DATA SHADOWS & IMPROBABLE CONSENT

NEW TRENDS IN 'COMPULSORY VOLUNTARISM' RAISE THE SPECTRE OF 'CONSENTING' TO INFRINGED LIBERTIES AGAINST ONE'S WILL

A contract is legally binding only when: all signatories freely and voluntarily agree to its provisions; all provisions are themselves legal; none of the provisions is inherently unreasonable or deceptively worded. Neither contracts nor "terms and conditions" including indemnities disclaimers, can be classified as legislation. They do not make or construct legal limits by themselves.

Obvious as this may seem, it is a necessary introduction to the problem of the trade in personal information and "soft surveillance". Another vital piece of information is the Fourth Amendment to the US Constitution, which ensures "The right of the people to be secure in their persons, houses, papers and effects" and that such barriers cannot be breached except by judicial warrant, brought after providing evidence of "probable cause". [Full Story]