AOL: We're Not Spying on AIM Users 310
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:
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: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.
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.
Right... (Score:5, Insightful)
I personally use AIM but that doesn't mean that I'm going to trust any communications I want private with a giant multi-billion company.
Re:Right... (Score:4, Interesting)
Re:Right... (Score:5, Interesting)
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 [slashdot.org] 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 [slashdot.org] I don't want and allow [slashdot.org] me to use someone elses for free?
Re:Right... (Score:2)
As for private communication to you, I could care less. I have nothing to say to you that the world can't see.
And no, I don't expect AOL to "assign" someone to read my coversations. However, I'm sure the the 92 million people who had their e-mail addresses sold by an employee didn't have anyone assigned to them too.
It is simple. They said they can. They said the
Re:Right... (Score:2)
How many of us can hack into banking websites, gov't websites, and other high value and sensitive areas...then, how many those actually do it?
Just because something can be done does not mean it will be done. They were being very honest "we can do this" --- well duh...so can anyone who knows how to hack.
Now I would not send sensitive security data over AIM, in case of a potential hacker (especially on a regular basis) but I do not think it is AIM who is doin
Re:Right... (Score:5, Insightful)
And his complaint targeting a private company was perfectly valid. Corporate entities have shown an amazing lack of common sense, appropriate discretion, self restraint, and moral clarity in the time they've existed. Whereas an individual citizen has little or nothing to gain from spying on your point to point communications, a coporation most certainly has everything to gain. They exist for the sole purpose of making money, and in a capitalist system such as the one AOL exists in, moral fiber has no place. If they intercept valuable data, as a corporation, the only thing stopping them from taking it and using it for their own purposes are laws. They're effectively saying here that they refuse to be bound by any laws, so it can only be assumed that the intent is to glean valuable data and reuse it for, perhaps, marketing research.
The conclusion here is quite simple. If a corporation refuses to be bound to appropriate, decent behavior by the law, it won't act appropriately or decently. Individuals have no such problem in most cases because, unlike corporations, they have little or no need for the sorts of things that would require them to be bound.
His jab at a company for being a company was perfectly legitimate, even if he wasn't sure why that was so.
Re:Right... (Score:3, Interesting)
Two guys in a garage are not a publicly-owned corporation with a listing on a stock exchange, whereas larger corporations are. It's when corporations become large like this, and their only motivation is stock price, do they commonly exhibit the evil characteristics we're all so familiar with.
Re:Right... (Score:3, Insightful)
"Do you really believe a company that generates billions of dollars is going to assign someone to just read your IMs? Are you afraid of an ad hominem attack or something? It sounds really unreasonable to me."
It's not valid to say one shouldn't worry just because it's numerically unlikely that something will happen. Sure, most communications will be trivial, and it will be financially unsound to sort through those without some major technology like carnivor
Re:Right... (Score:3, Interesting)
AOL can use copyrighted material w/o compensation (Score:5, Interesting)
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.
It's not as simple as that. (Score:2, Interesting)
What if you send parts of your own already published book to a friend through AOL? Or someone elses? What if you send an mp3 disguised as your own that's really using some samples of some famous work (happens all the time with DJ/producers remixing famous tracks into their own special genre (i.e. drum n bass versions of hiphop songs)).
If AOL were to ever publish those tracks then the actual AOL user could be losing out but then AOL would get into hot water with any material that actually was alread
Re:AOL can use copyrighted material w/o compensati (Score:2)
I read the TOS, it's just legal ass-covering. (Score:4, Insightful)
So if you write something and send it via AIM, you have given AOL the right to "reproduce" it on their servers, and therefore you cannot sue AOL for copyright infringement, nor can you claim that AOL owes you anything for "distributing" it. (However, this does not *assign* the copyright to AOL.)
IOW, it's just overly-paranoid ass-covering as performed by lawyers, probably due to some asshole having actually sued them for "storing my works on your server and thereby infringing my copyright" (even if that's just for the few seconds as it passes through) without grokking that this is how sending stuff via AIM works.
[I can readily see someone like Harlan Ellison going off the deep end about this natural side effect of transmitting data, thus getting the lawyers in a tizzy.]
Re:I read the TOS, it's just legal ass-covering. (Score:3, Informative)
Re:I read the TOS, it's just legal ass-covering. (Score:3, Interesting)
Let that be a lesson to folk writing contracts: if you do too much ass-covering, you wind up splattering shit all over.
