Paper by Bartlomiej Chomanski & Lode Lauwaert: “When you visit a website and click a button that says, ‘I agree to these terms’—do you really agree? Many scholars who consider this question (Solove 2013; Barocas & Nissenbaum 2014; Hull 2015; Pascalev 2017; Yeung 2017; Becker 2019; Zuboff 2019; Andreotta et al. 2022; Wolmarans and Vorhoeve 2022) would tend to answer ‘no’—or, at the very least, they would deem your agreement normatively deficient. The reasoning behind that conclusion is in large part driven by the claim that when most people click ‘I agree’ when visiting online websites and platforms, they do not really know what they are agreeing to. Their lack of knowledge about the privacy policy and other terms of the online agreements thus makes their consent problematic in morally salient ways.
We argue that this prevailing view is wrong. Uninformed consent to online terms and conditions (what we will call, for short, ‘online consent’) is less ethically problematic than many scholars suppose. Indeed, we argue that uninformed online consent preceded by the legitimate exercise of the right not to know (RNTK, to be explained below) is prima facie valid and does not appear normatively deficient in other ways, despite being uninformed.
The paper proceeds as follows. In Sect. 2, we make more precise the concept of online consent and summarize the case against it, as presented in the literature. In Sect. 3 we explain the arguments for the RNTK in bioethics and show that analogous reasoning leads to endorsing the RNTK in online contexts. In Sect. 4, we demonstrate that the appeal to the RNTK helps defuse the critics’ arguments against online consent. Section 5 concludes: online consent is valid (with caveats, to be explored in what follows)…(More)”