AOL clarifies IM privacy guarantee

By Declan McCullagh
http://news.com.com/AOL+clarifies+IM+privacy+guarantee/2100-1030_3-5616543.h
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Story last modified Mon Mar 14 16:54:00 PST 2005

America Online said late Monday that it plans to revise its user agreement
in response to concerns that instant messages sent through the company's
service could be monitored.

The new policy for AOL Instant Messenger (AIM) will stress that the company
does not eavesdrop on customer's conversations except in unusual
circumstances such as a court order, an AOL spokesman said.

AIM's terms of service have been in place since at least February 2004, but
nobody appears to have raised an alarm until a few days ago. Over the
weekend, a brushfire of sorts flared among bloggers alarmed about six words
embedded deep in the policy: "You waive any right to privacy."

That unfortunate wording was intended to apply to an AIM feature called
"Rate-a-Buddy," spokesman Andrew Weinstein said. Like the classic
HotOrNot.com site, Rate-a-Buddy permits AIM users to post photographs
publicly so others can rate them on how "cute" and "interesting" they seem
to be.

The Rate-a-Buddy language was "wrapped into" the AIM terms of service, and
that "inartfully" worded phrase has been deleted from a new version that
will be made public Tuesday, Weinstein said. "It's going to make it very
clear that this section applies to public areas."

AIM's public areas include a few dozen public chat rooms, on topics from
celebrity gossip to NASCAR chat. "We're making the language clearer so users
understand it," Weinstein said. "At a minimum, there was significant
confusion."

AOL's AIM Privacy Policy--referenced in AIM's terms of service--has long
said that "AOL does not read your private online communications when you use
any of the communication tools offered as AIM Products." The updated terms
of service will include that statement, rather than referencing it.

Anne Mitchell, president of the Institute for Spam and Internet Public
Policy, said it was a good sign that AOL was revising its agreement but that
she would withhold judgment until she could read it. Mitchell, who writes a
blog under the pen name "Aunty Spam," had called AIM's policy a "complete
waiver of privacy."

"The way it stands right now is potentially a nightmare for users," Mitchell
said. "It's great that they said they'll alter the terms of service so it's
not that nightmarish. But until I see it, I won't be satisfied."




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