TOS are in a weird spot. The ruling contends that a “reasonably prudent Internet user” would have noticed and read the email, but I would contend the opposite w

TOS are in a weird spot. The ruling contends that a “reasonably prudent Internet user” would have noticed and read the email, but I would contend the opposite with the acknowledgement that it would make TOS effectively obsolete. A reasonably prudent internet user gets half a dozen of these a day, and prudence would dictate the obvious futility of reading all of them, much less remembering the terms bound by each service. It does mean that TOS would be almost wholly unenforceable, but that may be a bridge we need to cross as a society. These documents have gotten too large and updated too frequently to reasonably bind the population at large.