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VoIP Terms of Service May Surprise You

rabtech writes "If you are thinking of ditching a land-line for a VOIP provider such as Vonage or Net2Phone, you might want to think again. Software "End User license Agreements" have gotten a lot of attention in the past over their onerous and restrictive terms, but who would expect such things from your phone company? The prime example is Vonage, which states among other things that 'If Vonage, in its sole discretion believes that you have violated the above restrictions, Vonage may forward the objectionable material, as well as your communications with Vonage and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.'" (Read more below.)

"Don't forget the obligatory 'we can change these terms of service whenever we like and they become effective immediately when posted to our website.' Read for yourself here(1), here(2), and here(3). I won't put up with this kind of thing in my software and I certainly won't put up with it from my phone company!"

10 of 285 comments (clear)

  1. Privacy etc. by onree · · Score: 5, Insightful

    This -- as well as the potential long-term storage of all content that passes through Vonage's network -- is why I think it's crazy people are so gung-ho about unregulated 'phone' service. Just one more sacrificial lamb to the information economy.

    1. Re:Privacy etc. by Malor · · Score: 5, Interesting

      Well, assuming a 3 minute call... you can store voice data in about 8k/second. 3 * 60 * 8 = 1440... meaning the 'average' telephone call is going to take almost exactly one floppy disk to store.

      Storage is somewhere around a buck a gig, so that means I could store a thousand average calls for about a buck.

      Let's say that everyone in the country makes five 'average' calls a day. That's 250 million people, or about 1.25 billion calls a day.

      In terms of just storage, archiving every one of those calls would probably cost about 1.25 million/day, or about 500 million a year. We spend that much in Iraq every couple of DAYS.

      Now, there are going to be scaling problems with addressing this much data, and it wouldn't be this cheap, but if our government really wanted to do this, they *could*. It's feasible, although costly, to do TODAY... and in five years, it'll be a lot cheaper.

      And look at it from a smaller perspective... if Vonage is handling a hundred thousand calls a day, they could easily archive an entire day onto ONE HARD DRIVE.

      It's not nearly as tinfoil-hattish as you seem to think.

  2. Sorry folks by oasis3582 · · Score: 5, Insightful

    Sorry people, but no one is making you sign up for these services. Don't like that Gmail scans your inbox for advertising purposes? Don't bitch...just don't sign up. If it strikes a nerve with enough people that actually bother to read the ToS, then they will be forced to revise them. VoIP providers are no exception.

    1. Re:Sorry folks by Zebbers · · Score: 5, Insightful

      Jesus christ. You know. Free market does not always work. Sometimes people do need to be protected from massive corporations.

      This isn't email- inherently insecure. This is voice communications. Voice communications that recently began the trek to being legislated as such...with 911, taxes, etc.

      Wake up and smell the coffee. There are plenty of places people would like to "take a stand" but it's kind of hard to take a stand against million dollar corporations who really don't give a shit. We need to collectively stand up and say(legislate) you can't do this and must do this....because if we DONT, they WONT. It's that simple. Corporations do not care about people.

  3. This is why I use callVantage by slakdrgn · · Score: 5, Interesting

    I looked around for quite some time on a VoIP provider and eventually settled on callVantage. There are some annoying things (cannot run behind router, wants to be first machine in line, so I had to get a 2nd IP addy from the cable company) with using this, however, their ToS isn't as bad as most other VoIP providers. Plus, though they are a rather large phone company, they have pressure on them to make this work because of their regualer landline & corporate services. I'm sure they take liberties with this being unregulated, however, they will be more noticed and have more pressure should they screw up. So far so good, quality has been wonderful, hardly any cutout or breaky voices due to downloading a lot (slackware off bt). The modem they provide isn't half-bad, and I got to talk my wife into letting me get a 2nd DHCP address, which provides a few other advantages for me. Plus, its a good $30.00 cheaper then the local lec.

  4. How often do you read all the ToS? by empaler · · Score: 5, Interesting

    I'm glad that there are people out there willing to start a debate on what is acceptable or not in this regard.
    What really bothers me is people who do not recognize that this is the cornerstone of democracy (a healthy debate).

  5. Money or privacy? by jebilbrey · · Score: 5, Informative

    I currently use Vonage, and I can tell you this. At $15 per month, I'm willing to give up a little to save money. Before Vonage I was paying $50+ a month for my local/long distance carrier. And that $50 only gave me a few added services. Now with Vonage I have every option service under the sun (three way calling, voicemail, caller id, etc etc.) I don't plan to do anything illegal, so if they share some info about me I'm not that worried. Then again, I wasn't aware that they had complete free reign over my informtion, so I do plan to write some letters asking them to change their policies. I think overall though, just like anything else, you have to weigh your own concerns over privacy vs cost and make a decision that works for you.

  6. Re:Scary by Itsik · · Score: 5, Interesting

    I totally agree with the parent regarding the recording aspect. It is my impression that this isn't any different than what is currently happening with land line phone companies though.

    During a television interview with Patrick Norton on what used to be TechTV. The head of the NSA had revealed that following 9/11 various "Random" phone calls are being monitored, using a monitoring system that is triggered by keywords, that are used during the phone conversation.

  7. So let me get this straight... by Jason+Hood · · Score: 5, Interesting

    If you dont break the law, you have nothing to worry about.

    I am sure that they do not sit and listen and record content of calls all day long. They do however drop in from time to time to examine quality and misuse (misuse being defined as anyone who knowing tries to circumvent restrictions or steals access). Phone companies already do the same thing and have done so for years. I know, I have worked for one.

    This "news" is simply more propoganda created by the makers of tin foil. Damnit they must be rich.

    --
    Are you intolerant of intolerant people?
  8. Re:Scary by YouHaveSnail · · Score: 5, Informative
    It does help to read more of the TOS than what's quoted in the /. summary. For example, the section leading up to the quoted part goes like this:

    1.3 Lawful Use of Service and Device
    1.3.1 Prohibited Uses
    You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Vonage's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.


    These are the 'restrictions' they're talking about. What they're saying here is that if you're using their equipment for criminal purposes, and if they know about it, they have the right to terminate your service, call the cops, and tell 'em what they know. I don't see how they have a lot of choice about this: if they did anything else, they'd open themselves up to all sorts of liability.

    But it doesn't mean that they're going to monitor all your conversations or drop the hammer when you call your bookie. According to their privacy policy:

    Vonage will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using Vonage services except as required to ensure proper operation of services or as otherwise authorized by law.


    They also tell you in their privacy policy that they might use your data in ways you might not like: i.e. tell the cops who you are and where you live:

    Vonage may use customer identifiable information to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of service or network integrity or otherwise violate Vonage's Service Level Agreement.


    This should come as no surprise to anyone, and any phone company would do the same thing. But what the phone company can (and must) do is well established in both our culture and our laws. Vonage, which for many purposes would probably prefer not to be considered a phone company, is offering a relatively new kind of service, and they really need to make these things explicit.

    There's a lot of pressure on the FCC right now to regulate VOIP providers and make them make their networks easily tappable by law enforcement agencies. That's not entirely unreasonable... you don't want drug dealers and terrorists to have an untappable, portable, fast, cheap communications system with fixed cost long distance to boot.

    Our role as citizens that have some understanding of the tech involved is to make sure our representatives know that for tapping purposes, law enforcement should treat VOIP just like POTS service. Essentially, they should have to jump through exactly the same hoops in order to get permission to tap VOIP that they do to tap POTS or cell service.