CIS 500 week 10 Discussion

IT Ethics and Responsible Conduct (20 points) 

Recently, a U.S. Circuit Court upheld the enforceability of Website Terms of Service (ToS), even though the user did not have to click-through to agree. 

o Identify one positive and one negative implication of this finding. 

o What terms do you believe are ethically appropriate for such agreements? Explain your position. 

Week 10 Discussion

The article enriched my knowledge of technology agreement. It also clears me about Clickwrap and Browsewrap. Under California law, the Second Circuit found Uber agreement established (1) reasonably conspicuous notice of the existence of contract terms; and (2) unambiguous manifestation of assent to those terms which is positive about Uber.

However, By creating an Uber account, customer agree to the TERMS OF SERVICE & PRIVACY POLICY.” is not a proper way to accept an agreement. This text, along with a hyperlink to the terms of service, appeared directly below the buttons for registration. Even more, the entire screen was visible without scrolling. Finally, although the text was in a small font, its dark print contrasted with the bright white background, and the hyperlinks were in blue and underlined.

What I think in Clickwrap is appropriate for any technology license agreement. In this way, a customer should be aware of the technology authorization and their rights. If someone clicks on a register button, that does not mean he/she agrees to the agreement without seeing. There should be action required which let customers understand agreement correctly and aware of the authorization.