Conclusion

As we have seen in this chapter, there are major issues plaguing the information technology industry with regard to informed consent. End User License Agreements, privacy policies, cookies, and other areas rely on gaining informed consent decisions through mechanisms that appeal to the wrong basis for justification, that is, the autonomy-justified theories of effective consent and duty of disclosure, as discussed in Chapter 1. The enhancements and attempted fixes for the situation that try to fit within the autonomy-justified theory are not usable and cannot solve the problem completely, and continue to place the burden of responsibility on the user. A new perspective is needed on this subject, with a new theory aimed at providing practical outcomes that improve the quality of informed consent in information technology. The next chapter aims to do just that.