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by bigwavedave 1988 days ago
>It's like a child signing a contract.

I don't know if I'd go that far. There's a whole class of laws around protecting children (two quick examples here in the US: age of consent; being tried as a minor vs tried as an adult) because the reality is that, in general, children are easier than adults to exploit. I mean, I convinced my nephew over the holiday that eating all his broccoli was like doing extra credit for Santa Claus, so it would cancel out the naughty action of eating one of the cookies he put out for Santa.

Saying that an adult agreeing to an unread ToS is unenforceable because we don't hold children accountable for signed contracts is plain nonsense.

1 comments

Our current law makes a sharp divide between children and adults, but I think when you ignore the current law and instead look at the reasoning and the data we have, the comparison is pretty sound. The gap in knowledge and domain specific reasoning ability between the average child and adult is smaller than the gap between the average adult and a corporate team of lawyers. While I think that is already a sign the issue needs to be considered, we have corporations exploiting this knowledge gap to their advantage. There are also many countries have recognized this as a problem and have developed different attempted solutions, such as creating limits on what sort of contracts can be enforced.

So I do not see how the overall idea can be dismissed as nonsense.

That's fair, I'll concede that.