AOL: We're Not Spying on AIM Users
The Llama King writes "America Online tells the Houston Chronicle's TechBlog that, despite a recent Slashdot posting to the contrary, AOL Instant Messenger's terms of service do not imply that the company has the right to use private IM communications, and the section quoted in the Slashdot article applies only to posts in public forums -- a common provision in most online publishers' terms of service. AOL spokesman Andrew Weinstein says flatly: 'AOL does not read person-to-person communications.' He also says AIM communiques are never stored on AOL's hard drives. The original Slashdot item was linked throughout the blogosphere -- it will be interesting to see if AOL can extinguish this fire." (Read more below.)
It could be that they don't actually take advantage of its terms, but the Terms of Service seem to broadly favor AIM's right to do exactly what they say they're not doing; rather than drawing any distinction between IM services and public forum posts, the actual terms seem clearly to apply to all AIM products. Here's how they put it:
For purposes of these Terms of Service, the term "AIM Products" shall mean AIM software (whether preinstalled, on a medium or offered by download), AIM services, AIM websites (including, without limitation, AIM.COM and AIMTODAY.COM) and all other software, features, tools, web sites and services provided by or through AIM from America Online, Inc. and its business divisions (e.g., Netscape) (collectively "AOL") and AOL's third-party vendors.AOL could probably erase many of the worries about conversation snooping if they would provide a definition of the words "post" and "submit" as used in the following paragraph of their ToS (which says it applies to "any AIM Product"), and explicitly disclaimed an "irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote" the contents of online conversations:
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.
What does AOL being a giant multi-billion dollar company have to do with this? If it's private, you don't trust anyone with your communications, except the receiving end. Please don't try to take a cheap jab at a company just for the sake of it being a company. Especially in this case since you've probably been leeching off AOL's servers for years without a second thought (you don't use the official AIM client with the revenue generating ads, do you?)
When I first read the post regarding the TOS I didn't think too much of it. I just noticed a lot of people getting bent out of shape because they failed to notice it did not apply to instant messages, rather to chat rooms and message board postings. This however did not stop me from griping to many people online about the TOS's blatant disregard for privacy rights. Bla bla bla etc... As of last night my account is blocked and I have no idea why. I am still able to log into my AOL account to check my mail, but instant messaging has been disallowed. I am out of the states right now and in the middle east so tech support (if you would even bother to call it that, as anyone who has called AOL before would likely know how crappy the service is) is somewhat out of the question due to international phone calls being expensive and whatnot. Any suggestions as to how I can figure out what the hell happened?
It's all over teh place!!11!one
I've never been able to find the option to actually -delete- an AIM account. Has anyone else?
To be fair, Slashdot at least says, on every page, " All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2005 OSTG."
So, to tie it with a meme:
1. Register Anonymous Coward as your legal name
2. Find all AC posts.
3. ???
4. Profit!
At least it's good to see the "Blogosphere" really pays attention. They don't. Which, really, makes them just like journalists.
*ducks*
Small potatoes make the steak look bigger.
Well, since you ask...
The CIA and NSA are answerable to the government and, in theory, the people. AOL is answerable to its shareholders. The CIA and NSA will do what is necessary to carry out their mandate within the legal boundaries the government provides, AOL will do everything it can get away with to make money.
Quite frankly, I'd sooner trust the CIA and NSA and I'm a tinfoil hatter.
What does AOL being a giant multi-billion dollar company have to do with this?
Money has a tendancy of corrupting. The bigger a company grows and the longer they are around the more likely you are to hear of some shady practices.
Please don't try to take a cheap jab at a company just for the sake of it being a company
I didn't for the sake of it being a company. I did it for the sake that they SAID in their TOS that they can. If AOL was meant to be a secure company then maybe I'd trust my secure communications with them.
Especially in this case since you've probably been leeching off AOL's servers for years without a second thought (you don't use the official AIM client with the revenue generating ads, do you?)
And why would I when they use interfaces I don't want and allow me to use someone elses for free?
I'm a virgo and on Slashdot. Coincidence? Yes.
What does AOL being a giant multi-billion dollar company have to do with this?
Case 1:
Mr. Aspiring Songwriter writes a song, and asks some friends for their opinions. He sends the lyrics and an MP3 to friends using his AOL email and/or AIM. The song becomes big a year later. AOL searches their records, and finds he used the AOL network to transfer the work. According to this license, AOL may now:
- publish the song on the internet,
- include the song on CD,
- use the song in a movie,
- use the song in advertisements, and
- have their current boyband record it
without ever giving any compensation to the Mr. A.S.
Case 2:
Mr. Writer works on his book or movie script. He sends each chapter to his agent from his AOL email. AOL can use his work without compensation.
Case 3:
Mr. Small Business writes software. His team uses AIM to discuss the code being developed. AOL may use any of the code transferred on their network for any purpose without compensation.
Case 4:
Mrs. Sporting Goods owns a small store. It does not have an e-commerce website; her AOL email address is enough for the few online orders. One of her customers becomes famous. AOL may publish information about the athlete's purchases and any concerns discussed in her emails. (They may have difficulty justifying the use of the athlete's emails, unless the athlete also used AOL software.)
If this license was used by a small private business, the materials collected could soon become the most valuable resource of the business. AOL is already part of a major media conglomerate, and the threat of using all meterials transferred on their network without compensation is real. AOL's music and movie divisions should be drooling over the ability to find free resources.
I spend my life entertaining my brain.
I agree. This whole hypefest may be a storm in a thimble but it reinforces the need to use an end-to-end encryption that you control. Personally I think Ethereal is a more real threat than the AOL ToS but the solution is the same.
For encryption, I'm not an advocate of gaim-encryption as the answer. It means that people all need to use Gaim and that's just not practical. Personally I think OTR is a better option. As well as a GAIM plug-in it offers a proxy so that any IM tool can be made secure, and it addresses the weaknesses gaim-encryption ignores - from their FAQ:
Best of all, it's dead simple to use.