CONSENT REVISITED

摘要

Technological advances have expanded the ways in which consent may be manifested, thereby complicating the determination of whether consent has been given. Examples include shrinkwrap licenses, click-to-accept licenses, faxed signatures, and emails. Each of these forms requires some affirmative action by the person alleged to have given consent and therefore fits comfortably within the traditional framework for determining consent. However, a different class of consent has emerged, typified by computers accepting Internet cookies, where the action underlying the alleged consent is taken not by a human but by a computer.