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Abstract:
The growing popularity of e-commerce transactions revives the perennial question of consumer contract law: should non-salient provisions of consumer standard form contracts be enforced? With the focus presently on an ex-ante analysis, scholars debate whether consumers can and should read standardized terms at the time of contracting.

In today's information age, such a focus might be misguided. The online realm furnishes various tools, so-called Web 2.0 applications, which encourage the flow of information from experienced to prospective consumers. The article, therefore, reframes the analysis of online consumer contracts while taking into account this new flow of information. In doing so, we draw out several typical ways in which such information flows in the online realm, while addressing the role of search engines, blogs, message boards and social networks. The article also accounts for the major challenges to the success of such information flow: the motivations of both information providers and receivers, and the accreditation of the data which might be compromised both unintentionally and maliciously.

After applying the key law and economics and behavioral law and economics insights pertaining to consumer contracts to the new dynamic created by the online environment, we conclude that this online information flow will strengthen market forces' ability to generate a fair and balanced contractual equilibrium. We accordingly provide new policy recommendations that are better tailored to deal with online consumer contracts and thus limit the need for legal intervention in the market for consumer contract terms.

Contract Law, e-commerce, Law and economics, Behavioral law and economics, Blogs, blogosphere, Social networks, Information overload, Information flow, Consumer standard form contracts, Web 2.0, Asymmetric information, Online consumer contracts

Abstract:
The purpose of this chapter is to explain that virtual worlds generate special and specific privacy concerns. It does so by first explaining that in this setting, players not only strive to keep their online identities and activities secret in the real world, but try and keep their real-world identities hidden in their online communities, where they constructed reputations over time. It then addresses three sources for privacy concerns: the actions of government, other users and the game controllers. In virtual worlds, governments can engage in ongoing surveillance at marginal costs. Other users can abuse players by "leaking" information from the virtual worlds to the real one, and vice versa. Finally, the game controllers are in a unique position to generate privacy concerns, as they are omnipresent and can therefore trace every action players carry out in the virtual world, as well as collate this information with data about the players' real-world identities. This allows them to create digital dossiers on players' preferences much more efficiently than in other internet settings. Thereafter, the game controllers can use these dossiers in ways detrimental to users.

Information Privacy, Virtual Worlds, Internet Law and Policy, Online Advertising, Data Mining, Direct Marketing

Abstract:
The Internet facilitates the creation and support of social networks of various strengths. Online social networks facilitate effective and efficient distribution of data and content. They also promote the creation of content. In this Article I strive to provide courts and policy makers with general intuitions that may guide them to decisions that promote the beneficial dynamics transpiring in online social networks, as well as allow them properly to account for the true impact of this ever-changing environment. To meet these objectives, I first define online social networks and address several challenges they face. I also examine the technological and social tools applied to tackle these challenges, while separately addressing the need for independent platforms, user motivation and accreditation.

Thereafter, I examine several social dynamics that these platforms make possible, and their intriguing ramifications. I demonstrate how data flows within social networks might call for the restructuring of existing policy frameworks, such as those addressing consumer protection and media concentration. With social networks in place, the objectives of existing laws and policies might be met by other means, thus rendering them unnecessary. For instance, consumer-related data flowing in social networks would substitute the need to protect consumers from unfair transactions and contractual terms. Information flows in social networks will serve for the efficient and unbiased distribution of content and ideas, thus meeting the objectives of mass media policy.

Finally, I examine the role of policy that would facilitate the beneficial interactions transpiring in these networks. I address ways to motivate and encourage contributions to the online discourse by further insulating users from the ramifications of their online actions. In addition, I examine the role of governments in assuring that data flows prove accurate and free of intentional tampering.

social networks, online reputation, online privacy, e-commerce, media concentration, media policy

Abstract:
This chapter tackles a somewhat neglected realm of the information privacy discourse, by directly examining the specific detriments arising from the systematic uses of personal information collected online. The chapter begins by drawing out the flow of personal information in today's digital environment, while emphasizing the collection, storage, analysis and subsequent uses of such data. The chapter then focuses on a specific use stemming from the information flow - the ability of online content providers to tailor advertisements and marketing materials for every user. The chapter argues that these forms of advertising are more effective than those practiced in other media, and at times might prove to be unfair and manipulative. Therefore, the chapter states that at times regulatory steps must be taken to mitigate these concerns. Finally, the chapter mentions a recent incident in which the tailoring of advertisements on the basis of personal information has caused

information privacy, data mining, online advertising, direct marketing, Internet law and policy