At a really high, generalized level (with contract law being a subset), I think the legal system (and in many ways society in general) has yet to really get a g

At a really high, generalized level (with contract law being a subset), I think the legal system (and in many ways society in general) has yet to really get a grasp on the concept of resource exhaustion attacks. We all know about DDOS as it applies to digital systems, but individual humans and the social systems we make also all have actual, hard limits on how much information we can possibly process, store, and communicate/move around. A lot of the foundations of law and debate date back to long before we entered the sharp part of our current information production J-curve, when it was much more possible for a single human to be more generalist and it was simultaneously simply more difficult and expensive to pump out hundreds or thousands of pages of contract and law. But those days are past, and at some point, to the extent we want (and we should want it) law to work for humans, there need to be actual principles around the fact that if something exceeds the time/memory/intelligence a human could reasonably apply to it then it shouldn't matter if "they could in theory". Let alone if they really couldn't, even in theory (not enough seconds left in their lives). Organizations may be able to act as superhumans here, able to subdivide work and specialize towards a single goal, but for regular actual humans resource cost should be a fundamental consideration of legal validity. I'd like to see this improved for both sides of the equation though FWIW. I agree that as a user/consumer, the EULA/TOS situation is intolerable and that there's a lot of sketchy or outright bullshit stuff in many (maybe most) of them. But I do think some of the contents are also genuinely guarding against liability that frankly really just shouldn't exist by default either. If someone writes up some software or makes a service and just puts it out there on the open market with no promises, they shouldn't need any sort of contract at all saying they won't be liable if it's used for life-safety critical applications for example (EULAs/TOS are full of this, right up to "this is not for nuclear reactors you fucking idiot" clauses). The law should provide for minimal basic standards and simple money-back guarantees for lack of performance, but just as users shouldn't have to read a 50 page EULA that somewhere buried within tries to take lots of their rights and lay claim to as much of their information as possible and such, so should developers not have to worry about being sued because there was a bug unless they've actually affirmatively promised there wouldn't be a bug. Major liability should tie into things application promises and SLAs, which would be more generally negotiated between entities who can reasonably handle the increased information and legal complexity and think it all through. I do really hope we see some standardization all the way around. It seems like there could be some real win/wins in this area, and that it's not necessarily that politicized either.