contractual payloads for MyTerms
previously: paleoenshittification and a path to adoption for MyTerms
One of the big questions about MyTerms is, well, why should sites support it when they can already get “consent” to process people’s personal info using the existing industry standard—Global Privacy Protocol from IAB Tech Lab—and all the available “consent management” (annoying cookie banner) tools that support it?
But MyTerms has been in the pipe for quite a while. While MyTerms has been going through the IEEE process as “IEEE 7012-2025 Standard for Machine Readable Personal Privacy Terms” a lot of other news has happened, so there are now more reasons why a site would want to get a contract in place with a visitor.
MyTerms might have started out as a one-sided trade:
Visitor: I get to not be surveilled
Site: We have to do extra work to fix something we thought we already did when we set up GPP
But now it’s much more balanced. The top-level trade is:
Big companies are trying to surveil me. I want a contract where you promise not to participate in that.
Big companies are scraping my content. I need a contract where you promise not to participate in that.
Win-win. With the right contract, both sides get what they want. The visitor can get part way to what they want with an OOPS/UOOM (GPC), but there are already ways to work around that. And the site might be able to get part of what they want with an LLM training opt out, but the bewildering array of “agent” tool stacks has some workarounds for that too. Both sides are better off with a symmetrical deal: you don’t feed me to the oligarchy bots, I don’t feed you to the oligarchy bots.
Both problems could be addressed with the right contract—but it would be counterproductive for either sites and their service providers or for visitors and their privacy tools to try to get a contract with just “their” half.
And yes, the contract can say that the visitor doesn’t get to collect/infer personal data from the site, and the site doesn’t get to train LLMs on the visitor’s activity or UGC. Make it as close as possible to a mutual defense pact, fair to both sides.
Some contracts will include terms like
You can train if you pay into [training rights clearinghouse]
You can use this identifier for me because I get paid (the Rewarded Interest model)
and they’ll probably consolidate on a few big ones like open source licenses did.
This sounds like a big deal, and in the long run it will be, but if it’s built bottom-up by using and extending existing privacy tools, individuals can see a win before the big picture emerges. And if it’s easy to install on a site then small-time sites can start to see a contractual advantage over “AI” that the bigger sites stuck with a GPP-only approach are missing out on.
And yes, drafting the contracts will be tricky. Some exceptions will need to be in place in order to make it practical for sites and for individual users who both have to participate in society.
In order to get my web site hosted, I’m going to have to collect enough data, or allow my host to collect it, to detect and deal with abuse.
Consumer research groups are going to want to pull just enough data from a visit to detect surveillance pricing, and have the rights to feed that data to their data science stack.
Both sides will have to say something like, I’ll only collect enough info to verify that you’re holding up your end. And make those terms as mirror image as possible.
Some of the possible “legal payloads” for MyTerms will have to include permission to use data for personalizing ads, because some people prefer the ads they get to be personalized and will complain if that doesn’t work. The 51Degrees “Model Terms for Marketing is a good example of that kind of agreement.
Bonus links
I Deliberately Bet Like a Problem Gambler. DraftKings Made Me a VIP. by Jake Pearson. (Why don’t mobile phone platforms support more tools that people can use to control behaviors they want to control? Like a “make me wait 24 hours before re-installing this app” option? Maybe the answer is that gambling losses don’t displace consumer spending like phone upgrades, they displace savings.)
Become
the Thousand Servers A self-paced field course in autonomous
infrastructure.
(includes a lesson on deliberately wiping your
organization web server and restoring from backups)
Internal memos: Microsoft shakes up communications as Nadella makes a push to build in public by Todd Bishop. (This makes sense. Employees who are critical of management can get a lot of attention by leaking, but true believers and rule followers, not so much.)
New Jersey fines data center $1.1M after drone pics expose 62 gas generators by Ashley Belanger. (That fine seems low for such a big operation. Maybe regulators need to review Place value | Khan Academy?)
Researchers
Show How Meta’s ‘Pervert Glasses’ Are Used to Harass Women by
Samantha Cole. The men recording these videos capture them with
Meta’s smart glasses, which are designed to discreetly capture
interactions like these and upload the videos to Meta’s
platforms…
Oldest and Fatherless: The Terrible Secret of Tom Bombadil (This is from 2011 but ended up in my feed because I archived a copy. Enjoy.)
Mamdani’s consumer cop to analyze ‘billions of records’ by Laura Nahmias. (State privacy laws need an R&D budget too. Too much misleading industry-funded research out there.
Amazon Blocks Shoppers From Using Meta’s Newest AI Agent by Colin Kirkland. (This is how Amazon says: we have enshittified our site with crooked ads so much that you’re better off using a bot to shop on here.)
AI model costs are pushing startups towards cheaper open weight by Ana Maria Constantin. (Is this the Solaris to Linux story again? icymi: What Sun got wrong by Bryan Cantrill)