Risky Fine Print: A Novel Typology of Ethical Risks in Mobile App User Agreements

Abstract

Mobile app users e-sign terms of service (ToS) and privacy policy agreements (PPA) on a daily basis, oftentimes without reviewing them. This practice is problematic because ToS and PPA include considerable “ethical risks,” that are, questionable elements that they would not reasonably expect to find in these agreements. This Article introduces a novel conceptual framework and comprehensive typology for analyzing ethical risks in ToS and PPA of mobile apps. The proposed typology is the first to integrate ethical risks stemming from both ToS and PPA into a single coherent framework. Furthermore, the typology addresses the identified risks in terms of both the rights violated and the concrete business and legal practices that create them. Based on this thorough analysis, the Article argues that the legal mechanisms of ToS and PPA do not achieve their purposes. ToS and PPA often legalize ethical risks by obtaining users’ consent to terms that users may not fully understand. As such, rather than protecting users, ToS and PPA frequently perpetuate users’ vulnerabilities and subject them to rights-infringing measures.