaponized fine-print to make it impossible to sue Wall Street for fraud

In 1993, Donald Trump won a lawsuit brought by his investors that alleged he had defrauded them by lying in a prospectus; his defense was that his "perfect prospectus" contained lies, but it also contained enough fine-print cautioning investors about the possibility of lies that it was their own fault that he cheated them. Incredibly, the judge (a pre-Supreme Court Samuel Alito!) bought this. Read the rest

Why are license "agreements" so uniformly terrible?

An excerpt from The End of Ownership: Personal Property in the Digital Economy, by Aaron Perzanowski and Jason Schultz, coming this Friday from MIT Press.

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