Private ordering and the rise of terms of service as cyber-regulation

Luca Belli · Jamila Venturini

73 citations0/0 files storedInternet Policy Review

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Digitalization, Law, and Regulation Freedom of Expression and Defamation Diverse Legal and Medical Studies

Abstract

Internet intermediaries unilaterally define their terms of service (ToS) and enforce them privately by shaping the architectures of the networks and platforms under their control. Based on empirical evidence, Belli and Venturini argue that ToS and their implementation affect users’ rights.

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References

2015The Black Box Society 2016The Biggest Lie on the Internet: Ignoring the Privacy Policies and Terms of Service Policies of Social Networking Services 2015The black box society: the secret algorithms that control money and information 2011Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 2014Does Anyone Read the Fine Print? Consumer Attention to Standard-Form Contracts 2014The Global War for Internet Governance 2021A FRAMEWORK FOR GLOBAL ELECTRONIC COMMERCE 2013Governing Algorithms: A Provocation Piece

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2020The Right to Erasure in EU Data Protection Law 2019Regulating Recommending: Motivations, Considerations, and Principles 2022Consumer IoT and its under‐regulation: Findings from an Australian study 2019Moderating the Public Sphere 2019Let's Meet Halfway: Sharing New Responsibilities in a Digital Age 2019Regulation through “bricking”: private ordering in the “Internet of Things”

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