So let us establish our bearings. What Varian celebrates here is not a new form of contract but rather a final solution to the enduring uncertainty that is the raison d'être of “contract” as a means of “private ordering.” In fact, the use of the word contract in Varian's formulation is a perfect example of the horseless-carriage syndrome. Varian's invention is unprecedented and cannot be understood as simply another kind of contract. It is, in fact, the annihilation of contract; this invention is better understood as the uncontract.

Shoshana Zuboff, The Age of Surveillance Cap…, loc. 685