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23andMe frantically changed its terms of service to prevent hacked customers from suing
(www.engadget.com)
This is a most excellent place for technology news and articles.
IANAL and I don't claim to fully understand the case, but it looks to me like the reason they might be able to get away with it is that they're not trying to change anyone's rights or obligations; they are "merely" changing the mechanism by which disputes are to be resolved. It is of course a pure coincidence that the new mechanism makes it a lot harder to find 23andMe liable for any infractions.