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original can be viewed at: http://www.chron.com/cs/CDA/ssistor...ch/blog/3082956
March 13, 2005, 7:29PM
AOL explains its privacy policy
By DWIGHT SILVERMAN
Copyright 2005 Houston Chronicle
America Online spokesman Andrew Weinstein responded to a request for more information about AOL Instant Messenger's terms of service, which I wrote about Saturday after spotting it on Slashdot.
The terms would appear to indicate that anything generated using AIM is fair game for AOL to use, which would mean private IM communications are not so private.
But Weinstein said that's not the case.
The clause in question specifically refers to something an AIM user might post in a public forum, Weinstein says. He writes:
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.
If a user posts content in a public area of the service, like a chat room, message board, or other public forum, that information may be used by AOL for other purposes. One example of this might be a user who posts a "Rate a Buddy" photo and thus allows AIM to post it for other AIM users to vote on it. Another might be AOL taking an excerpt from a message board posting on a current news issue and highlighting it in a different area of the service.
In a subsequent phone conversation, Weinstein said that AOL does not monitor AIM traffic, and does not store it. A record of an AIM communication is not saved in any storage medium at AOL, he said.
"AOL does not read person-to-person communications," he said flatly.
The key word is "post." Weinstein said an AIM exchange is not considered posting, but a person-to-person communication, which is covered by this part of the AIM terms:
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.
It is common for online publishers to say in their terms of service that anything posted in a public forum is available to be used by the publisher -- HoustonChronicle.com's terms of service include that provision, for example.
Weinstein also pointed out this is not new -- the current AIM terms were updated a little over a year ago.
Update: Looks like Weinstein spent his Sunday afternoon hittin' the phones & e-mail, trying to put out this fire. His comments have shown up in several other places, including Steve Rubel's MicroPersuasion blog. Note that a Rubel reader responds there, and remains dubious:
Andrew I'm glad you posted here but what you are saying makes no sense. By using AIM it is implied I agree to the TOS. The TOS specifically state:
1) I waive my rights to privacy.
2) AOL can make money off of the content.
Content is defined as: Content - Information, software, games, communications, photos, video, graphics, music, sound and other materials provided by or through the AOL Services.
Communications includes email, does it not?
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*** The Toronto TranceAddict formerly known as abort416 ***
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