Live data from Hacker News

23andMe updates their TOS to force binding arbitration

stackdiary.com

171–180 of 252 posts

Re: 23andMe updates their TOS to force binding arbitration

#171

How do unilateral TOS changes like this work in practice? If the previous TOS didn't force binding arbitration, can they unilaterally impose this change on existing users? Basically forcing existing users to "agree" to this? What recourse do existing users have? I don't use / won't use 23andMe, because of issues like this (the nature of the relationship changing unilaterally). I don't like sharing private data, nothi…

They sent out an email saying you can disagree to the TOS. I wonder what would happen if you did.

Re: 23andMe updates their TOS to force binding arbitration

#172
post #102

Earlier quoted context omitted.

The easy answer should be TOS that are not non lawyer readable or not under N paragraphs are not binding. When you buy a house you don’t give 1 signature. You literally sign every friggen page including multiple places on the same page, TOS shouldn’t be different

To be fair, I expect many people don't actually read every page of the stuff you have to sign when you buy a house, either.

Ironically in Germany there's a notary that reads out every single word of the several pages of such a contract :D

Re: 23andMe updates their TOS to force binding arbitration

#173
post #94

Earlier quoted context omitted.

Yes, exactly. And that DNA profile could be more or less specific as well to the point where you can commit genocide. Think 'final solution', not 'James Bond'.

There will be several Nobel Prizes in creating the technology to get this bioweapon. You need something which reproduces itself even in non-targets, which enters the cell's nucleus, which detects the correct DNA - which may be scattered across the genome! -, which has a mechanism that kills the target people, and where none of this will mutate so as to stop effectiveness, change/broaden the target population, etc. Fu…

> How would you target "Christians" or "Americans" or "Hispanics"?

You don't have to be able to target any group to be able to target some groups. Blacks, Jews and Uighurs might be sufficient. And those definitely have genetic markers.

Re: 23andMe updates their TOS to force binding arbitration

#174

"If you have not notified us... you will be deemed to have agreed..." Is changing the terms of a service agreement with no confirmation/acceptance from the user even legal or enforceable?

My understanding is that courts haven't even tested if terms of service are enforceable, never mind sudden updates to them.

I assume you mean US courts? In other countries there have been lots of cases about TOS, in one way or another. Strange that there isn't such a thing in the us

Re: 23andMe updates their TOS to force binding arbitration

#175
post #110

Earlier quoted context omitted.

Until your country actually implements laws like these and Hacker News starts complaining that it is "business hostile" and "stifling innovation". There are plenty of European countries which already have some laws like these. When I buy something on the internet, I have 14 days to return it if I don't like it. I am guaranteed to have a reasonable warranty. Companies cannot abuse my personal data without explicit con…

Having grown up in the US, my absolute favorite law in Czechia is the one that says the advertised price has to equal the price on the bill. In the US, you get a $20 cell phone plan and the bill is for $60 after fees. In Czechia the price is always exactly as advertised.

To expand a bit, this isn't Czech-specific, in fact it's the norm across most of the developed world.

Re: 23andMe updates their TOS to force binding arbitration

#176
post #105

Earlier quoted context omitted.

Yes, I suck at the eye candy department. Function over form any day for me. You should see my e-bike, it is quite literally covered in duct tape (it was meant temporary, but we all know how that goes). Also: https://jacquesmattheij.com/if-you-have-nothing-to-hide/ Which is probably my best article.

You mention in the article: > Which undoubtedly well meaning civil servant long before World War II came up with the brilliant idea of registering religious affiliation during the census is lost in the mists of time. I guess this happened because The Netherlands used to be a very religious nation? I mean, in 1901 they got Abraham Kuyper[0] as a prime minister. Abraham Kuyper was a Christian minister, and is well-know…

They used to be so religious that it incited a revolt in the southern parts of the country that were of a different religious branch. That's how Belgium came to be, with the only unifying trait for the new country being their shared religion, Catholics, regardless of the many other differences (French-speaking Walloons with many merchants and tradespeople, and Dutch-speaking Flemish that were mostly farmers, and mostly oppressed by the French-speaking ruling classes).

Re: 23andMe updates their TOS to force binding arbitration

#177
post #56

Earlier quoted context omitted.

> I personally don't have any murderous history to hide I've been meaning to ask, could you please remove the curtains to your bedroom so I can see in? I know you're not doing anything wrong so you've got nothing to hide.

Do you want a law that says people can't publish their own DNA SNPs? Sounds like a free speech issue.

Already exists in some countries, like France. Non-court ordered DNA tests are illegal here, mostly for privacy reasons.

Re: 23andMe updates their TOS to force binding arbitration

#178

Can someone please confirm: Is forced binding arbitrage allowed in EU/EEA/EFTA? If no, what happens if you are a customer from France or Germany? It seems like this contract is totally unenforceable! A bit deeper, I really wish it was illegal to create intentionally unenforceable contracts. Too many companies create these incredibly scary contracts that no mortal human can understand, let alone know if unenforceable.

> what happens if you are a customer from France

There are no French customers of 23andme because non-court ordered DNA tests are illegal here.

Re: 23andMe updates their TOS to force binding arbitration

#179
post #56

Earlier quoted context omitted.

Do you want a law that says people can't publish their own DNA SNPs? Sounds like a free speech issue.

Sounds like a good idea. Free speech isn’t the highest law.

Now there's an opinion I don't often see on HN... hi, fellow European!

(Putting aside my modest proposal, I still want to be able to research my family history.)

Re: 23andMe updates their TOS to force binding arbitration

#180

Earlier quoted context omitted.

> and Hacker News starts complaining that it is "business hostile" and "stifling innovation". Thinking in such simple terms is going to draw you to wrong conclusions. Hacker News doesn't complain. People discuss things. Different people have different opinions. And if they did - so what? You're phrasing this as though people talking on Hacker News would somehow overturn common law. > There is no need to mandate a tem…

I think GP was a valid comment about how people propping up business hostility is one of the main reasons consumer law is very weak in the US. Of course, people are allowed to have opinions. GP is arguing what the results of one of these opinions are.

> GP is arguing what the results of one of these opinions are.

I'm saying HN is not the homogenous group the phrasing implies. I wasn't saying GP was implying people can't have opinions.

Post reply on HN