Andrea M. Matwyshyn
Northeastern University - School of Law; Princeton University - Center for Information Technology Policy; Stanford University - Stanford Law School Center for Internet and Society
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
Date posted: July 19, 2006