Skip to main content

Slashdot: 'Terms of Service' Agreements Are Unbalanced, Need Reforming, Urges New York Times

'Terms of Service' Agreements Are Unbalanced, Need Reforming, Urges New York Times
Published on January 30, 2021 at 11:04PM
"The same legalese that can ban Donald Trump from Twitter can bar users from joining class-action lawsuits," warns the official Editorial Board of the New York Times, urging "It's time to fix the fine print." [Alternate URL here] [M]ost people have no idea what is signed away when they click "agree" to binding terms of service contracts — again and again on phones, laptops, tablets, watches, e-readers and televisions. Agreeing often means allowing personal data to be resold or waiving the right to sue or join a class-action lawsuit... Because corporations and their lawyers know most consumers don't have the time or wherewithal to study their new terms, which can stretch to 20,000 words — about the length of Shakespeare's "Julius Caesar" — they stuff them with opaque provisions and lengthy legalistic explanations meant to confuse or obfuscate. Understanding a typical company's terms, according to one study, requires 14 years of education, which is beyond the level most Americans attain. A 2012 Carnegie Mellon study found that the average American would have to devote 76 work days just to read over tech companies' policies. That number would probably be much higher today. At its core, the arrangement is unbalanced, putting the burden on consumers to read through voluminous, nonnegotiable documents, written to benefit corporations in exchange for access to their services. It's hard to imagine, by contrast, being asked to sign a 60-page printed contract before entering a bowling alley or a florist shop... Though courts have held terms of service contracts to be binding, there is generally no legal requirement that companies make them comprehensible. It is understandable, then, that companies may feel emboldened to insert terms that advantage them at their customers' expense. That includes provisions that most consumers wouldn't knowingly agree to: an inability to delete one's own account, granting companies the right to claim credit for or alter their creative work, letting companies retain content even after a user deletes it, letting them gain access to a user's full browsing history and giving them blanket indemnity. More often than not, there is a clause (including for The New York Times's website) that the terms can be updated at any time without prior notice. Some terms approach the absurd. Food and ride-share companies, like DoorDash and Lyft, ask users to agree that the companies are not delivery or transportation businesses, a sleight of hand designed to give the companies license to treat their contract drivers as employees while also sheltering the companies from liability for whatever may happen on a ride or delivery. Handy, an on-demand housecleaning service, once sought in its terms of service to put customers on the hook for future tax liabilities should their contract workers' job classification be changed to employee... "This is one of the tools used by corporations to assert themselves over their customers and whittle away their rights," said Nancy Kim, a California Western School of Law professor who studies online contracts. "With their constant updates to terms and conditions, it amounts to a massive bait-and-switch...." "We have become so beaten down by this that we just accept it," said Woodrow Hartzog, a Northeastern University law professor. "The idea that anyone should be expected to read these terms of service is preposterous — they are written to discourage people from reading them...." The Board urges the U.S. Congress to consider requiring greater transparency about terms and their changes — as well as simpler explanations. "If a company's online service is open to 13-year-olds, as many are, then the terms of use need to be written so an eighth grader can understand them."

Read more of this story at Slashdot.

Comments

Popular posts from this blog

Slashdot: US Army Soldier Arrested In AT&T, Verizon Extortions

US Army Soldier Arrested In AT&T, Verizon Extortions Published on January 01, 2025 at 02:35AM An anonymous reader quotes a report from KrebsOnSecurity: Federal authorities have arrested and indicted a 20-year-old U.S. Army soldier on suspicion of being Kiberphant0m, a cybercriminal who has been selling and leaking sensitive customer call records stolen earlier this year from AT&T and Verizon. As first reported by KrebsOnSecurity last month, the accused is a communications specialist who was recently stationed in South Korea. Cameron John Wagenius was arrested near the Army base in Fort Hood, Texas on Dec. 20, after being indicted on two criminal counts of unlawful transfer of confidential phone records. The sparse, two-page indictment (PDF) doesn't reference specific victims or hacking activity, nor does it include any personal details about the accused. But a conversation with Wagenius' mother -- Minnesota native Alicia Roen -- filled in the gaps. Roen said that prio...

Slashdot: US Army Soldier Pleads Guilty To AT&T and Verizon Hacks

US Army Soldier Pleads Guilty To AT&T and Verizon Hacks Published on February 20, 2025 at 01:31AM Cameron John Wagenius pleaded guilty to hacking AT&T and Verizon and stealing a massive trove of phone records from the companies, according to court records filed on Wednesday. From a report: Wagenius, who was a U.S. Army soldier, pleaded guilty to two counts of "unlawful transfer of confidential phone records information" on an online forum and via an online communications platform. According to a document filed by Wagenius' lawyer, he faces a maximum fine of $250,000 and prison time of up to 10 years for each of the two counts. Wagenius was arrested and indicted last year. In January, U.S. prosecutors confirmed that the charges brought against Wagenius were linked to the indictment of Connor Moucka and John Binns, two alleged hackers whom the U.S. government accused of several data breaches against cloud computing services company Snowflake, which were among the ...

Slashdot: AT&T Now Lets Customers Lock Down Account To Prevent SIM Swapping Attacks

AT&T Now Lets Customers Lock Down Account To Prevent SIM Swapping Attacks Published on July 02, 2025 at 01:30AM AT&T has launched a new Account Lock feature designed to protect customers from SIM swapping attacks. The security tool, available through the myAT&T app, prevents unauthorized changes to customer accounts including phone number transfers, SIM card changes, billing information updates, device upgrades, and modifications to authorized users. SIM swapping attacks occur when criminals obtain a victim's phone number through social engineering techniques, then intercept messages and calls to access two-factor authentication codes for sensitive accounts. The attacks have become increasingly common in recent years. AT&T began gradually rolling out Account Lock earlier this year, joining T-Mobile, Verizon, and Google Fi, which already offer similar fraud prevention features. Read more of this story at Slashdot.