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Let's see a show of hands- do you
read Terms of Service? Privacy Policies? Or Click Agreements? I routinely ask
audiences this question and rarely do I ever get any hands raised. My recent
Technology Law column in eCommerce Times entitled "Who
Reads Terms of Service, Privacy Policies or Click Agreements?"
identifies many legal issues concerning website contracts. Every fall since
2000 I've taught a course on the Law of eCommerce at the SMU Dedman School of Law
and every fall I find that virtually none of my students have ever considered
reviewing Terms of Service, Privacy Policies, or Click Agreements. But by the
end of the semester they routinely review these contract terms. I was pleased
to see a former student from 2004 recently who told me that he
regularly reviews these contract provisions. The irony of not reviewing
these contract provisions is that people have no idea what legal rights and
privacy they may be giving up.
FTC and Privacy
The Federal Trade Commission regulates privacy in the
the FTC is considering making changes
to US privacy laws particularly regarding the Children's Online
Privacy Protection Act. However in the meantime until the US privacy laws are
changed, websites have pretty much a free hand since no seems care.
Let's see a show of hands- do you read Terms of Service? Privacy Policies? Or Click Agreements? I