The Character of Consent

The rich, untold origin story of the ubiquitous web cookie--what’s wrong with it, why it’s being retired, and how we can do better. Consent pop-ups continually ask us to download cookies to our computers, but is this all-too-familiar form of privacy protection effective? No, Meg Leta Jones explains in Instead of asking <how< people consent, Jones asks <who< exactly is consenting and <to what<. Packed into those cookie pop-ups, she explains, are three distinct areas of law with three different characters who can consent. Within (mainly European) data protection law, the data subject consents. Within communication privacy law, the user consents. And within consumer protection law, the privacy consumer consents. These areas of law have very different histories, motivations, institutional structures, expertise, and strategies, so consent--and the characters who can consent--plays a unique role in those areas of law. <The Character of Consent< gives each computer character its due, taking us back to their origin stories within the legal history of computing. By doing so, Jones provides alternative ways of understanding the core issues within the consent dilemma. More importantly, she offers bold new approaches to creating and adopting better tech policies in the future.

Auteur

Meg Leta Jones