Re:Right... (Score:3, Insightful)
So my reply to this situation is, "AIM's free, you have no right to complain. If you don't like it, use something else."
Maybe I'm growing older or something, but doesn't it seem like almost every Slashdot story now is "whine whine whine" over some stupid inconsequential detail? Especially
Re:Right... (Score:2)
I don't trust a giant multi-billion company to keep my messages secure either, but if there's a large breach of security and someone can see all my messages, I wouldn't really care. My IMs are nothing special; in fact they are boring. If someone is really interested in where my friends and I will meet up for lunch on Sunday, I'd feel pretty important.
If I was sharing bomb-making instructions or something else il
Re:Right... (Score:2)
s/bomb-making instructions/child pornography/
Re:Right... (Score:2)
I think the Department of Homeland Security calls that "terrorist training."
Somebody knocking at your door?
Re:Right... (Score:4, Informative)
gaim-encryption
Of course, this doesn't mean that I agree with or approve of AOL or anything they do... I'm just saying, if you have to use the protocol, it provides a level of protection.
Re:Right... (Score:3, Interesting)
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 [cypherpunks.ca] 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 add
Re:Right... (Score:3, Informative)
Re:Right... (Score:2, Informative)
Re:Right... (Score:2)
I'm not comparing Bush to Hitler, but it seems the same general idea holds true. The longer the discussion, the more likely someone finds some roundabout way of turning it into a jab about Bush.
Just a thought...
Re:Right... (Score:2)
MSN Messenger had similar claim (Score:3, Informative)
I'm sure there was some storm in a teacup around it a while ago.
Re:MSN Messenger had similar claim (Score:5, Informative)
here [com.com]
too late.. (Score:5, Insightful)
Their PR parrots and Legals should have collaborated BEFORE they opened their big mouths on this matter. Now they are having to play catchup, in a BIG way.
Bad timing aoHell. In this day and age, that kind of legal play can lose you a couple of million users as fast as your CSRs (customer service reps) can field them.
Comment removed (Score:5, Insightful)
Re:Surprise? (Score:5, Insightful)
That is what people are surprised about -- that AOL would have the gall to allow themselves something like that.
Re:Surprise? (Score:5, Insightful)
What would happen if the phone company did that? How about your ISP for anything you ever sent? Oh, I'm sure that you probably don't mind yourself, as you haven't written anything that's truely astounding to the world of Men. However, it's the rare gems, the potential for abuse, that should be, at all times, limited. The ability to usurp someone else's writings is one such potential that should be curtailed, no matter if it's likely or not.
After all, if it's this today, what will happen tomorrow after we're used to this little abuse?
Re:Surprise? (Score:3, Insightful)
Either way, if i'm sending lyric clips to a friend of mine who lives 100+Km away, I don't want them selling the chorus to someone else.
And to add to that. How many people use an IM program of some sort for work? Should aoHell own their ideas too?
Re:Surprise? (Score:3, Informative)
No fire extinquishing here... (Score:3, Insightful)
Re:No fire extinquishing here... (Score:5, Interesting)
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.
Meme killin' time (Score:5, Informative)
And to the law, and the people of the United States throught their elected representatives.
Corporations are not nations, immune from all considerations other than profit. They are entities licensed to exist by the people of the U.S. and other nations, for the benefit of all. They are our servants, we are not theirs.
Re:No fire extinquishing here... (Score:2, Insightful)
Very much in theory. I mean, how can an organisation be answerable to a group of people who cannot legally find out what the organistaion is up to?
At least there isn't a law preventing the press reporting corporations' misdeeds - yet. (Though whether they'd dare report them is another matter entirely...)
Re:No fire extinquishing here... (Score:2)
Oh really? [google.com] You might want to upgrade your tinfoil hat...
Seriously though, AOL's primary motivation is profit. Sure they might screw consumers in the process and game the law-making system in that pursuit, but that's about as far as it would go (at least in my imagination).
The CIA (and probably the NSA, though
Maybe there should be an edit... (Score:2, Interesting)
Re:Maybe there should be an edit... (Score:4, Insightful)
The fact that they now say they're not monitoring, does not covince me that the TOS weren't intentionally vague.
