Why is the line “You waive any right to privacy” worthy of such a maelstrom now when it’s been in AOL Instant Messenger‘s Terms of Service since Feburary 5, 2004? Don’t believe me? Check the Internet Archive for yourself.
Since the change to the privacy policy was made over a year ago, I feel quite a bit sorry for Andrew Weinstein, a spokesman for America Online who’s unfortunately got to deal with this rot on a Sunday. You can read his very good points over at Steve Rubel’s blog, in response to one of Steve’s posts.
As far as I can tell, the whole hubbub started after this guy‘s Friday morning blog entry got posted on Slashdot. From Slashdot, it went everywhere – picked up by a massive number of well-read blogs. (And when I say ‘massive,’ I mean it.) What are all these people leaving AIM going to do when they realize the privacy policy’s been in place for over a year now?
Not that it really matters, since this looks like a zero-content tempest to me. Here’s the relevant bit from the Terms of Service:
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.
According to AOL spokesman Weinstein, “The related section of the Terms of Service is called “Content You Post” and, as such, logically and legally it relates only to content a user posts in a public area of the service.” While I don’t immediately see the clear distinction between posting something publicly and sending an IM to a friend, this bit here from the Privacy Policy does seem pretty clear:
“AOL does not read your private online communications when you use any of the communication tools offered as AIM Products. If, however, you use these tools to disclose information about yourself publicly (for example, in chat rooms or online message boards made available by AIM), other online users may obtain access to any information you provide.”
Really, folks, all AOL’s done is made their legalese a little bit clearer than their competitors – and everyone’s mistrust of corporations made misunderstanding the legalese all too tempting and easy. AOL’s no better and no worse than anyone else out there. It’s the Internet. You don’t have any privacy. You haven’t for ages. You gave it up willingly many, many Terms and Conditions ago.
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there’s only one service offered through AIM — instant messaging.
this statement:
“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.”
is incompatible with ths statement:
“AOL does not read your private online communications when you use any of the communication tools offered as AIM Products.”
one overrides the other.
“we don’t read your IMs. but if we did, we could take the content of those IMs and sell them to the highest bidder and you can’t do a thing about it.”
and when the federal government wants to datamine these IMs? it would still be true, “AOL does not read your private online communications…” but big brother does.
It may well be the case that this clause was introduced a year ago but pwople tend not to pay a great deal of attention when reading the T&Cs for things like AIM. Like this guy says, if we had similar clauses written into the contracts for anything else we buy or use we would be screaming blue murder.
It just seemed to me like something a little beyond what was necessary.
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