Wednesday, October 13, 2004

You Need a RoboLawyer

From Wired.com:

"I have a recurring nightmare. Microsoft CEO Steve Ballmer shows up on my doorstep demanding my left kidney, claiming that I agreed to this in some 'clickwrap' contract. In my waking life, I am inundated with such agreements - privacy policies, downloading poliicies, security policies, software licensing agreements - all vying for my assent. As a lawyer, I write these contracts for clients, but I must confess that I never read them online. Who has the time?

Unfortunately, the law assumes we all do - and that by clicking, we are 'agreeing' to the unread privacy policy, to spyware being installed on our systems, or to pornographic pop-up ads. Almost every site has terms and conditions; as a result, regular Internet users are faced with dozens of such agreements a week. Some come in the form of the ubiquitous 'I Agree' button, others in the form of prose hidden at the bottom of the homepage under the moniker 'Legal.'

Increasingly, companies have been putting some pretty nasty things into their clickwrap agreements - such as that they can collect and sell your detailed personal information or install software that will capture your every keystroke. A few firms have you agree that, even if they violate their own promises to secure your information, you won't ever sue. This is not legal boilerplate, the kind that everybody assents to when renting a car or buying a ticket to a ball game. It affects the privacy, security, and operability of all the information you access online.

What is needed - desperately - is a law robot..."