Dammit! I'm a Tech (the "Services" or "Site") Punter (the "User" or "Member") not a Lawyer!
Dammit! I'm a Tech (the "Services" or "Site") Punter (the "User" or "Member") not a Lawyer! 99: The number of pages the most recently updated Terms of Service for iTunes presented to iPhone users 2 minutes: amount of time I spent reading them Why? Because I'm a user and we move at Warp Speed - we're often in the middle of doing something else... "I don't know, Jim. This is a big ship. I'm just a country doctor." "Look, I'm a doctor, not an escalator." Nicola Osborne EDINA Social Media Officer nicola.osborne@ed.ac.uk @suchprettyeyes First a couple of questions... have you registered for a website or social media tool lately? Did you read all of the terms and conditions, the privacy policy, and all related policies for that site? Did you check where the owners/operators of the site were based? Did you check where the site and/or your data is hosted? Do you know how all of the site's terms and policies apply to you, your data and your own jurisdiction? A bit about me... Social Media Officer for EDINA EDINA is a JISC-appointed National Data Centre We provide services for UK HE & FE I work across our 30+ Projects and Services providing guidance, ideas, and support for social media - both technological approaches and communications tools A lot of our services are based around data licensed for use by HE &FE Our services are often subject to licences, agreements, and terms of use. We place our terms up front but Social Media Sites increasingly include notes/disclaimers like this: Can you really stop people using "Face" or "Wall"? This warning seems to be in the wrong place. It also clashes with the Privacy Policy for Facebook which allows the export of personal contacts without consent (so long as these people are friends or share information publicly) Keeping up to date on terms, conditions and expectations is a major commitment... Sometimes terms seem vague, unenforceable, and without prioritisation... And how can you define "midleading" in a space full of playful status messages, party photos, playful comments and novel profile pictures? For instance Facebook's Statement of Rights and Responsibilities (22nd April 2010 version: http://www.facebook.com/#!/terms.php) includes a reminder that: *some* of these terms and conditions are too important not to be read But important and trival issues get bundled together... They get lost in long documents They are presented in wholly unsuitable ways for the target audience of the site They are spread across too many different areas of a site But... Do You Really Need Terms of Use for Podcasts? Is "Misleading" really as serious as "malicious" or "Unlawful"? AND If you can sum up your terms in a tiny one sentence version why not ONLY communicate them that way? Does Simple = Unacceptable Compromise? spurious favourite Dr McCoy quote! "The Incredibles Family" by heath_bar/Heath: http://www.flickr.com/photos/heathbar/981405024/sizes/l/ "Star Trek cycle" by Alan Light: http://www.flickr.com/photos/alan-light/1118374368/ "Roscoe Considers Recording a Podcast" by Zoomar http://www.flickr.com/photos/zoomar/2265202595/sizes/l/ The Joy of Tech Comic (Nitrozac & Snaggy): "Big Zucker is waching"http://www.geekculture.com/joyoftech/joyarchives/1330.html In Stark Contrast... "MSCED 015 / Chatroulette Speed Drawing #05" by kisokiso/Chris Gallevo: http://www.flickr.com/photos/chrisgallevo/4290226378/ Chatroulette represents total rebellion from online rules Can the policies and terms of service used online be made more accessible, briefer, clearer? How can we be sure that users' acceptance of Terms of Use is properly informed? Would the legitimacy of Terms or Policies be in some way altered if their presentation were in more user-friendly formats such as: videos, animations, quizzes, etc? Could standardised Terms of Use and Privacy Policies be introduced to help reduce confusion? There are lots of challenges here Terms of use are often seen as optional extras, things that people feel websites should have no matter what the context/service/use. Many sites re-use others' Terms with only minimal change and often do not update them. Terms of Use and privacy policies are often afterthoughts and are rarely, if ever, user tested for coherance, relevance, or quality of content... "San Francisco United for Iran Global Day of Action July 25, 2009" by Steve Rhodes: http://www.flickr.com/photos/ari/3764615615/ A Call to action! "For me, T&Cs are boring text that makes no sense unless you study them with a context in mind. - Jennifer, participant in MSc eLearning discussion "...It is vital that students know what they are being asked to sign up to with all of its implications. Digital footprints are not always easy to erase (e.g. difficult almost to the point of impossible to delete a Facebook account). " - Nicki, participant in MSc eLearning discussion It's not like the legal picture is easy to describe Copyright laws vary from country to country. Multiple Creative Commons and "open" licence standards exist (and are often poorly understood by users). Terms of commercial licences vary even more widely. Multiple laws apply: Data Protection; Copyright; Digital Economies Bill for a start... All are complex in their own right. http://memory-alpha.org/wiki/I%27m_a_doctor,_not_a... Cue questions, discussion and genius ideas! http://vark.com/t/fH_dXC
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