Documentary on Terms of Use

There’s a new documentary about…wait for it….contracts!  Well, if you want to call terms of use “contracts” – which courts seem to want to do.  Here’s a link to an article in USA Today  and a link to the the official trailer on YouTube (yes, I get the irony of posting a trailer to YouTube which you can’t do without agreeing to their terms of use….).  The clip contains some infuriating quotes from self-interested folks who want to perpetuate consumer ignorance of privacy looting.  One of my favorites-to-hate is the lie that people don’t care about privacy – if they did they would do something about it.  But contracts profs know about bounded rationality and the limits of cognition – and we also know about lack of choice, the importance of contract design and effective v. ineffective notice.

I cover all of this ground (and more) in my forthcoming book  but more on that later…. 

[Nancy Kim]