Declarations of will in the digital environment and wrap contracts

Dubravka Klasiček
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引用次数: 1

Abstract

Declarations of will made in a digital environment are undeniably different from the ones done in a "physical" world and some persons might not be aware of their significance. Many people join various Internet Service Provider's (ISP) sites daily. To do that, they usually have to agree to terms of service (ToS) that govern those sites. These declarations of will are sometimes direct: by clicking 'I agree', a person knows that he/she has agreed to ToS, whether he/she has read them or not. What is more important , a person is aware (or should be aware) that he/she has entered into some sort of an agreement with an ISP-a clickwrap agreement. However, on some Web pages, a person is consenting to the ISP's ToS simply by staying on and browsing the page, which constitutes a browsewrap agreement. These declarations are not direct and a person is often unaware that he/she has entered into an agreement with ISP. Furthermore, ToS often change and an ISP will sometimes not inform users about it. In those instances, users will not be aware of the changes to ToS and that, by continuing to use the ISP's services, they are agreeing to them. These are some examples of will being declared in a digital environment, without the person declaring it being aware of what he/she has done. It seems that, for some reason, people take what happens online less seriously than what happens in a "physical" world. This paper will try to show that this is a serious mistake in a digital environment.
在数字环境下的遗嘱声明和包装合同
不可否认,在数字环境中作出的遗嘱与在“物理”世界中作出的遗嘱是不同的,有些人可能没有意识到它们的重要性。每天都有许多人加入各种互联网服务提供商(ISP)的网站。要做到这一点,他们通常必须同意管理这些网站的服务条款(ToS)。这些意志声明有时是直接的:通过点击“我同意”,一个人知道他/她已经同意了ToS,无论他/她是否已经阅读了它们。更重要的是,一个人意识到(或者应该意识到)他/她已经与isp签订了某种协议——clickwrap协议。然而,在某些网页上,用户只要停留并浏览该网页,就表示同意ISP的ToS,这就构成了一个browsewrap协议。这些声明不是直接的,人们通常不知道他/她已经与互联网服务提供商签订了协议。此外,ToS经常变化,ISP有时不会通知用户。在这些情况下,用户将不知道ToS的变化,并且通过继续使用ISP的服务,他们同意这些变化。这些是在数字环境中声明遗嘱的一些例子,而声明的人并不知道他/她做了什么。似乎出于某种原因,人们对网上发生的事情的重视程度不如对现实世界的重视程度。本文将试图表明,在数字环境中,这是一个严重的错误。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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