Everyone has the right to and
in the of their
No one shall have their agency infringed due to , or .
No one shall have their agency infringed due to , or .
Free Consent (Definition):
"Free consent is the result of the mutual trust of both the parties in each other. Free Consent is when both parties agree on the same thing in the same way. Both the parties should be in for free Consent".
Agreeing on Free Consent (Context):
- Not being formed under pressure or unwarrented influence.
- Being free of fraud.
- Being the result of desire to colaborate between all parties involved and under equal agreement.
- Clearly stated contractual points.
- Consist of mutual trust between all actors.
Read more at unacademy
Informed consent (definition):
Every person has the right to make an informed decision about the role technology plays in their life.
Technology creators have a responsibility to make it reasonably straightforward for one to understand the of a piece of technology, as well as exactly what its Terms and Conditions do and do not protect against.
Full capabilities (context):
Users should be made to understand not only what a piece of technology claims it will do, but what it can do. This includes, but is not limited to, disclosing the hardware and software as seen in this this example from The Atlantic.
Coercion (definition):
No one may force anyone to make a decision they would not have otherwise through the application of pressure or threats.
We emphasize everyone has the freedom to make decisions about themselves without manipulation.
Examples may include:
Technological Assimilation (case study):
Google has fallen into legal trouble in its assimilation into the different facets of individual’s lives. The company utilizes its increased presence in the lives of its consumers through illegal integration into all components of the publisher ad server, ad exchange, and ad network markets. The conflict has come to a head as the Department of Justice is suing Google for its monopolization of the digital advertising market.
Read more at AdExchanger
Device Slowdown (case study):
Apple throttled the performance of its devices to obscure potential defects incurred on the devices during their production. These actions were taken to coerce the customer into purchasing a new device and switching their phone out for a new, functional device instead of discovering the flaws that could potentially lead to a mass callback.
Read more at OAGDC
Obfuscation (definition):
No one may make any attempts to undermine or manipulate anyone’s agency.
We emphasize transparency and clarity in communication, ensuring that individuals can exercise their autonomy without interference or manipulation.
Examples may include:
Onerous Terms and Conditions (case study):
In Uber v. Heller, Uber Technologies obscured its classification of workers as “independent contractors” preventing David Heller and colleagues from earning a livable wage as classified by Ontario's Employment Standards Act.
Read more at Harvard Law Review
Convoluting (case study):
Amazon has allegedly used to manipulate its users into paying for or failing to cancel their prime memberships. By making it needlessly difficult to manage the subscription, Amazon has infringed on its users ability to exercise control over their own money on its digital platform.
“Amazon employed six different ‘manipulative designs.’ Among other tactics, they intentionally complicated the process with unnecessary steps, redirected users away from the cancellation path using inconspicuous links, obscured relevant information, and used phrasing that guided users towards the desired option.”
Read more at CTECH
Dark patterns (context):
Dark patterns (also called “deceptive patterns”) are user interface design tricks that force a user into doing something unknowingly or unintentionally.
Examples may include:
- Obscuring or delaying the button to opt out of cookies and information sharing in privacy agreements
- Tricking users into sharing their contacts
- Printer ink cartridges that stop working when users cancel subscriptions
- Bait-and-switch: advertising a low price on a product that is not actually in stock or is a misrepresentation of the deal
- Making it difficult to unsubscribe/deactivate subscriptions
- Adding additional charges during checkout
- Phrasing that makes one thing sound like another
Diversion (definition):
No one may make any attempts to undermine or manipulate anyone’s agency through tactics such as distraction.
We emphasize responsibility and accountability in technological development, ensuring that individuals can exercise their autonomy by accessing information about technology before consenting to use it.
Examples may include:
Alteration of the Law (case study):
The Military Lending Act prohibits waivers of legal protections and arbitration agreements, however, certain companies include banned arbitration agreements in their terms and conditions to avoid accountability in their loans to military families. These illegal activities are hidden by the companies through the distraction of blatantly false information listed in a place the reader can more easily view.
Read more at CFPB
AI & Term and Condition (case study):
Retroactive expansion of company’s terms and conditions has become a larger concern as certain companies choose to add in clauses that allow their collected data to be utilized in AI programs. Capable of supplying growing AI programs with the vast amount of user information required to run their programs, many companies may be incentivized to change their terms and conditions like the Gateway Learning Corporation did in 2004.
Read more at FTC
Deflecting Attention (case study):
Under the guise of an annual NBA 2K24 update, Take-Two Interactive and 2k Entertainment added a clause in their terms and conditions, stating digital currency is now classified as “fictions created by game publishers.” This action was taken to avoid a lawsuit regarding an individual’s right to transfer the currency, distracting the consumer from the added predatory clause through the diversion of a regularly scheduled update.
Read more at Axios
Personal Agency (definition):
The quality of being in control of and having conciousness of one's own actions, as well as having awareness of one's will. It lies at the intersection of action, want, and decision-making.
A tap, scroll, and focus are all under one's purview and, ideally, ability to control.
The concept of agency is also understood as a protection of personal autonomy. All individuals should have the ability to decide how they interact .
Interaction with technology (context):
For instance, one may reasonably expect to be recorded in a public space or building. However, most people do not expect to be recorded in private spaces such as their own home.