Theory: Website Design As Contract

The law hasn’t done a very good job of keeping up with technology. Here’s an opportunity to have a little input.

Amplify’d from cyberlaw.stanford.edu

Few website users actually read or rely upon terms of use or privacy policies. Yet users regularly take advantage of and rely upon website design features like privacy settings. Could these designs be part of the contract between websites and users? A draft of my new article argues just that by developing a theory of website design as contract. This article is coming out in Volume 60 of the American University Law Review later this year. In sum, I argue that in an age where website interactivity is the hallmark for many sites, courts must re-think what constitutes an online agreement. This is particularly true with respect to user privacy.

Read more at cyberlaw.stanford.edu

 

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