35 Pages Posted: 19 Jul 2006

See all articles by Andrea M. Matwyshyn

Andrea M. Matwyshyn

Penn State Law; Penn State Engineering; Stanford University - Stanford Law School Center for Internet and Society

Date Written: May 2006


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.

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

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

Suggested Citation

Matwyshyn, Andrea M., Technoconsen(T)Sus (May 2006). Washington University Law Review, Vol. 85, No. 529, 2007, Available at SSRN:

Andrea M. Matwyshyn (Contact Author)

Penn State Law ( email )

150 S College St
Carlisle, PA 17013
United States

Penn State Engineering ( email )

101 Hammond Building
University Park, PA 16802
United States

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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