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AOL Changing IM Terms of Service

gpmac writes "AOL has responded to the recent slashdot attention. America Online Inc. plans to make three small but significant modifications to the terms of service for its AIM instant messaging product to head off a firestorm of privacy-related criticisms. The tweaks to the terms of service will be made in the section titled "Content You Post" and will explicitly exclude user-to-user chat sessions from the privacy rights an AIM user gives up to AOL."

41 of 229 comments (clear)

  1. Nice by wandernotlost · · Score: 4, Funny

    They must have read my complaints in my away message.

  2. They came, they saw.... by Richard_at_work · · Score: 4, Insightful

    and they fixed. Kudos to AOL for this one. Now, if only they could do more about the spammers on their network...

  3. Too little, too late by Capt'n+Hector · · Score: 5, Funny

    I've already stopped flirting with girls on IM. Although, I am working on a secret code. People that intercept my instant messages won't be able to understand a word I'm saying. I'll replace "you" with "u", "that's funny" with "lol", "skate" witk "sk8." Things like that. All in the name of privacy.

    --
    Quid festinatio swallonis est aetherfuga inonusti?
    Africus aut Europaeus?
    1. Re:Too little, too late by TheFlyingGoat · · Score: 5, Informative

      Unfortunately, Microsoft has already shown people how to decode these messages.

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    2. Re:Too little, too late by Hatta · · Score: 5, Funny

      Unfortunately, Microsoft has already shown people how to decode [microsoft.com] these messages.

      Circumventing a content protection scheme. Shame on them. Where's the DMCA when you need it?

      --
      Give me Classic Slashdot or give me death!
    3. Re:Too little, too late by canwaf · · Score: 2, Funny

      I have a very similar system.

      First I move all the consonants up to the first vowel in the word I am "translating" to the end of the word. After that is completely I append "ay" to the end of the word.

      Microsoft will never know is being written... ever!

      Coupled with the unbreakable rot 13 code, it's almost impossible to read.

      Lbhnl nirunl bganl hfgwnl rnqenl vfgunl ragraprfnl.

  4. From TFA... by leonmergen · · Score: 5, Insightful

    "We're not making any policy changes. We're making some linguistic changes to clarify certain things and explain it a little better to our users," AOL spokesperson Andrew Weinstein told eWEEK.com.

    Hmmm, is it just me or does this look like making things look better ? From my experience, lawyers usually pay a lot of attention on the things they write, and especially these kind of mistakes are the ones that plainly don't happen in published legal documents...

    ... unless they wanted to trick you into it, ofcourse.

    --
    - Leon Mergen
    http://www.solatis.com
    1. Re:From TFA... by Elwood+P+Dowd · · Score: 5, Insightful
      From my experience, lawyers usually pay a lot of attention on the things they write, and especially these kind of mistakes are the ones that plainly don't happen in published legal documents... ... unless they wanted to trick you into it, ofcourse.
      No, you are full of crap. If a lawyer says, "Sign this document, and we'll execute contract A," and then has you sign a document actually only authorizing contract B, the signed document would be thrown out in court. If the lawyer knew about it, he might be liable, and he might be guilty of fraud.

      Once AOL publically said, "No, we have not and will not read AIM chats," it better have been the truth, otherwise they could get turned inside out in court. No matter what their privacy policy said.
      --

      There are no trails. There are no trees out here.
    2. Re:From TFA... by 91degrees · · Score: 4, Insightful

      It seems that legal and marketing simply didn't talk to each other.

      The legal department wanted to be sure they had the right to do everything they might do, even if they're not remotely likely to do so. Their only concern is that they don't get sued.

      Unfortunately they didn't consider what the response public would be is someone actually read the legalese. Considering that isn;t their job. The public image of AOL is a marketting matter. Not a legal matter.

      As is often the case in large companies, the left hand didn't know what the right hand was doing.

  5. Makes you wonder... by tabkey12 · · Score: 3, Interesting

    how the change ever was added in the first place? Overzealous legal department?

  6. I don't know about you all ... by SengirV · · Score: 3, Interesting

    ... But I don't have too many NON user-to-user conversations using IM. So am I free to say and do anything(talking to another on IM that is) without it ever coming back to haunt me?

    --

    Prof. Farnsworth - "Oh a lesson in not changing history from Mr I'm-My-Own-Grandpa!"

