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This is also the case in US. Contract formation requires that the signing party has an opportunity to read the contract. If the contract is subject to litigatio
by matrix 7y ago
This is also the case in US. Contract formation requires that the signing party has an opportunity to read the contract. If the contract is subject to litigation and the signing party can show they did not have an opportunity to read it, the contract will be thrown out. It is especially frowned upon to misrepresent the contract ("Don't worry, it's just some routine boilerplate") and not provide a copy before the person signs it.
- TomMarius 7y agoHow do you show that they didn't tell you?
- sneak 7y agoI can’t wait until high res 24/7 lifelogging of audio and video is common so that these sorts of things are documented regularly.
- itronitron 7y agothe lifelogging will probably have a EULA that prevents everyone from using any audio or video in a legal dispute
- JadoJodo 7y agoBut they won't show the EULA until after I've agreed with it, so it'll be invalid!
- jolmg 7y agoI don't understand the EULA part. Are you saying that if a company sells eyeglasses with 24/7 audio and video recording to an microSD card, then that company would have an interest in adding a EULA that prevents using their own devices in a court case against someone else? Or are you saying that a hospital would have an EULA that prevents one from using any recording one might coincidentally hold of interactions with them in a court case?
- TeMPOraL 7y agoThe company won't be selling a 24/7 microSD recorder, it'll be selling a 24/7 cloud recorder, for the usual bullshit reasons that are ostensibly about convenience, but in reality are about securing recurring revenue. Since you won't be using a product but a service, there will be an EULA, and the company may not want their data (at this point it isn't your data anymore) trawled in random court cases.
- fucking_tragedy 7y agoI don't think an EULA will override a warrant or subpoena.
- TeMPOraL 7y agoMight not, but EULA may stipulate that breaking it will cause termination of account and deletion of your data. It would be similar to forced arbitration clause, as far as I understand them - i.e. it's not that you can't sue the company, it's that you'd better not, if you want to retain your account.
- jolmg 7y agoNot sure why you're downvoted. It probably has to do with the implication that it might be a government or a private company that is doing the logging, but that doesn't need to be the case. We could develop a culture where we record everything around us and store the recording on our own devices, accessible only by us.
- charliesome 7y agoThere was an early Black Mirror episode exploring exactly this scenario. The social consequences are frightening.
- pushpop 7y agoThat episode was good, but the book/film The Circle I think covered this type of scenario better (even if the movie adaptation did leave a little to be desired)
- cheschire 7y agoThat sounds like a textbook case of trading away privacy to get security. No thanks.
- mcherm 7y agoDeepfakes.