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The New Social Contracts
Terms of service are essentially public law for the internet, with no oversight.
As President Clinton put it, way back in 1997, U.S. internet policy would be built around “a decentralized, contractual model of law,” unlike Europe and China with their top-down rules. In a range of cases involving police access to cloud storage, courts held that users had waived their reasonable expectation of privacy—the linchpin of their Fourth Amendment rights—by agreeing to the terms of service. None of this would matter if the platforms represented a small segment of society, but they have become, as the Supreme Court put it recently, our “modern town square.” This makes terms of service weird as contracts.
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