The US terms of service, the idea presented here at http://americanscience.blogspot.com/2013/07/a-contest-for-writing-new-social.html,
is simply a horrendous idea for the United States. There are a large number of
drawbacks in both utility and implementation that could never be factored into
a non-intrusive design, as well as being impractical for the purposes of
society.
The current model of the internet
involves businesses (mainly telecommunication companies) building the
groundwork for access, and then charging for use. The companies themselves are
not owned by the government, and should not be forced to submit to the
governments will. By forcing collection of data, the companies have the choice
with receiving additional scrutiny and pressure from government agencies or
using some of the revenue the companies have earned to appease the powers above
them. The present model, while not ideal, is much better than the idea of a
United States terms of service for the use of any electronic communications
devices.
If a United States terms of service
were to come about, it would streamline the process for the government to have
access to everyone’s data. All the phone, internet and media companies would have
no choice but to hand over any and all data that was not declared prohibited by
the terms of service due to the contract being approved every time before a
user enters the log in. Companies who refused (using the imperfect example of
some type of metadata overlooked before the terms of service came about) could
and would be fined; the process has now been automated and users signed away
the right to keep such information private, even if the company disagrees with
giving away information about its users.
While such a problem with companies
is inherent with this system, there are other drawbacks and negative aspects.
Deciding on an ideal age to allow users to start filling out the terms of
service is important. If the user is a child, the implication of the contract
is meaningless. If the user is forced to do it in primary school, the contract
seems like an extra step that will be glanced over and accepted just to get to
access the internet. If there is a test that has to be passed to ensure the
user is familiar enough with the contract, this prohibits users below that age
from using the internet (or even phones, since data can be gathered from those
as well).
If the contract requires a test or certification
to use the internet, this will have a negative impact on foreign users. People
traveling on business, vacation or education will not have access, and probably
will not have the time to learn about the certificate and take the test. The
rest of the world lacks such a system of internet use, and it only detracts
from visitors to the United States. Another issue is for those who do pass
certification. If codes are given out specific to each person, it would have to
be entered with each use of the internet. ISPs would have to have a wall that
forces the user to enter the code every session before internet use. People
would have to enter the code before using a phone or computer, and add a huge
delay to any device when forced to listen or click through a terms of service.
Additionally, most users already
click through a terms of service when joining a website, let alone one just to
get on the internet for information. If users did not have to enter a log in or
be certified, those people are unlikely to actually read the terms of service. This
additional step only hampers users, and leaves people feeling annoyed for the
extra hoops they have to jump through.
Considering both the Terms of
Service model and the current model, the United States would be better off
adhering to the current model over the Terms of Service model, if those are the
only two options. The ideal method of internet use would be to have the
internet inaccessible to government law, as it is a global network, and should
not be policed by any one country. While it would be less likely for terrorist
attacks to be seen using the internet, there would be no ambiguity that the government
would need to decide between potential terrorists and users. The internet is a
place of animosity, and by having a terms of service or heavy government
involvement, it loses that sense of animosity.
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