Re:Maybe there should be an edit... (Score:2)
It seems to me that you could have enough going on on their servers to monitor online/busy/away status and such, but when you go to have a conversation with someone, AOL just points the client software in the direction of the other guy, and the rest is a direct connection to clients. Until reading this, I guess I had assumed that that was what IM clients were doing, since I'm not sure what the point of transmittin
Re:Maybe there should be an edit... (Score:2)
iChat also does this automatically. That's why you occassionally see "you have left the chat" af
Lawyers (Score:5, Insightful)
Re:Lawyers (Score:2)
Companies have no morals (Score:2, Insightful)
If they have the authority to do something, and it becomes in the company's best interest to do it, they will do it, without hesitation.
Translating what they are saying now, it just means "it's not currently in AOL's overall best interest to monitor instant messaging traffic, so right now we're (probably) not doing it. But we can change our minds at any time, without notice."
Re:Companies have no morals (Score:3, Insightful)
Never forget that companies are made up of people. While I agree that if it is in a company's interest to do something and they are able to, they will, don't think that they'll do it "without hesitation". The person making the decision may well hesitate; the people implementing it may well hesitate; but ultimately it'll happen, I agree with that.
Re:Companies have no morals (Score:2)
People who make bizarre blanket statements like that are often projecting their own expected behaviors onto others. To be honest, your comment says more about your own ethics than others'.
i like being spyed on (Score:2, Funny)
(parody of their stupid commercials)
Storage (Score:4, Funny)
I'm sure there's a clever compression tool out there which can take advantage of common data such as "ME TOO!" and "I'M OFF TO MASTURBATE. BRB."
Everything being in uppercase helps too.
The TOS is a CYA (Score:4, Informative)
Re:The TOS is a CYA (Score:2)
Re:The TOS is a CYA (Score:2)
These click-wrap agreements are far more likely to be found valid than shrinkwrap which fails because of timing.
"Free" not as in Beer (Score:5, Insightful)
Re:"Free" not as in Beer (Score:2)
You have to realize that there's about 2 million messages a minute going through AIM's network, and the vast majority of them are things like "asl?," "what time for lunch?," "yes," "ok," etc. Nobody cares what people say on AIM. There's no reason for AOL to listen-i
Re:"Free" not as in Beer (Score:2)
Security through Obscurity is only good until someone pierces your obscurity. In your case the information may be trivial - however:
Databases (logs:traffic & user) - Keyword searches - computers - pretty much makes the volume of m
AOL cares (Score:2, Funny)
Highly coincidental (Score:3, Interesting)
Re:Highly coincidental (Score:2)
If you are an actual subscriber -- like you pay AOL annually or monthly, with contact and billing info on file -- and you are having problems using IM, you should start with keyword 'live help', and if they can't solve your problems give them a call.
To repeat: Phone support is only for paying members, other ISP NOCs, and law enforcement.
I use icq... (Score:2)
Re:I use icq... (Score:2)
Re:I use icq... (Score:2)
Is it possible to delete AIM accounts? (Score:5, Interesting)
Re:Is it possible to delete AIM accounts? (Score:2, Informative)
To remove a screen name from the Sign On screen
1. Display the Sign On screen, and select the screen name that you want to delete.
2. Press the Delete key.
Note
- You cannot delete screen names but only remove them from the Sign On screen.
Copyright © 1997-2004, America Online, Inc. All rights reserved.
I believe the rules are the same as AOL members. After a certain period of time of inactivity (about 3-6 months), the screen name will go unassigned, and may be able to be taken
Re:Is it possible to delete AIM accounts? (Score:2)
I found something in the OSCAR protocol [oilcan.org] with reference to: "Account delete request" and "Account delete reply", but I don't know of any client that makes use of this.
It would be nice to be able to delete AIM accounts off AOL's servers.
Re:Is it possible to delete AIM accounts? (Score:2)
Re:Is it possible to delete AIM accounts? (Score:2)
I don't think so. I've tried that with an account I want (I watched it for several months to see if it logged on, so either it never did or the person had privacy on, unlikely).
They say they reserve the right to remove unused accounts, but I don't think they ever do.
How to put the fire out. (Score:2, Insightful)
I would think it would be fairly easy to put out the fire. Instead of making the assurances below in public, put them in the TOS in an invariant section.
"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 provisi
Re:How to put the fire out. (Score:2)
</sarcasm>
Kidding me... (Score:5, Interesting)
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*
Re:Kidding me... (Score:3, Funny)
Remember kids, all your base are belong to him [slashdot.org]...
whatever. (Score:2, Insightful)
That said, I doubt AOL employees really care about your fucking IMs.
xXx-@DeathBecomesME@-xXx: LOL
supertard: heh
xXx-@DeathBecomesME@-xXx:dude, did you see that one show? LOL
supertard: yeah lollerz!1
*rolleyes* who fucking cares if they read your chat logs?
