Clickwraps on Social Media

Clickwraps on Social Media: Manufacturing Consent

Consent and Clickwraps

Consent is crucial for online privacy, especially concerning data management (collection, use, etc.). Informed consent, the highest standard, requires individuals to be fully knowledgeable about what they agree to. Clickwraps facilitate consent by prompting users to accept or reject digital policies quickly but can also circumvent thorough engagement with these policies.

Clickwraps as Political Economic Mechanisms

Clickwraps may serve a political economic function by keeping users on a path toward monetized sections of services, discouraging critical inquiry into privacy frameworks. This is achieved through an agenda-setting function, where prompts encouraging circumvention are more prominent than policy links.

Types of Agreements

  • Browsewrap Agreements: Implied consent through the use of a service where terms are available via a link.

  • Clickwrap Agreements: Digital prompts requiring users to click a button or check a box to indicate agreement.

Clickwraps aim to improve upon browsewraps and shrinkwraps by explicitly prompting users about policy agreements. However, many social media clickwraps only provide links to policies, not the policy text itself.

Clickwrap Characteristics

Social media platforms often use "quick-join clickwraps," combining signup and consent prompts on a single page. Policy links (TOS, privacy policy) are typically in smaller fonts, with prominent accept buttons, reducing the likelihood of users engaging with the policies.

Adhesion Contracts and Social Media

Clickwraps facilitate "adhesion contracts," presented in a take-it-or-leave-it manner. This raises concerns in social media due to user content generation and the draw of network effects, potentially excluding those who don't participate.

Political Economy of Clickwraps

Consent materials offer users an opportunity to question power structures. However, hiding these materials or discouraging engagement impedes dissent. Clickwraps can be seen as a tactic to connect users to services and monetize sections quickly, circumventing important information about rights and data handling.

Clickwraps and "Manufacturing Consent"

Drawing from Lippmann and Herman & Chomsky, clickwraps can be seen as a way to "manufacture consent" by shaping opinions and behaviors. By emphasizing content that promotes a "buying mood" and de-emphasizing critical thinking, media producers maintain the status quo.

Study Results: User Perceptions

  1. Failure to Notify: Clickwraps fail to make users aware of the consent process due to prominent "JOIN" buttons and hidden policy links.

  2. Consent Process Unimportant: The presentation of clickwraps suggests the consent process is unimportant, with users assuming there is nothing critical in the terms of service.

  3. Discouraging Engagement: Clickwraps discourage engagement with the consent process, with users feeling pressured to join quickly and skip reading policies.

Implications

Clickwraps may fail to provide a reasonable opportunity for users to find and read terms, contributing to a culture of ignoring consent materials. This benefits corporate interests by maintaining the status quo and limiting meaningful engagement with privacy protections.

Conclusion

Clickwraps, as a political economic mechanism, benefit corporate interests while failing to deliver digital privacy and reputation protections associated with meaningful engagement in consent processes.