…cy of this approach in most cases and the resulting consequences of surveillance capitalism) — or — we can create an alternative framework that stacks the deck in favor of individual rights. In this alternative framework, we would move “consent” up one level (i.e. out of the level of unconscionable terms and conditions and contracts of adhesion) by expanding the reach of “by design and default” legal, technical, and ethical standards. We would also restore the fundamental principles of contract law embedded in the origins of notice and consent, whereby the individual has sufficient bargaining power to negotiate an enforceable contract (this may require collective action and coordination across the “human sector” in ways we’ve never seen before).
Elizabeth M. Renieris
