Kim points out that paper documents once imposed natural restraints on contracting behavior simply by virtue of their cost to produce, distribute, and archive. Paper contracts require a physical signature, limiting the burden a firm is likely to impose on a customer by requiring her to read multiple pages of fine print. Digital terms, in contrast, are “weightless.” They can be expanded, reproduced, distributed, and archived at no additional cost. Once firms understood that the courts were disposed to validate their click-wrap and browse-wrap agreements, there was nothing to stop them from expanding the reach of these degraded contracts “to extract from consumers additional benefits unrelated to the transaction.” … In 2008 two Carnegie Mellon professors calculated that a reasonable reading of all the privacy policies that one encounters in a year would require 76 full workdays at a national opportunity cost of $781 billion. The numbers are much higher today. Still, most users remain unaware of these “rapacious” terms that, as Kim puts it, allow firms “to acquire rights without bargaining and to stealthily establish and embed practices before users, and regulators, realize what has happened.”

Shoshana Zuboff, The Age of Surveillance Cap…, loc. 152