  7. bye bye by donnyspi · · Score: 3, Funny

    {Sound effect: chi-tunk}
    donnyspi signed off at 13:56:26 PM

  8. AOL's new motto by Zemplar · · Score: 5, Funny

    "We AIM to Please!"

    From information gathered by reading your private messages, we've decided to retract former policies.

  9. For once by a_greer2005 · · Score: 2, Insightful

    The collective voices of thousands of "Little People"(tm) made a differance on a huge company. This is a trend that I would love to see continue accross the board, a large company careing about their customers.
    Props to AOL, looks like I can once again log in and chat without fear of them retaining rights to it.

  10. From TFA... by daveschroeder · · Score: 5, Informative

    Not to quote the lion's share of the article here, but there are some things that need to be seen...

    The tweaks to the terms of service will be made in the section titled "Content You Post" and will explicitly exclude user-to-user chat sessions from the privacy rights an AIM user gives up to AOL.

    "We're not making any policy changes. We're making some linguistic changes to clarify certain things and explain it a little better to our users," AOL spokesperson Andrew Weinstein told eWEEK.com.

    The modifications will use similar language from the AIM privacy policy to "make it clear that AOL does not read private user-to-user communications," Weinstein said.


    [...]

    More importantly, Weinstein said a blunt and inelegant line that reads "You waive any right to privacy" will be deleted altogether.

    "That's a phrase that should not have been in that section in the first place. It clearly caused confusion, with good reason," Weinstein conceded.


    [...]

    Justin Uberti, chief architect for AIM, also joined the discussion, admitting the controversial section of the terms of service was "vague" and needed to be reworded.

    Uberti explained on his Weblog that the amount of IM traffic on the AIM network "is on the order of hundreds of gigabytes a day."

    "It would be very costly, and we have no desire to record all IM traffic. We don't do it," Uberti wrote.

    For AIM users who remain distrustful, Uberti pointed out that the application offers Direct IM (aka Send IM Image) and Secure IM in all recent versions.

    "In other words, you can send your IMs in such a way that they never go through our servers, and/or are encrypted with industry-standard SSL and S/MIME technology. I know this since I designed these features. There are no backdoors; I would not have permitted any," Uberti said.

  11. Don't you people watch Law and Order? by Anonymous Coward · · Score: 5, Informative

    They have already proved in court, many many times, that you have no expectation of privacy in such things as email and instant messaging. I'm not sure why were even discussing this.

    1. Re:Don't you people watch Law and Order? by MrLint · · Score: 2, Insightful

      No expectation of privacy isnt the same as giving AOL to essentially republish everyone in any for forever.

    2. Re:Don't you people watch Law and Order? by dinivin · · Score: 3, Insightful

      It's a freakin' TV show. A good TV show, but just a TV show. It is not reality, and should not be the basis for any real legal opinion.

      Dinivin

  12. So does AOL listen? by jcm · · Score: 5, Insightful

    Hopefully folks will appreciate the amount of sway that a good argument does have at AOL. If it wasn't for public discussion the TOS probably would not have been changed. But the public discussion happened and there will now be a more specific TOS statements. I wish folks would always give AOL a chance instead of immediately bashing. Was this enough to buy some good will from folks for the future?

  13. And directly from... by daveschroeder · · Score: 5, Informative

    ...Juberti's blog (the chief architect for the AIM service):

    AIM Privacy and Slashdot

    OK, I am getting tired of hearing about how "The new AIM TOS allows AOL to have all rights to anything you say on IM, AOL reads/stores all your IMs, etc."

    I take this kind of personally, because that is not something I would want to be associated with.

    First off, that blurb in the TOS only refers to AIM forum posts, not IMs. I agree that it is vague and should be reworded to be clear.

    Second, the amount of IM traffic is on the order of hundreds of gigabytes a day. It would be very costly, and we have no desire to record all IM traffic. We don't do it.

    Thirdly, if you still don't trust us, we have Direct IM (aka Send IM Image) and Secure IM in all recent versions of the AIM software. In other words, you can send your IMs in such a way that they never go through our servers, and/or are encrypted with industry-standard SSL and S/MIME technology. I know this since I designed these features. There are no backdoors; I would not have permitted any.

    I am saying this as a concerned invidual, and not as a corporate mouthpiece.

