DECLARATION OF QUALIFIED ASSENT
AND STANDING OBJECTION
A Public Instrument of Conditional Consent
Version 1.0 — CC0 1.0 (Public Domain)
Preamble
THIS DECLARATION (the “Instrument”) is made and published by the undersigned natural person (the “Declarant”), and is addressed to any natural or juridical person, or any successor, assign, affiliate, agent, or contractor thereof (each, a “Counterparty”), that offers or provides any product, service, platform, device, software, or content (collectively, the “Service”) to the Declarant under terms presented for acceptance at the time of, or in the course of, such use.
Recitals
WHEREAS, the Declarant is from time to time required, as a condition precedent to access or continued use of a Service, to indicate assent to instruments styled as terms of service, terms of use, end-user license agreements, privacy policies, or the like (each, an “Agreement”);
WHEREAS, such Agreements routinely exceed any duration susceptible of contemporaneous review, and are presented under conditions in which refusal entails exclusion from the Service, and frequently from labor, commerce, communication, or civic participation;
WHEREAS, assent so obtained is assent in form but not in substance, and a body of law that treats such assent as meaningful consent rests upon a factual premise that the Declarant expressly repudiates;
WHEREAS, the Declarant does not assert the nullity of instruments to which mechanical assent has been given, but does assert that consent so obtained is defective, partial, and subject to the qualifications and objections herein declared;
NOW, THEREFORE, the Declarant declares as follows:
Article I — Definitions
1.1 “Qualified Assent” means assent to an Agreement given solely as a mechanical precondition to use of a Service, qualified in its entirety by the declarations, limitations, and objections set forth in this Instrument.
1.2 “Operational Necessity” means a term, right, license, or data processing activity strictly and demonstrably required for the provision, in accordance with reasonable consumer expectation, of the specific function of the Service that the Declarant has requested.
1.3 “Anti-Consumer Functionality” means any term, feature, or practice that operates to the detriment of the user beyond Operational Necessity, including without limitation those enumerated in Article IV.
1.4 “Material Change” means any amendment, restatement, supplement, or modification of an Agreement that alters, expands, or diminishes the rights, obligations, licenses, waivers, or remedies of either party, or that alters the scope, duration, or purpose of any data processing activity.
1.5 “Notice” means communication of the substance of a matter to the Declarant, in plain language, by a channel reasonably calculated to reach the Declarant before the matter takes effect, in a form permitting contemporaneous comprehension. Posting to a webpage, footnote, billing insert, or general announcement does not constitute Notice.
Article II — Declaration of Qualified Assent
2.1 The Declarant’s assent to any Agreement is a Qualified Assent. It is given without reading capacity commensurate with the length of the Agreement, and without any realistic power of negotiation, and shall not be construed as informed, freely given, or specific consent to any provision except to the extent of Operational Necessity.
2.2 Where an Agreement bundles provisions into a single act of acceptance, the Declarant’s acceptance extends only to such provisions as constitute Operational Necessity. As to all other provisions, the Declarant objects as set forth in Article IV.
2.3 No provision of any Agreement shall be construed as consent, authorization, or waiver beyond the limitations of this Article II.
Article III — Limitations on Licenses and Data Rights
3.1 Any license granted by the Declarant to content, data, communications, or other materials of the Declarant is limited to what constitutes Operational Necessity, is non-exclusive, is revocable upon termination of the Service, and does not extend to sublicensing, commercial exploitation, or uses unrelated to the requested function.
3.2 The Declarant does not consent to the use of the Declarant’s content, communications, behavioral data, or likeness for the training, fine-tuning, evaluation, or improvement of machine learning or artificial intelligence systems.
3.3 The Declarant does not consent to the sale, sharing, rental, brokerage, or disclosure of the Declarant’s personal data to any third party, except where such transfer constitutes Operational Necessity and is disclosed with the identity and purpose of the recipient.
3.4 The Declarant does not consent to the processing of biometric identifiers, precise geolocation, or behavioral profiles beyond Operational Necessity.
