Informed consent was: Re: [LINK] US-AMA far too complacent about human RFID tags

Roger Clarke Roger.Clarke at xamax.com.au
Wed Jul 4 13:47:42 AEST 2007


At 13:04 +1000 4/7/07, Geoffrey Ramadan wrote:
>How about mandating a "summary of key conditions" at the start of 
>all terms and conditions.

I haven't noticed much development of that kind re the *terms* of 
consumer contracts.

But it's been pursued by Privacy Commissioners in recent years in 
relation to privacy policy statements (PPS), using the term 'layered' 
or 'short' PPS, e.g. Crompton (2004), and see:
http://www.anu.edu.au/people/Roger.Clarke/EC/PPSE0601.html#PPS

As Stilgherrian <stil at stilgherrian.com> points out:
>Ah, you mean like "core conditions" and "non-core conditions"? ;)
such short-forms have to be a precis not an extract, and audit 
(possibly just through application of the 'many eyes' principle) is 
essential.

Yes, it's definitely a contribution.  I have doubts about it solving 
the whole problem, but it does, for example, make it much easier for 
us all to discuss how iniquitous MS, Sun, and every other supplier is 
or isn't;  and that transparency helps in bringing pressure to bear.


Crompton M. (2004) 'Short Notices - why the Sydney resolution was 
adopted and progress in Australia since September 2003', Proc. 26th 
Int'l Conf. Privacy and Personal Data Protection, 14-16 September 
2004, Wroclaw, Poland, at 
http://26konferencja.giodo.gov.pl/data/resources/CromptonM_paper.pdf

-- 
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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