'Our study shows that courts and laypeople can understand the same privacy policy language quite differently. Taken together, these results provide important evidence for the propositions that (1) social norms and user experiences with technological applications, not privacy policies, will drive users’ understanding of the nature of their bargain with firms, that (2) this is the case even when users read those policies reasonably carefully, that (3) most users of email and social networking sites believe that Facebook, Yahoo, and Google are authorized to engage in controversial and invasive practices implicating user privacy, and that (4) there is presently little reason to expect the development of a robust market for premium privacy-protective email and social networking applications in the United States.'

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2838449

John Wunderlich,

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"...a world of near-total surveillance and endless record-keeping is likely to be one with less liberty, less experimentation, and certainly far less joy..." A. Michael Froomkin

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