Legal scholar Margaret Radin observes the Alice-in-Wonderland quality of such “contracts.” Indeed, the sacred notions of “agreement” and “promise” so critical to the evolution of the institution of contract since Roman times have devolved to a “talismanic” signal “merely indicating that the firm deploying the boilerplate wants the recipient to be bound.” Radin calls this “private eminent domain,” a unilateral seizure of rights without consent.

Shoshana Zuboff, The Age of Surveillance Cap…, loc. 151