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Empiricism and Privacy Policies in the Restatement of Consumer Contract Law

Gregory Klass

Yale Journal on Regulation2019article
ABDC B
Weight
0.52

What the paper says

The Draft Restatement of the Law of Consumer Contracts includes a quantitative study of judicial decisions concerning businesses' online privacy policies, which it cites in support of a claim that most courts treat privacy policies as contract terms. This Article reports an attempt to reproduce that study's results. Using the Reporters' data, this study was unable to reproduce their numerical findings. This study found in the data fewer relevant decisions, and a lower proportion of decisions supporting the Draft Restatement position. It also found little support for the Draft's claim that there is a clear trend recognizing privacy policies as contracts, and none for the claim that those decisions have been more influential than decisions coming out the other way. A qualitative analysis of the decisions in the dataset reveals additional issues.

12 citations

Cite this paper

@article{gregory2019,
  title        = {{Empiricism and Privacy Policies in the Restatement of Consumer Contract Law}},
  author       = {Gregory Klass},
  journal      = {Yale Journal on Regulation},
  year         = {2019},
}

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Empiricism and Privacy Policies in the Restatement of Consumer Contract Law

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Evidence weight

0.52

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.45 × 0.4 = 0.18
M · momentum0.76 × 0.15 = 0.11
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.