Responding to a maelstrom of criticism, Instagram announced today that they plan to withdraw the proposed Terms of Use changes that sparked outrage across the internet yesterday. According to co-founder Kevin Systrom, Instagram never had any intent to monetize user photos without fairly compensating the photographer, and they are working to revise the TOU wording in a manner that is less confusing and less likely to start a another protest/boycott. Ironically, other sources have pointed out that the outrage was ill-informed at the start, and as things are wont to do on the Internet, spun out of control, perhaps unfairly so for Instagram.
It would seem that Instagram has always had the right (according to their current TOU) to monetize your content, and that the withdrawn change actually narrowed the rather broad terms users agreed to previously. I’d publish a full mea culpa on this, but the point of my previous article was more to point out the icky terms governing the use of photos that contain minors, as well as the very vague terms that assume minors are using Instagram with implicit parental consent. I understand it’s hard to police the use of free apps, especially when parents are noticeably absent with respect to knowing what their kids are doing on their personal media devices, but that seems like a cop out.
What this means for you:
My stance on the exploitation of minors for profit still stands: It’s icky. If you are a company like Instagram that is bound to feature content containing images of minors, you need to be much more careful how you glad-handle parents. As for jumping on the rage bandwagon yesterday:
Dear Instagram,
I’m sorry for assuming you suddenly became evil. You aren’t evil, but maybe you were too cavalier with your current Terms of Use, and you let too much of your Facebook allegiance shine through in your proposed changes. Please don’t be icky, and please don’t treat your users like a prize crop, even though they may act exactly as that. I’m sorry I didn’t take the time to read your lengthy and lawyered-up TOU to find out the truth that you had us by the throat from the get go, and I’m even more sorry that we willingly (through our own ignorance/apathy) let you.
Last week, Facebook opened up a vote on its usage and terms policies that included in the changes the removal of user pivilege of voting on future changes to said policy. In order for the user vote to be binding, 30% of Facebook’s user population (approximately 300 million users) needed to cast a vote in either direction. In the “Surprising No One” column, only 700,000 votes were cast (about .06% of the total population), and even though the vote was overwhelmingly against the changes, Facebook only needs to take that result under advisement, in other words, “Thanks for your opinion, we’ll do what we want.”
What this means for you:
Most of Facebook’s user base probably had no idea they had any influence over the policies that affect how they use, and are used by, Facebook, who went so far as to notify everyone about the upcoming vote via email. Even though they provided an easy to use link, an even easier to use app to vote (you didn’t even need to leave the confines of Facebook!), most of the world couldn’t be bothered to care about this change. It’s true, as mentioned in my previous article on this, Facebook allowing its userbase to weigh in on policy change is extremely unusual. As a result of the lack of interest, Facebook will become like the thousands of other internet companies who make changes to their terms of use without asking their users permission, and internet citizen self-governance takes another step backwards in favor of convenience and “free” services.
Facebook is taking a less than transparent approach in its latest governance vote by asking users approve changes to their usage and terms policies that revokes the privilege to vote on future changes to that usage and terms policy. The questionable part is that they are burying that change in the monstrous pile of legalese that is the overall “Statement of Rights and Responsibilities” and “Data Use Policy”.
Are they hoping that no one is paying attention and will happily vote away their ability to provide input on future changes? If typical human behavior demonstrated in skipping past the “fine print” is any indication, they would have been mostly right. However there are still plenty of digital activists and internet watchdogs scrutinizing Facebook. Their eagle eyes have spotted the change and got the mainstream media to splash it all over the internet.
What this means for you:
If you don’t use Facebook, you can’t vote. If you do use Facebook, you should go vote and let Zuckerberg et al. know that you care about your digital rights and want to have a say. Unless 30% of the Facebook population show up to vote, Facebook only has to take the decision (regardless “yea” or “nay”) as “advisory” and will adopt the new changes, removing your ability to vote on future changes. The fact that Facebook allows a vote at all is a bit of a rarity in the internet service realm, and countless legal arguments have surfaced over whether “Terms of Use” policies that many of us blithely click “I Agree” to in order to get to the good parts are even enforceable. But don’t let that lead you to an apathetic stance – Facebook’s position as the largest digital consumer service in the world puts it in the limelight for security and user rights, and as such, it should be trying to empower its users, not abrogate their freedoms.
Have you ever opened up Facebook and noticed an ad popping up on the right hand side that seems to be eerily similar to something you were looking at/shopping for on a completely different website? Fortunately (or unfortunately, depending on how you look at it), Facebook isn’t reading your mind – instead it’s reading your browser history for behavior that aligns with one of the thousands of different ads it offers on its new Facebook Exchange (FBX) advertising platform. This particular method is called “retargeting” and is similar to technologies used by Google and Yahoo in their ubiquitous ad platforms.
