The rise and rise of terms of service is a genuinely astonishing cultural dysfunction. Think of what a bizarre pretense we all engage in, that anyone, ever, has read these sprawling garbage novellas of impenetrable legalese.
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And yet, there they are, looming over us, and, even more bizarrely, they are generally enforceable, even when they confiscate rights as basic as the right to sue over negligence or malice.
Terms of Service are "the biggest lie on the internet":
> Qualitative findings suggest that participants view policies as nuisance, ignoring them to pursue the ends of digital production, without being inhibited by the means.
Many artists have attempted to awaken us from our slumbering acceptance of this outrageous practice. There's @dimitryarov's 2018 "I agree," which printed out the ToS of popular services:
Before that, there was @RSikoryak's incredible "Terms and Conditions," which reproduced the entire Itunes ToS as a series of comics pages, each in the style of a different artist, with cartoon Steve Jobs uttering these unreadable words.
Today, I found a new treasure in the genre, @damienslash's impersonation of Bob Dylan singing a "standard user agreement." It is the most remarkable 34 seconds I've experienced since waking.
All of this is grimly hilarious, like mocking the official state religion.
This is probably a good opportunity to remind everyone of my standard email footer:
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READ CAREFULLY. By reading this email, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality...
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...non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges.
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You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.
eof/
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Surveillance companies assure us that they employ safeguards to ensure that their customers aren't abusing their products to engage in unlawful or unethical surveillance. And yet, inevitably, these companies abuse their tools THEMSELVES.
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It's almost as though being the kind of person who dreams of achieving incredible wealthy by spying on people makes you kind of an asshole.
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Like the people at @VerkadaHQ, "a fast-growing Silicon Valley surveillance startup" whose male employees used its own products to sexually harass their female colleagues and received the barest wrist-slaps for it.
One of the arguments for permitting monopolies is that they are "efficient." That's the logic under which Universal was allowed to acquire Comcast and NBC - the "vertical integration" would make all three companies better and we'd all reap the benefit.
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It turns out that there are DISeconomies of scale, what Brandeis called "the curse of bigness" and really, the Universal-NBC-Comcast octopus is a poster child for that curse.
Comcast has just informed its subscribers that they are at risk of losing access to "Bravo, CNBC, E!, Golf Channel, MSNBC, Olympic Channel, Oxygen, Syfy, Telemundo, Universal Kids, NBC Universo, USA Network and NBC Sports Network."
When a new president is sworn in, they gets told a lot of secret stuff - launch codes, backup plans, etc. But one of the best-kept presidential secrets is the "Enemies Briefcase," a collection of "presidential emergency action documents" (PEADs).
These aren't just revelations about the fallback plans for things like a nuclear strike - they are a meticulously maintained collection of emergency authorities that the administrative branch claims it is entitled to.
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These authorities are analyzed in legal memos that give the president to unilaterally declare an emergency "imposing martial law, suspending habeas corpus, seizing control of the internet, imposing censorship, and incarcerating so-called subversives."
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Hubbard's got deep experience, and she brings the same kind of verve to this book that Zephyr Teachout delivered in her (also excellent) (and also brilliantly titled) BREAK 'EM UP:
But Hubbard's got another thing going for her: institutional support. The Open Markets Institute operates a range of advocacy programs for angry members of the public (e.g. you), and each of Hubbard's chapters ends on ways you can engage in the policy questions she raises.
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