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Posted by dryadin 10 hours ago

US Court of Appeals: TOS may be updated by email, use can imply consent [pdf](cdn.ca9.uscourts.gov)
391 points | 303 commentspage 6
hobs 4 hours ago|
"and we do not hold that notice by mass email establishes inquiry notice in every case."

Basically the case met two of three factors and so they said yeah probably but its not establishing precedent because each case is special.

blurbleblurble 4 hours ago||
Is it just me or is the US unraveling?
Noaidi 5 hours ago||
Gonna try this with my landlord....
vcfunding 5 hours ago||
Trust no one.

Never sign or use anything.

shevy-java 7 hours ago||
How do they ensure that the email reaches the destination though?

I have had emails never delivered to me, not due to my own fault but the service provider filtering it away before I could do anything. It is also dangerous to assume "use implies consent". I am sure there are other ways to ensure terms of use to be changed; if it is a web-application then one could only resume using it if the services were accepted before.

soganess 9 hours ago||
Is this panel (Gould/Clinton, Nguyen/Obama, and Bennett/Trump) a standard pull for the ninth? Considering how many judges are in the ninth:

> https://en.wikipedia.org/wiki/United_States_Court_of_Appeals...

It seems less likely to (randomly) have the same panel on two higher profile cases so close to each other:

> https://courthousenews.com/ninth-circuit-keeps-block-on-dhs-...

So I'm wondering if it is some procedural thing I am not privy to?

iririririr 7 hours ago||
well, I hope the companies doing that have someone watching contact@ to cut my acces when I send my version of thr updated terms of service, since allowing my usage can imply consent. Right?
hsbauauvhabzb 10 hours ago||
The email account I cannot access because google decided to ask me for a captcha for which I have no knowledge of, and the don’t have a human help desk that I can contact to prove ownership by providing ID documents?

Got it.

EarthAmbassador 10 hours ago||
Exactly.

I don't understand how a community such as this, as connected as it is, can't back channel a message to Google brass to do something about these lockouts, which occur frequently and are unnecessary. There is no way Google doesn't know about them.

Gmail is an essential piece of pervasive personal infrastructure, upon which hundreds of millions of people rely. People are losing irreplaceable data for lack of care on the part of Google. The cost of providing a way to prove identity while maintaining security ought to be part of the cost of doing business for Google as it provides Gmail.

Surely there are some Google employees lurking who can chime in on this frustrating neglect.

hsbauauvhabzb 8 hours ago||
The cost of adding a support desk outweighs any potential profit, I would imagine by a huge amount given accounts are ‘free’.

It’s not that the executive don’t know, it’s that they don’t care.

duskdozer 7 hours ago||
If they weren't making enough money from having people use their "free" accounts, they wouldn't offer them.
kotaKat 7 hours ago||
The jackasses at Ring provide a clickwrap forced EULA consent in their app update changelogs.

https://play.google.com/store/apps/details?id=com.ringapp

They slip "By using this app, you agree to Ring’s Terms of Service (ring.com/terms). You can find Ring’s privacy notice at ring.com/privacy-notice." into their app update changenotes for every update.

michaelteter 10 hours ago||
US capitalism (aka, powerful financial entities driving policy).

To be fair, not all people in business or government prioritize "the all-mighty dollar" over everything else. Unfortunately, those who don't usually have principles; those who do often are willing to break rules. This is not an even match.

nozzlegear 9 hours ago|
It's just an appellate court ruling, not the summary execution of Bernie's last faithful warrior. It can't even set precedent since the opinions are unpublished.
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