A consumer often unwittingly agrees to the terms or an agreement presented to them by a service or product provider by either checking the box marked “I agree” on the web page, or by “opening the box.”

The terms are often presented in a manner that are hard to understand. And, for the vendor to make money their business model (might) have to claim rights that an unsuspecting consumer might not give up if they were fully understood the agreement.

There is no explicit description of that exchange of value between the provider and the consumer that is written in a form that is easy to understand. If there was, it might be branded “the digital deal.”

If I remember rightly he was very concerned that as technologists we were the people who should be engaged in this debate, since we were unwittingly creating complex systems with embedded rules that have enormous consequences and impact people’s privacy and fundamental rights. Sure as heck government is not helping the consumer, so why don’t we help ourselves, and at least expose it? At the time Johannes was also proposing a reestablishment of “digital human rights”, which he should talk about (also remember Bush was still around …)

Just taking this a step further. If there was such a thing, maybe it would open up the opportunity for a consumer to negotiate their own deal. This might not be such an extreme thought if you add up – ownership of your own digital identity+the long tail+Web 2.0+collaborations etc. PLUS an explicit rendition of the terms and then maybe negotiation protocols?) It might facilitate a more equinanimous distribution of wealth – maybe Google would be more like a mutual society than a (not so) evil empire

I wish I’d known Nick. We would probably have enjoyed tractor-geeking.

What a loss!

Nick had as keen a grasp as anyone of the real issues around protection of privacy while living life in the information world. I recall a wonderful conversation with Nick and Owen Davis about bringing authenticity and privacy to child-oriented social networks. A very insightful guy, and lots of fun to klatsch with about not just privacy but his family, his farm and… his tractor.

My heartfelt condolences to Laura Ellen, Nina and Sasha, if they happen to read this.

(I saw a Friend–Bonnie Tinker–lying badly injured and dying a minute after a bicycle accident while at the Quaker Gathering a few weeks ago. … There but for the Grace of God go I. But I’m not going to let her death stop me from bicycling, nor Nick’s death from bush-hogging.)