The Wall Street Journal notes that while Instagram may have publicly blundered in changing its terms of use last month, Instagram was careful to preserve an arbitration clause that prohibits consumers from  making use of their 7th Amendment right to trial by jury.  As we noted months ago, social media sites and other internet companies have been very busy e-mailing notices of changes to their terms of service, most notably with insertions of arbitration clauses and sham opt-out provisions

However enraged consumers may be about the unilateral changes social media sites continue to make that dramatically affect the privacy of consumers, the real story remains that privacy rights are meaningless if there is no effective remedy to enforce such rights. Arbitration effectively denies consumers any remedy by making sure that the cost associated with vindicating a right is disproportionate to the monetary relief a consumer can obtain in arbitration. Worse yet, since arbitration bans  injunctive relief, the consumer can never fix any systemic violation of privacy rights.  Simply put, arbitration confers corporate immunity on social media sites to do what they please as they please.