  14. what they forgot to mention by Prince+Vegeta+SSJ4 · · Score: 2, Insightful
    and will explicitly exclude user-to-user chat sessions from the privacy rights an AIM user gives up to AOL

    Was that, 75% of their chat sessions are user--to--server--to--user, which since they did not specifically specify are now exempt from privacy expectations.

    OMG, LOL CUL8R d00d

  15. because by vena · · Score: 3, Insightful

    common courtesy isn't always defined by law.

  16. How it's being spun ... by jc42 · · Score: 2, Interesting

    I'd already read a number of the stories about this at news.google.com, and very few of them mention any change to the TOS. Rather, they spin it as a customer "misunderstanding" of AOL's privacy rules. They've said that AOL is merely "clarifying" the rules, with no mention of any changes.

    OTOH, there is now one story listed, from p2pnet.net, that uses the word "modify". So maybe the real story will be reported by a few tech news sources, while the general media will report it as a misunderstanding that is being clarified.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  17. At least one thing your parents told you was true by clickster · · Score: 4, Funny

    See Timmy, if they work really really hard, a few hundred thousand people really can make a difference.

    --
    If you mod me down, I shall become less powerful than you could possibly imagine.
  18. It is my sincere hope... by HotNeedleOfInquiry · · Score: 3, Funny

    That the corporate attorney that wrote the first 'draft' is on the street looking for another job right now.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
  19. Re:Nice to see by Anonymous Coward · · Score: 2, Insightful

    Gmail is indexing private email conversation. And no
    amount of public pressure has caused them to change.

    Big bad boy AOL changes. but "do-no-evil" Google
    is allowed to get away with it.

  20. Re:Blag by blackmonday · · Score: 4, Funny

    "He who uses AOL for security deserves neither AOL nor security." - Benjamin Franklin

  21. because of SLASHDOT?!?!? by xxavierg · · Score: 5, Interesting

    "AOL has responded to the recent slashdot attention."

    where in the article did it say that slashdot was the motivating force? i read that it was just received a "firestorm of privacy-related criticism". please, this might be a popular site, but don't take credit where none is deserved. especially when the article never mentioned any group in particular. i am sure slashdot was one of MANY groups, organization, sites, etc. that complained. but in no did it change it's policy just because of slashdot...

    1. Re:because of SLASHDOT?!?!? by LakeSolon · · Score: 2, Informative

      Actually, 'acaben' of MacSlash fame was apparently the first one to mention it in this post on his blog.

      ~Lake

  22. The power of /. by PhatboySlim · · Score: 4, Funny

    Now we just need to get the RIAA to read a few articles.

    --
    Be sure to remember the Programmers Prayer
  23. very costly by trb · · Score: 4, Insightful
    Uberti explained on his Weblog that the amount of IM traffic on the AIM network "is on the order of hundreds of gigabytes a day."

    "It would be very costly, and we have no desire to record all IM traffic. We don't do it," Uberti wrote.

    Ooh, hundreds of gigabytes a day, it would be very costly to record all that traffic. Gee, Dr. Evil, what does a 100 Gigabyte storage device cost? One Million Dollars?

    1. Re:very costly by TorrentNinja · · Score: 2, Informative

      Not even 1 million. Think about all that text. I'm sure you could compress the hell out of all that data and you would be able to store it. Why would they store raw data when they could compress it down? I bet they are able to Tap connections and peer into what people are talking about if they have the capability to monitor the raw traffic being sent. If it's an option they have then I'm sure some sysadmin or tech guys is going to be using it.

    2. Re:very costly by rbochan · · Score: 2, Funny

      Maybe THAT'S what's on all those damn aol cds...

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
  24. Nice start, but could have been done better by tji · · Score: 4, Interesting

    > explicitly exclude user-to-user chat sessions from the privacy rights an AIM user gives up to AOL.

    That's an improvement. But, wouldn't it be better (from a user rights and privacy perspective) to explicitly state the areas they DO take ownership of your data in, rather than only excluding this one area? The default case should be that they don't own your data. With excluding only AIM, they still leave the default case for all other services to be that AOL owns your data.

    It's sort of like opt-in vs. opt-out. I prefer that anyone using my personal information or data be required to get my explicit permission to use it, rather than requiring me to contact each and ask them to not use it.

