Dan GillmorDec 25, 2022

The New York Times has editorialized angrily against forced arbitration -- a system designed to protect companies from accountability.

So guess what I found in my inbox this morning. Yes! Subscribers to the NY Times must now submit to forced arbitration if there's a dispute:

https://help.nytimes.com/hc/en-us/articles/115014893428-Terms-of-service?launch_id=18232205#12

Show threadJan 🏳️‍⚧️🏳️‍🌈🇨🇦
@dangillmor Who pays for the arbitrator? If it's the NYT, I think a few hundred thousand subscribers demanding arbitration may have the same net effect as a lawsuit -- perhaps even more certainly.
Dec 25, 2022 at 2:23amWeb
Show threadAlan TwigzDec 26, 2022
@jan @dangillmor that is in fact the reason why a lot of companies have been backing off these policies recently. They're not even adopting it when it's on trend
Show threadFyzzlefryDec 26, 2022
@jan @dangillmor Is there a requirement for arbitration to be resolved in a certain time frame?
Show threadNicholas WeaverDec 26, 2022

@jan @dangillmor
IIRC, most arbitration ends up being loser pays.

Recently some attorneys have started specializing in "OK, no class action? Fine. We are going to bury you in individual arbitration"

Show threadÜbermentionsDec 26, 2022
@jan @dangillmor Especially when the subscribers are all in different jurisdictions, as Elon Musk is finding out.