Book contents
- The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
- The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
- Copyright page
- Dedication
- Summary of Contents
- Contents
- Contributors
- Preface
- Part I General Framework
- Part II Contract Law and Smart Contracts
- Part III Electronic Platforms and Networks
- Part IV Privacy, Security and Data Protection
- 11 Blockchain and Data Protection
- 12 Data Protection in Hybrid Worlds
- 13 Smart Contracts
- 14 Algorithmic Contracts and Consumer Privacy
- Part V Smart Contracts
- Part VI Future of Smart Contracts, Blockchain and Artificial Intelligence
14 - Algorithmic Contracts and Consumer Privacy
from Part IV - Privacy, Security and Data Protection
Published online by Cambridge University Press: 25 October 2019
- The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
- The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
- Copyright page
- Dedication
- Summary of Contents
- Contents
- Contributors
- Preface
- Part I General Framework
- Part II Contract Law and Smart Contracts
- Part III Electronic Platforms and Networks
- Part IV Privacy, Security and Data Protection
- 11 Blockchain and Data Protection
- 12 Data Protection in Hybrid Worlds
- 13 Smart Contracts
- 14 Algorithmic Contracts and Consumer Privacy
- Part V Smart Contracts
- Part VI Future of Smart Contracts, Blockchain and Artificial Intelligence
Summary
Chapter 14 defines the term algorithmic contract, distinguishing it from the term smart contract, and justifying the need for the term. Then, it argues that business-to-consumer algorithmic contracts present distinct issues from business-to-business algorithmic contracts. In particular, Chapter 14 argues that privacy is the canary in the coalmine with respect to the potential threat to civil liberties presented by personalized law by way of pseudo-contract regime. Without any deliberate choice on the part of consumers or change in attitudes, contracts and practices have severely eroded consumer privacy over the past two decades. Thus, privacy terms provide an ideal case study to examine what limits on the ability of consumers to contract with businesses using algorithms to determine customized terms might look like. Personalized law, in the absence of proper fiduciary incentives or default rules, could be a major threat to the civil liberties necessary for a liberal society.
- Type
- Chapter
- Information
- The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms , pp. 251 - 268Publisher: Cambridge University PressPrint publication year: 2019
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