Exploitation by Wrap Contracts -- Click 'Agree'

California Bar IP Journal, New Matter, Vol. 39, no. 2, pp. 10-17 (2014)

8 Pages Posted: 2 Jul 2014

See all articles by Nancy S. Kim

Nancy S. Kim

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: June 2, 2014

Abstract

A spate of news articles involving online agreements has made headlines recently. They provide cautionary tales of the brave new world of wrap contracts where unwitting users can be exploited simply by clicking "agree." Wrap contracts — particularly digital ones such as clickwraps and browsewraps — govern most online activity, setting rules and giving companies broad enforcement discretion. Despite their ubiquity on the Internet and their increasing importance in online interactions, consumers discount or ignore how wrap contracts affect their rights and leave them vulnerable. This essay explains why these recent examples mark a turning point in the role of wrap contracts in Internet governance — and why consumers should be very wary of clicking "agree."

Suggested Citation

Kim, Nancy S., Exploitation by Wrap Contracts -- Click 'Agree' (June 2, 2014). California Bar IP Journal, New Matter, Vol. 39, no. 2, pp. 10-17 (2014), Available at SSRN: https://ssrn.com/abstract=2461272

Nancy S. Kim (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

HOME PAGE: http://https://www.kentlaw.iit.edu/

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