It isn't security through obscurity, it's security through
So AOL is officially spyware, right? (Score:3, Funny)
Slashdot.org's TOS are no diff... (Score:2, Insightful)
"In each such case, the submitting user grants OSDN the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license." - Thus go the TOS of slashdot.org. Surprize, surprize!
I tried t
Re:Slashdot.org's TOS are no diff... (Score:2)
Too late (Score:2, Informative)
Remember, this is Slashdot! (Score:3, Funny)
I heard someone being paranoid about people intercepting his communications through unshielded telephone lines if Broadband-over-Powerlines was offered. I think we've gone too far. Some paranoia keeps you alert, but you people are running around with a tinfoil hat, just bent on finding a big corporation that you think is trying to screw you. MS, Valve, AIM and so forth. The minute any one of these actually does something to any one of you, I'd be interested to hear about it. Until then, there's no reason to have this hive of paranoia.
Gaim-Encryption (Score:3, Insightful)
This message brought to you by the letter Q and the number 8.
Re:Gaim-Encryption (Score:2)
Re:Gaim-Encryption (Score:2)
Throughout the blogosphere? CRINGE! (Score:2)
Not to troll but Gah! blogosphere is definitely a term that needs to die. It only exists so that people with Blogs who need to feel important, can.
Of course (Score:2, Funny)
of course not... they don't have the need... all of the "communiques" are stored on the NSA's servers.
Outsourcing... (Score:2)
Aol Server Storage??? (Score:2)
Does AIM allow you to send a message to an offline user to be delivered when they log on?
If so then where are they storing the message prior to delivery?
I do know ICQ does this and it is owned by AOL.
Does ICQ's TOS read similar and/or the same?
Is ICQ's message traffic legally covered under the AOL TOS?
They used to. (Score:2)
He told me how they'd bring up particularly interesting private chat conversations on a big screen so they could all follow along and laugh together.
Maybe he exaggerated, but I never knew him to outright lie. If he said it happened, I think there's a very good chance it did, at least
If its important, encrypt (Score:2, Interesting)
I have gotten most friends(that use windows) to switch to trillian, and have it automattically set up to do the 'secure link' which also helps w/ employers w/ prying eyes.
I believe that GAIM also allows encrpytion over AIM, but it isnt compatable w/ trillian's, which is unfortunate. I also believe that the Jabber protocol supports it depending on your server
Re:If its important, encrypt (Score:2)
Good grief. (Score:2)
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:
No, it doesn't say any such thing. Come on! You were wrong. Grow up and admit it. The only thing worse than being wrong is refusing to admit it.
Re:Answer (Score:3, Informative)
Re:Answer (Score:2, Redundant)
Re:Answer (Score:2, Informative)
Re:Answer (Score:3, Interesting)
(I know that isn't an option for everyone, but it is something to consider.)
Re:Answer (Score:2, Informative)
Yes, for OS X (Score:2, Informative)
Re:Yes, for OS X (Score:2)
Re:bah (Score:4, Informative)
http://gaim.sf.net/ [sf.net] is the GAIM site, so you don't have to go looking for it later.
Re:bah (Score:3, Insightful)
This issue relates to the main central servers eavesdropping on EVERYONEs conversations.
Encrypting the conversation should prevent eavesdropping on route, but won't prevent logging in the client.
Re:bah (Score:4, Insightful)
Re:bah (Score:2, Informative)
Re:Is there a problem? (Score:2)
I am a computer professional, work in the IT industry for 10+ yrs now. In that time I've worked for several companies as network admin/network security officer. Since the advent of IM networks, I have yet to work in one company where I have not gone to the executive branch and said "You know, we send confidental information over IM a lot."
Things like business deals, and information that could, given some of t
Re:Huh? I don't get it.... /. was Wrong. Apologize (Score:3, Informative)
The ToS specifies the rights that AOL has. Storing your IMs is not a right specified in the ToS. Therefore, AOL doesn't have the right to retain your IMs.
The longer version:
If the company does not specify it has the right to do something (i.e., the contract is "silent" on the issue), the company generally cannot do that thing. Contracts are read this way to better protect the consumer. And it also just makes sense. If the company could do anything except what was specificall