3.5 Nothing in this Article shall be construed to limit any statutory right of the Declarant, including rights of access, deletion, portability, correction, and objection, which rights are hereby invoked in full.
Article IV — Schedule of Objections
The Declarant objects to, and withholds Qualified Assent from, each of the following categories of provision or practice:
4.1 — Forced Arbitration and Waiver of Collective Redress.
Any provision requiring arbitration of disputes, waiving participation in class, collective, or representative proceedings, or restricting the Declarant’s access to any court of competent jurisdiction, including any provision imposing individualized-proceedings requirements.
4.2 — Opt-Out Architecture.
Any scheme by which an Anti-Consumer Functionality is enabled by default and may be avoided only through affirmative action by the Declarant. Any functionality operating to the Declarant’s detriment beyond Operational Necessity shall be disabled unless the Declarant has opted in by separate, specific, unbundled act.
4.3 — Forced Updates.
Any provision permitting the mandatory installation of firmware, software, or configuration updates to hardware or software owned or lawfully possessed by the Declarant, including updates that remove functionality, degrade performance, alter interoperability, or disable features present at the time of purchase, without the Declarant’s prior consent to each such update.
4.4 — Denial of Ownership.
Any provision characterizing the acquisition of a good, device, digital content, or software as a license, revocable privilege, or conditional access arrangement where the form of the transaction and reasonable consumer expectation indicate a sale; any provision permitting the revocation, deletion, impairment, or delisting of purchased content or functionality; and any provision obstructing repair, modification, resale, or interoperability of goods owned by the Declarant.
4.5 — Unilateral Modification.
Any provision permitting amendment of an Agreement without prior Notice of each Material Change, its purpose, and its full extent, and without affording the Declarant a genuine opportunity to decline the change and terminate with data portability and proportionate refund of prepaid consideration.
4.6 — Blanket Assent and Unbundled Refusal.
Any structure under which access to a Service is conditioned on acceptance of provisions unrelated to Operational Necessity.
4.7 — Excessive Length and Obscurity.
Any Agreement whose length, structure, or language exceeds what is susceptible of review by a reasonably diligent person at the time and place of assent, or which buries material terms below the threshold of reasonably conspicuous notice.
4.8 — Liability Limitations and Indemnity.
Any provision disclaiming liability for the Counterparty’s own negligence, willful misconduct, or violations of law; any provision capping liability below the foreseeable loss of a reasonable user; and any provision requiring the Declarant to indemnify the Counterparty except for claims arising from the Declarant’s own willful misconduct.
4.9 — Unilateral Termination.
Any provision permitting termination or suspension of the Declarant’s account or access without cause, without prior Notice, or without a process of cure, appeal, or data export.
4.10 — Retention Without Service.
Any provision permitting discontinuation of a Service, feature, or purchased content without refund of unamortized prepaid consideration and without a reasonable period of export opportunity.
4.11 — Subscriptions and Cancellation Friction.
Any provision imposing automatic renewal without prior Notice of each renewal, or imposing cancellation procedures materially more burdensome than the enrollment procedures.
4.12 — Restriction on Remedy.
Any provision shortening the period within which a claim may be brought below the applicable statutory limitation period, imposing an inconvenient exclusive forum or governing law with no reasonable relation to the Declarant, or waiving the Declarant’s moral rights or statutory consumer protections.
4.13 — Non-Disparagement and Gag Provisions.
Any provision restricting the Declarant’s communication of factual reviews, criticism, or complaints regarding the Counterparty or the Service.
4.14 — Catch-All.
Any other provision constituting Anti-Consumer Functionality, whether or not enumerated herein.
Article V — Conditions of Effect
5.1 This Instrument applies to each Agreement accepted after its publication and to each renewal, extension, or Material Change of any pre-existing relationship.
5.2 Counterparties are hereby given Notice of this Instrument by its publication at the uniform resource locator recorded in Section 8.4. Each Counterparty is charged with knowledge of its contents upon the publication date.
