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Full-Text Articles in Law

Private Lawmaking In Commercial Cyberspace, Eliza Mik Nov 2016

Private Lawmaking In Commercial Cyberspace, Eliza Mik

Research Collection Yong Pung How School Of Law

No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …


The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik Apr 2016

The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik

Research Collection Yong Pung How School Of Law

Online businesses influence consumer behaviour by means of a wide range of technologies that determine what information is displayed as well as how and when it is displayed. This creates an unprecedented power imbalance between the transacting parties, raising questions not only about the permissible levels of procedural exploitation in contract law, together with the adequacy of existing consumer protections but also about the impact of technology on consumer autonomy. There is, however, no single technology that threatens the latter. It is the combined, mutually-enforcing effect of multiple technologies that influence consumer choices at different stages in the transacting process, …