Prior to the launch of FBX, Facebook sold ads based upon its extensive demographic database – advertisers could target their ads across dozens of traits including geography, age, sex, marital-status, etc. – all based upon the data that it’s 1 billion users freely share with the service in their quest to stay connected with friends and family. This method allowed Facebook to generate nearly $5 billion in ad revenue a year, but since the launch of FBX and the use of retargeting, Facebook’s new shareholders have at least one piece of good news: FBX retargeting ads are proving to be much more effective that ads sold around all the demographic data it’s been gathering for years, which means that advertisers can expect to start paying a lot more for those clicks.
What this means for you:
Let’s face it: internet advertisements are here to stay, especially since people like getting things for “free.” The savvy among you know that nothing in life is ever free, and obviously we pay for these free services with our eyeballs, and on occasion, our patronage of an advertiser. As the folks at Facebook, Google and Yahoo continue to improve the accuraccy of their advertising platforms, you can count on ads will becoming so finely tuned to their viewers, it will be like the internet was a window on our heart’s very own desires. There are add-ons you can install in Firefox and Chrome (check out the ever-popular AdBlock Plus) that will block/hide advertisements, but as websites become increasingly dependent on advertising revenue to continue delivering “free” services they will continue to find ways to make viewing advertising unavoidable. In some cases, using an adblocker will make some sites completely unusable without a lot of fiddling with settings and whitelists. If you insist on drawing a hard line in the sand about being targeted, disabling cookies will go a long way to making it impossible for sites like Facebook to track your browsing behaviors, but it will also make surfing the web a constant barrage of password prompts, preference setting and other annoyances that cookies made bearable. You can also look at services like PrivacyFix which can help you understand and control the privacy settings for the more popular sites that track your browsing history.
The state of California just signed into law a ban on employers and universities requiring employees and applicants grant them access to their social media accounts (e.g. Facebook or Twitter). As surprising as this may seem, this was actually a thing for awhile. That is, until the internet started a ferocious publicity storm and names were named. Even still, the practice has been common enough to galvanize California lawmakers to take matters into their own hands and pass a law that in effect orders companies and universities to stop being so creepy.
What this means for you:
As of January 1, 2013, it will be illegal for you to ask your employees or applicants for access to their personal social media accounts, which will include things like Facebook, Twitter, MySpace, etc. Keep in mind, many people already openly share many aspects of their personal life (sometimes unintentionally!). As an applicant, even before it becomes an actual law, don’t let an institution or organization bully/intimidate you into this degrading invasion of your privacy.
As a business owner, employer or educator, this area is still very grey, and proper legislation is far from being clearly defined, especially as the boundaries between employees’ professional and personal lives are blurred by increasingly permissive/flexible business cultures. Remember the days when Facebook was banned at the office? Aside from the fears about wasted productivity, there were (and still are) very valid underlying concerns of mixing personal (and possibly very unprofessional) activities with business/educational pursuits. If in doubt, ask your HR representative, and check your conscience.
CORRECTION: iOS 6 will work on iPhones from the 3GS version up. Thanks to Dave McAdams for catching that!
Apple will begin pushing the iOS6 update to its mobile device platforms on Wednesday, September 19, 2012. Along with the expected performance improvements and bug fixes, there are a handful of features that may of interest to Apple users who are not purchasing an iPhone 5.
Here are the most important changes:
- Google Maps will be replaced by Apple’s own Maps application
- Passbook is a brand new Apple app that they intend to replace paper ticketing for things like travel, movies, loyalty cards and more
- Facebook is now integrated into most of Apple’s native applications
- Siri’s search capabilities have been expanded to include things like sports scores, movie times, restaurant reservations and launching apps. It will also work on the latest iPad and the iPhone 4s, but not on older mobile devices.
- You can sync your Safari tabs between your mobile device and desktop Macs via iCloud.
- You can share photo streams with other iOS 6 users, as well as stream your photos to your Apple TV.
- Facetime can now be used on cellular networks, not just wifi.
What this mean to you:
If you are using an Apple mobile device that is NOT an iPhone 5, 4s 3GS or newer, or the 3rd generation iPad, then there’s nothing you need to worry about, as iOS 6 is not available for your device. However, if you do have a qualifying device, the upgrade will come in “over the air” if you already have iOS 5 installed. You will need to upgrade your iTunes software to version 10.7 if you plan on plugging your device into your computer. Before you upgrade, make sure you backup all of your important data (contacts, music, photos, etc.) as upgrades can go wrong, and if they do, it usually means wiping your device in order to restore it to functionality. Wiping = erasing all your personal data = disaster without a proper backup. If you rely on your phone as a critical business tool, including some 3rd-party apps, you may want to wait until you have some business downtime, just in case the upgrade goes sideways, or causes problems with your apps.