5.3 In any conflict between this Instrument and an Agreement, this Instrument prevails as to the Declarant to the maximum extent permitted by law; in any conflict between an Agreement and applicable law, the law prevails.
Article VI — Reservation of Rights
6.1 The Declarant reserves all rights, remedies, claims, and defenses not expressly waived herein, at law and in equity, including all rights arising under consumer protection, privacy, unfair competition, and contract law of every competent jurisdiction.
6.2 Nothing herein, and no conduct of the Declarant in use of a Service, shall be construed as a waiver of any statutory right, as acceptance of any provision objected to under Article IV, or as assent to any Material Change noticed after the date hereof.
6.3 The Declarant’s payment of consideration, continued use of a Service, or other performance under protest shall not be construed as affirmation of any provision objected to herein.
Article VII — Interpretation
7.1 This Instrument shall be construed in accordance with its purpose: to render visible, recordable, and actionable the defect of consent inherent in standard-form Agreements, and to preserve for the Declarant the full measure of statutory protection notwithstanding mechanical assent.
7.2 Ambiguities shall be resolved against the drafter of the instrument under interpretation.
7.3 If any portion of this Instrument is held unenforceable, the remainder shall continue in effect, and the unenforceable portion shall be given effect to the maximum extent possible.
Article VIII — Term, Amendment, and Authentication
8.1 This Instrument takes effect upon execution and remains in effect until revoked in a signed writing.
8.2 The Declarant may amend this Instrument by publishing a signed successor version bearing an incremented version number; the successor version supersedes this Instrument upon publication.
8.3 This Instrument may be executed in counterparts, including by electronic signature, and each counterpart is an original.
8.4 Canonical publication: https://notconsent.com/
IN WITNESS WHEREOF, the Declarant has executed this Instrument.
Printed Name: ______________________
Date: ______________________
Jurisdiction of Residence: ______________________
Annex A — Explanatory Notes
(Not part of the Instrument. For readers, signers, and counterparties.)
A.1 Legal effect — stated honestly. This Instrument does not void a clickwrap. Courts enforce click-through agreements without regard to whether the user read them, and a unilateral document cannot rewrite a bilateral one. Its realistic functions are: (a) a dated record of protest and non-assent-in-spirit, potentially relevant to unconscionability arguments; (b) invocation of statutory privacy rights (GDPR Art. 21 objections; CCPA/CPRA opt-outs; comparable regimes), where specific objections like §3.2–3.4 are how a data protection officer must log a request; (c) evidence in regulatory complaints; (d) a political instrument — a mass-signed, uniform statement makes the illegitimacy of standard-form agreements countable.
A.2 Design choices. The body deliberately avoids: claims that a click is void (unsupportable, and the hallmark of documents courts mock); sovereign-citizen vocabulary (credibility poison); and vague “I do not consent” formulas (logged by counterparties as noise). Every objection is drafted as either a limit on construction, a statutory invocation, or a record of position — the three forms that can actually do work.
A.3 Why formal drafting. The genre of this document is itself the message: it imposes on the Counterparty the same burden standard-form agreements impose on users. A one-page diatribe is ignorable; a structured instrument with definitions, a schedule of objections, and a notices provision must be processed — and processing a million of them is the point.
A.4 Deployment guidance. Sign once, publish the canonical URL (§8.4), and reference the URL in signup flows, privacy@ / dpo@ correspondence, and disputes. For per-service use, pair it with a short cover email invoking the specific statutory opt-outs — §3.2 (AI training), §3.3 (data sale), §4.2 (opt-out architecture) — because statutory invocations create obligations; the rest creates a record.
A.5 Known limits. Counterparties will not read or honor this voluntarily. Its value scales with the number of signers and the visibility of the registry. Absent regulatory or legislative adoption of its demands (plain-language primacy, granular consent, diff-based change notice, length standards), it functions as testimony, not shield.
Release terms: CC0 1.0 (public domain). Fork it, translate it, shorten it, improve it. If you publish an improved version, keep the version number incrementing so signers know what they signed.