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A Promise Falls in the Forest
Mark Rasch, 2004-07-26

A federal court recently ruled that website privacy policies aren't binding, because nobody reads them. The implications are far reaching for contract law and the Internet.

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A Promise Falls in the Forest 2004-07-26
Anonymous- Your Not Data-mining Me! (1 replies)
A Promise Falls in the Forest 2004-07-28
Anonymous Amateur
A Promise Falls in the Forest 2004-07-26
Anonymous (1 replies)
A Promise Falls in the Forest 2004-07-28
Anonymous
Time for an appeal ! 2004-07-27
Daniel Convissor
A Promise Falls in the Forest 2004-07-27
Anonymous
Rogue state 2004-07-28
Louis Bertrand
A Promise Falls in the Forest 2004-07-28
Anonymous
A Promise Falls in the Forest 2004-07-29
L. Kelly
A Promise Falls in the Forest 2004-07-29
Anonymous
A Promise Falls in the Forest 2004-07-29
Anonymous
A Promise Falls in the Forest 2004-07-29
Anonymous
A Promise Falls in the Forest 2004-07-30
Anonymous
A Promise Falls in the Forest 2004-07-30
Anonymous
Will not apply to EULA 2004-07-31
-bildr
A Promise Falls in the Forest 2004-08-02
Steerpike
I think that parts of the District Court's decision are alarming, however, I think it worth pointing out that there are some significant limitations on its scope. To take one example, two of the most promsing claims, one made under the MN Deceptive Trade Practices Act, the other a based on common law negligent misrepresentation, were dismissed by the court for a reason that is only applicable to the airlines industry. Under the Airline Deregulation Act, the States cannot enact legislation covering many airline activities. Such state legislative activity is said to be preempted by federal regulation in the area. As such, it is quite possible that had this case been brought against any company other that an aireline, these claims would have survived a motion to dismiss.

That said, the District Court's position on some of the other claims is kind of spooky.

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Link to this comment: http://www.securityfocus.com/comments/columns/257/27772#27772
A Promise Falls in the Forest 2004-08-02
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