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AOL Responds to AIM Privacy Concerns

By David Worthington, BetaNews

March 14, 2005, 10:37 AM

Changes made to the terms of service for AOL Instant Messenger (AIM) raised a hubbub last week among Internet bloggers who claimed AOL had stealthily added provisions that infringe upon the privacy of its users.

Privacy advocates quickly caught wind of the reports, leading to a firestorm of speculative criticism. In response, AOL has provided some answers to extinguish the fire by dismissing the "mistaken rumors" as being false.

The terms, which were last updated in February 2004, grant AOL ownership and unfettered use of all content generated by and passing through AIM.

"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," the terms read. "All right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this [user] content."

The statement that sparked the most controversy was: "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."

AOL has compared the language found in the AIM terms of service to industry user agreements that inform users about how content posted in public areas can be viewed by others, deeming it "almost standard."

For instance, a "Rate a Buddy" photo posted to the service infers that the user grants AIM the rights to post the photo for others to vote on, or AOL taking excerpts from bulletin boards about current events for use on its services. Some examples of similar TOS were cited from Microsoft's MSN business unit and the Houston Chronicle.

Hoping to provide some clarity an AOL spokesperson emphasized, "First and foremost, AOL does not monitor, read or review any user-to-user communication through the AIM network, except in response to a valid legal process. The AIM privacy policy (which is part of the AIM TOS) makes that crystal 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," the spokesperson added.

It is AOL's position that communication over the service "has been and will remain private," and that changes in the user agreement's legalese do not mean changes in the overall terms of service.

Add a Comment (9 Comments)

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By GoodThings2Life

edited Mar 15, 2005 - 10:35 AM

First of all, there's nothing at all illegal about this. It does NOT violate the first amendment at all, since the Constitution protects us from the Government's restriction over speech, not over free-enterprises.

Even so, the fact remains that AOL is wrong for even making the change in the first place... accidental or intentional. Even if they change their TOS now, I think the damage is done, and I as well as many other people on the Internet are through with AIM.

Score: 0

By ukexpat

posted Mar 15, 2005 - 7:38 AM

That's right, blame it on the lawyers. The problem is that the legalese forms the contract between AOL and its users. That's why it is important!!

Score: 0

By eunichman

posted Mar 15, 2005 - 4:52 AM

"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."

if I post content on aim instant messenger, such as an original art gif I legally copyrighted, and post this to a specific person, the file is for that person and that person alone and only that person has the legal right to do ANYTHING with that picture.
The terms stated by aol basically say that they can break any law relating to copyrighted material, as well as intellectual property and worst case scenario, they can INDEED use your private conversations. No matter what some moron says it's in black and white that they can do just that should they choose to do so and there is nothing you can do about it if you want to use their instant messenger (or any other aol product)

Score: 0

By ukexpat

posted Mar 15, 2005 - 7:34 AM

It is not "illegal" if you accept their terms by continuing to use their service. Your acceptance of their terms is sort of a waiver of any rights you may have in the material that you have posted.

Score: 0

By spiffyjeff

posted Mar 14, 2005 - 9:31 PM

This pretty much means that if I want to share a poem or a song or a photograph or etc. of mine, If i do it through AIM, AOL now owns it? Forget that! DIE AOL DIE!

"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."

Score: 0

By nate

posted Mar 14, 2005 - 11:32 PM

In chat rooms, or message boards, yes. But that's standard terms of service always. Every signle Web site you visit will have that. Otherwise if you submit something, you could sue AOL for keeping it on their servers or letting other people read it.

Score: 0

By ChadL

posted Mar 14, 2005 - 4:44 PM

The problem is really not if they read you sensitive data, as they would really not care. The major secuirty problem has, and will continue to be, the interseeption of messages as they go to or from there servers, such as over a public wireless network.

Score: 0

By nate

posted Mar 14, 2005 - 11:29 PM

Very true. Most people don't realize how easy it is to intercept e-mail and IM chats on public wireless networks such as T-Mobile Hotspots. Even cable modems can be sniffed pretty easily without proper protections. I'd worry more about your neighbor or the guy sitting at the table behind you at Starbucks.

Score: 0

By NyaR

posted Mar 14, 2005 - 4:20 PM

You shouldnt be talking about anything sensitive on aim anyways. And i doubt theyre going to release your "hi how r u today?" conversations, or even bother reading them.

Score: 0

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