[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



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