User Warning

AutorLuca Belli
Páginas321-322
321
User Warning
99 User Warning
Luca Belli
In the context of platform governance, a user warning is a message
directed to specific users by the platform operator, usually in the form
of a notice or other format, aimed at alerting users that there will
be an upcoming event that warrants the attention of the user. Such
changing situation may be, for instance, the upcoming appearance of
explicit graphic content on a news feed or the upcoming alteration
of contractual terms of the platforms.
User warnings are typically utilized to convey an alert and afford a
user the possibility to form an informed choice before proceeding
to an activity that may have unwanted and potentially negative
consequences. While warnings can be used to raise awareness and
propose options to one or more users, they are generally deployed
to alert them of upcoming events that may lead to dangers or other
unpleasant situations within a particular context.
A well-known but non-Internet-related example of warning that
illustrate tellingly the purpose of a notice is provided by the so-called
Miranda warnings, also frequently referred to as ‘Miranda rights’,
following the 1966 Miranda v. Arizona case. Such workings are a
type of notification given by police to criminal suspects in police
custody advising them that they have the right to refuse to answer
questions or provide information to law enforcement as ‘anything
you say can be used against you in court.’
Warnings, in the form of contractual notices, are an interesting
regulatory mechanisms due to their very limited cost of
implementation although they have limits in terms of effectiveness
(Ben-Shahar & Schneider, 2011) and may even create additional
costs for users, without achieving the regulatory goal, as illustrated
by the implementation of cookie banners. (Privacy International,
2019) In this perspective, Calo (2012) notes that regulators, who
face limited resources, perceive notice as an attractive regulatory
strategy, as it is particularly cheap to implement and easy to
enforce; by providing information on their rights and on the service
characteristics to users, providers avoid that the regulatory authority

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