LATEST ENTRY

| Noah Brier

AOL is Listening In on You

March 12, 2005 | RSS | EMAIL | PRINT | 6 COMMENTS

AOL Instant Messenger's new Terms of Service includes a rather disturbing addition that gives AOL a right to do anything they want with your conversations (if I understand it correctly). Here's what it says:
Content You Post
You may only post Content that you created or which the owner of the Content has given you. You may not post or distribute Content that is illegal or that violates these Terms of Service. By posting or submitting Content on any AIM Product, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content on the AIM Product and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content. In addition, by posting Content on an AIM Product, you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.

Those last two lines are what really disturb me. "You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses."

I'm not quite sure what to say about it, but I'm going to seriously consider moving to another program. Are there other options that allow you to chat with your AIM buddies? I have to admit, I'm not very down on this stuff, since I've been using AIM for as long as I can remember.

Thanks to Thrashing Through Cyberspace for the heads-up on this one.

UPDATE: Read my entry about the updates to the AOL TOS.

PREVIOUS ENTRY | NEXT ENTRY

LEAVE A COMMENT

First name, first and last, whatever you feel like.

Required, but not displayed (so don't worry about spam).

If you've got one, flaunt it.

You can use some HTML (a's, br's, p's, oh my!) if you'd like, if you don't know what that means, don't worry about it.
REMEMBER ME?

COMMENTS

1marcos

this total privacy waiver is a little worrying. i guess aol is worried about people sending eachother illegal mp3s etc via sending files? i use the trillian program instead of aim, but i have no idea how the server stuff works, and i imagine it all runs through aol at some point.

March 13, 2005

2Noah Brier

Yeah, but the total privacy waiver allows them to use the content in any way they want. I think it's bigger than just transferring MP3s. Check out this line: "by posting Content on an AIM Product, you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium."

That certainly sounds like advertising.

March 13, 2005

3marcos

i agree that it looks like an advertising thing. i just cant imagine that 12 yr old jane and jill are writing add quality text. also, how would they scan all the messages that get sent? i guess i cant really see where they are going with this.

March 13, 2005

4Noah Brier

I can't really either, but I think we're going to start hearing about it this week. There's a buzz rumbling up online and I expect it might explode. It just kind of scares me that they could have hold onto a copy of every conversation I have and then use them for whatever they want.

March 14, 2005

5marcos

yeah, it probably wouldnt be such a big deal, but ive read that they pretty much have the same terms for the aim/works program designed for offices. im not sure any office would be pleased about aol being privy to everything sent between employees.

March 15, 2005

6Noah Brier

I agree, it seems like a serious breach of security. Although AOL is swearing that "content you post" only refers to forum posts. I'll probably write another entry about this, but in the mean time read this and this. Then, for good measure, read this Boing Boing post.

March 15, 2005