[LINK] US-AMA far too complacent about human RFID tags
Roger Clarke
Roger.Clarke at xamax.com.au
Wed Jul 4 13:00:53 AEST 2007
>On Wed, 2007-07-04 at 12:14 +1000, Geoffrey Ramadan wrote:
>> Is this not informed consent?
For consent to be 'informed', the individual must understand its implications.
What those Terms do is create the possibility that the individual
could inform themselves; which is a necessary but not a sufficient
condition.
Brendan's made the point that consumer protection law needs to take
account of the gap between 'could understand' and 'does understand',
and to some extent it already does.
Re Karl's comments, I generally agree, but consent is a complex matter.
Keywords:
'express consent', 'consent in writing', 'implied consent', 'inferred
consent', 'presumption of consent', 'denial of consent', 'legal
capacity', 'informed consent', 'specific consent', 'bounded consent',
'freely-given consent' (i.e. without legal compulsion, duress,
coercion or undue influence, but possibly with inducements or a quid
pro quo), revocability of consent, variability of consent,
delegability of the power to consent
See http://www.anu.edu.au/people/Roger.Clarke/EC/eConsent.html#CChar
--
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
More information about the Link
mailing list