Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook

24 05 2012

By Eric Goldman

E.K.D. v. Facebook, Inc., 3:12-cv-01216-JCS (S.D. Ill. March 8, 2012). The complaint.

This opinion reaches two interesting conclusions. First, it says children-users can’t disaffirm Facebook’s terms of service (TOS) so long as they keep using the site. Second, it says the children-users are bound to Facebook’s TOS even though the court thinks it’s a browsewrap. Neither ruling is unprecedented, but both rulings represent a very favorable bounce for Facebook. Yet, for reasons I’ll address in a moment, I’m not 100% clear why Facebook wanted this outcome.


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