  25. Bad TOS bad for business by hca · · Score: 4, Interesting

    Last summer we reviewed using Yahoo's small business product to host our site, and handle our email, but their TOS had the same boilerplate in it. It required that anything we had on their system -- files, website, emails was available for them to resell or republish as their own content. Obvious non-starter, and our complaint about the issue was ignored so we didn't use the service.

  26. Your math is fuzzy and wrong by Polarism · · Score: 2, Insightful

    Try again, factor in the costs of running the storage farm, maintainence, keeping the data safe, actually setting up the system to even do the archiving, factor in bandwidth costs that this facility would suck down, not to mention the costs of even having the facility.

    You just didn't even begin to factor in anything but the pure cost of 1 gigabyte in some situations, a 500 gig drive is not $500.

    --
    All your base are belong to Google.
  27. pr0n by Flamesplash · · Score: 3, Funny

    "pr0n": An anagram of "porn," possibly indicating the use of pornography.

    man, I wonder who they needed the second part of that for.

    'oh good, it's just porn, little jimmy isn't getting into anything wrong. Let me check the Microsoft dictionary just in case... Pornography!!!'

    --
    "Not knowing when the dawn will come, I open every door." - Emily Dickinson
  28. No changes, just re-formatting. by Transcendent · · Score: 4, Insightful

    America Online Inc. plans to make three small but significant modifications to the terms of service for its AIM instant messaging product to head off a firestorm of privacy-related criticisms.

    In an earlier slashdot article (too lazy to get the link), it was mentioned that the terms of service was misinterpreted by someone, and that it was *never implied* that private IM conversations were to be snooped upon, saved, or so forth.

    We never lost out privacy, some idiot just misread it and this most recent change is in an attempt to make it "idiot-proof" for the future.

    1. Re:No changes, just re-formatting. by acaben · · Score: 3, Informative
      I believe you're suggesting that I'm that "idiot," since I'm the guy who read the Terms of Service on Friday and posted the blog entry that set off this brouhaha.

      While your propensity for name-calling is no doubt unequaled, your ability to state the facts in this case is not so good.

      Every legal analysis I've seen so far from real lawyers (here's one, and here's another.) says that my interpretation of the Terms of Service was correct, and the AOL spokesperson was misleading. So, sorry to inform you that there was, in fact, no misreading. However, I may still be an idiot. The jury's still out. :)

    2. Re:No changes, just re-formatting. by Max+Nugget · · Score: 2, Insightful

      We never lost out privacy, some idiot just misread it and this most recent change is in an attempt to make it "idiot-proof" for the future.

      Wrong. The language of the original legal disclaimer effectively gives AOL access and ownership of all IM communications. Your comment seems to suggest that only an "idiot" would believe that AOL logs, or would one day log, IM communications, which is a naiive point of view. Or to put that another way, you are suggesting that "only an idiot would believe that Company X would actually do what Company X's contract says it's allowed to do."

      If you want to trust the ethical integrity of a giant corporation, go for it. For the rest of us, we find it more assuring to know that said giant corporation is legally disallowed from doing something completely unethical, rather than leaving it at "we'll give you the rights to do something completely unethical, but we know you'd never actually do it." Why should we be sympathetic of their legal department's desire to keep their options open?

      Also -- and I'm not really sure how this works from a legality standpoint -- if AOL's contract allows them to access and take ownersihp of IM communications, that might make it more likely that law enforcement or courts could require AOL to monitor specific IM communications. And if AOL logs or ever starts logging all IM communcations (which, as another poster pointed out, would not be an especially costly endeavor), courts and law enforcement might be able to request chat logs from AOL at some time in the future. Whether or not AOL's privacy policies affect the feasibility of such activities, though, I'm not sure about.

  29. shut up already by Turn-X+Alphonse · · Score: 3, Insightful

    So many people are going "YAY THE LITTLE GUY WON!", well no the little guy didn't do ANYTHING! AOL was never going to read how little janey is sleeping with Jamie today but Dave tomorrow. They couldn't careless what crap you put in an IM as long as you click an ad once in a while.

    Changing a couple of words (AKA addding "oh the forums") doesn't mean "the little guy won". It means AOL spend a tiny amount of money to correct an error they made everyone made a song and dance about.

    Well done little guy you cost AOL about 0.00001% of their money on a lawyer! Time to take down Microsoft now!

    --
    I like muppets.