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Andrea M. Matwyshyn

University of Pennsylvania - Legal Studies Department

May 2006

Washington University Law Review, Vol. 85, No. 529, 2007

Law is contributing to an information security paradox. Consumers are regularly "consenting" to the installation of computer code that makes them more vulnerable to harms such as identity theft. In particular, digital rights management technology accompanying digital music has recently left a wake of compromised user machines. Using this case study of security-invasive digital rights management technology, this article argues that a fundamental tension exists among intellectual property law, computer intrusion law and contract law regarding meaningful consumer consent in digital contexts. This article proposes to ease this noise in consent doctrine through creating an objective "reasonable digital consumer" standard based on empirical testing of real consumers.

Number of Pages in PDF File: 35

Keywords: data, information, security, contract, consent, computer, intellectual property, copyright, trademark, identity theft, intrusion, hacking

JEL Classification: K12, K14, K29, K19, O32, O33, O38

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Date posted: July 19, 2006  

Suggested Citation

Matwyshyn, Andrea M., Technoconsen(t)sus (May 2006). Washington University Law Review, Vol. 85, No. 529, 2007. Available at SSRN: http://ssrn.com/abstract=904075

Contact Information

Andrea M. Matwyshyn (Contact Author)
University of Pennsylvania - Legal Studies Department ( email )
3730 Walnut Street
Suite 600
Philadelphia, PA 19104-6365
United States
HOME PAGE: http://lgst.wharton.upenn.edu/

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