net 303 policy primer: instagram
Post on 12-May-2015
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Instagram’s Terms of Use
A Policy Primer for the terms and privacy policies applicable to Instagram users
Instagram is a highly mobile photo and video sharing application
Like with all photo-sharing services, you should be aware of the terms you agree to by using the service
Particularly those which make Instagram’s terms
of use different
Let’s start with some of the basic terms you agree to by using the service
Basic Terms
Instagram has an age restriction
you have to be over the age of 13 to use
the service
However, no matter how old you are…
“You may not postviolent,nude,
partially nude,discriminatory,unlawful,infringing,
hateful,pornographic,or sexually suggestive photosor other content via the Service”
(Terms of Use, 2013)
In addition to not posting offensive material,
you cannot harass, bully, threaten or abuse any user by directly
targeting them
You also can’t interfere with any other users
experience of the service,
especially by preventing others from enjoying or using the
service.
As with many services which provide content sharing facilities,
you must not break the law through your use of Instagram
This means that your activity should be lawful in the location from which you are using the service… …as well as
under California State law.
Finally,
you are responsible for all content, information and activity related to
your account,and Instagram requires as a specific term of use that:
“All information you provide,or provided to Instagram upon registration
and at all other times will betrue,
accurate,current
and complete”(Terms of Use, 2013)
This means that you agree to ensure at all times that any information provided is about you and is correct, and that you do not attempt to
impersonate or represent anybody else.
Your account must be for, and about, yourself.
Privacy
In addition to the terms regarding your use of the service,Instagram also has terms detailing how they may
use and store your information.
Instagram collects all information you supply to them directly,as well as any information sent by your device,
which includes:
“Web pages you visit,
add-ons,and other information
that assists us in improving the service”
(Privacy Policy, 2013)
This other information includes data such as
• Cookies • Log file information
• Device identifiers • Metadata
Instagram attempts to assure users that when it collects this information,
it collects it alongside information from other
usersso that it cannot be used to
identify any particular user.
However,
Barbaro and Zeller (2006) note that the more information that
is collected,the easier it becomes to identify
you, your habits, interests, activities, routines, etc
especially from the kind of information Instagram collects
from your devices
Instagram does not state anywhere in its terms that it de-identifies any of the data it stores for its own use,
and is specifically states as a part of their privacy policy, that:
“We may transfer information,including personal information,
to a country or jurisdiction that doesnot
have the same data protection lawsas your jurisdiction”
(Privacy Policy, 2013)
Instagram does note that it may
remove identifying data from information it
collects
but only in order to then share it with third-party and
affiliate businesses.
However,
this still may not be enough to prevent identification based on
this data,as the Privacy Rights Clearinghouse notes (2008) that once combined with information
from elsewhereeven anonymised information can still
identify you.
To make matters worse, upon deactivation of your account,Instagram can keep information or content
“for acommercially reasonable time
for backup,
archival, and/or audit purposes”
(Privacy Policy, 2013)
This effectively means
that once you provide information to Instagram
it’s mostly out of your control.
Termination of Access
As per standard procedure for Terms of Use
agreements, if any breach of the terms is detected,
Instagram may terminate your
access.
Instagram notes that it does not
bear any responsibility for any content posted by you or
others
throughout the service.
Instagram also notes that it
does not
have any standing requirement or obligation
to review, screen or edit content
before it is made available through the service
This effectively means that Instagram keeps some distance between itself and users
when it comes to disputes regarding ownership and copyright breaches
resulting from use of the service and that all responsibility for resolving these disputes
rests with the affected users.
However, Instagram does note that:“If you repeatedly infringe
other people’s intellectual property rights, we will
disable your account when appropriate”
(Terms of Use, 2013)
Although in its section detailing the rights of users,
Instagram explains that all content is
owned by the user,
and that posting the content merely grants a license for Instagram to use the content throughout its service…
…upon termination of your account,
all user rights, including those
regarding ownership
cease to exist.
This means that whilst“your photos,
comments, likes,
friendships, and all other data
will no longer be accessible through your account”
(Terms of Use, 2013)
Your content could still exist
if it was used by Instagram throughout its service for means other than making it accessible on your account (as per its license to do so),
if other users have made it accessible
through their accounts or
elsewhere on the service.
or
This effectively means that
whilst Instagram says that it does not own your content
this really only lasts as long as your account does
So if your account is terminated either by Instagram or yourself
your content may no longer be yours.
Although Instagram shares many things in common with other content sharing services, such as allowing users to retain
ownership of content on their account,requiring that users act
respectfully and not deliberately offend othersand requiring that
illegal content and activity is prohibited
Instagram does have some concerning terms
and provisions
which may restrict user ownership of
content as well as expose users to potential
breaches of privacy
So be aware of what you are signing up to
when you sign up for an Instagram account.
References
• Barbaro, M., & Zeller, T. (2006, August 9th). A Face Is Exposed for AOL Searcher No. 4417749. New York Times. Available: http://w2.eff.org/Privacy/AOL/exhibit_d.pdf
• Instagram. (2013). Privacy Policy. Available: http://instagram.com/about/legal/privacy/
• Instagram. (2013). Terms of Use. Available: http://instagram.com/about/legal/terms/
• Privacy Rights Clearinghouse (2008). Privacy and the Internet: Travelling in Cyberspace Safely.Available: http://www.privacyrights.org/fs/fs18-cyb.htm
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