[LINK] Fwd: Census Config [Was: Personal comments on the eC
Roger.Clarke at xamax.com.au
Thu Aug 3 16:56:59 EST 2006
>On 3/8/06 2:42 PM, "Roger Clarke" <Roger.Clarke at xamax.com.au> wrote:
>> Off-list, someone's told me IE may turn Java on even if it's turned off.
>> Is that true??
>> If so, it's a further, and very substantial reason never ever to use IE.
>> Is it true that:
>> (a) MS is mucking around with your machine without your consent or
>> knowledge, and arguably over-riding your consent?? and
>> (b) MS is providing the capability for every web-site provider to
>> do anything on your machine that Java intentionally or
>> unintentionally enables it to do, again without your consent or
>> knowledge, and arguably over-riding your consent??
At 16:03 +1000 3/8/06, Stilgherrian wrote:
>No, it's all WITH your consent.
Okay, ever the pedant, I'll keep going (:-)}
Consent isn't, unless it's 'informed consent' (aka "what part of
'yes' don't you understand?"):
"Another requirement is for 'informed consent', by which is meant
that, for consent to be meaningful, the individual needs to
understand its implications. See Hartnett (2000) for a treatment of
the topic in the health care context. A consent must be specific and
bounded. In particular, it must be clear from the expression, or at
least from the context:
* what *action(s)* the consent authorises. This requires reasonable
specificity in relation to, for example, the use of credit card
details, and of the items of data it encompasses, from whom they are
to be collected, by whom they are to be used, and to whom they are
permitted to be disclosed;
* *to whom* the authorisation is provided. For example, is it given
to a particular company, or merely a business unit within it, or also
to related companies; and what happens in the event of a merger or
* for what *purpose(s)* the authorisation applies. Considerable
difficulties arise from generalised expressions of purpose, such as a
government agency stating 'for the performance of the agency's
functions', and a company declaring 'marketing of goods and
* over what *time-period* it operates.
"A further criterion used to judge whether a consent is effective is
'freely-given consent'. This implies that no legal compulsion,
duress, coercion or undue influence must be involved. There may,
however, be inducements, or a quid pro quo. Indeed, contract law
requires consideration to be provided by both parties as a
pre-condition to the formation of a contract (and hence to the
existence of a consent)".
I believe that court judgements would follow something like the above
logic [but of course only 'something like', with all manner of
variations over jurisdictions, cases and time]. And no, I haven't
done the hard yards of analysing consent as treated in judgements,
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
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