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NET303 Policy Primer

Twitter Terms of Service
by

Nicky Veitch

on 20 April 2015

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Transcript of NET303 Policy Primer

Nicky Veitch | NET303 Policy Primer
Twitter Terms of Service

is a social media platform that:
”helps you create and share
ideas and information instantly,
without barriers”
Twitter allows users to:
In 2014
the company estimates
To use the service,
Twitter requires a new user to
create an account by:
how many people actually
take the time
to read the TOS?

Or the Privacy Policy?
Do you know
what you’re
signing up for?

“personal, worldwide, royalty-free, non-assignable and
non-exclusive license
to use the software”
You are responsible for,
and retain the rights to,
all content you post.
“worldwide, non-exclusive,
royalty-free license
(with the right to sublicense)
to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods
(now known or later developed)”
This means
they
can use
your
content
in any way they like.
By signing up to Twitter,
and agreeing to their Terms,
you’re actually giving up quite a lot
of personal control,
to a corporation.
This raises a few issues,
such as...
Copyright
Twitter gets to do what they like
with your content,
but they also
have a Copyright Policy,
which states:
“Twitter respects the intellectual property rights of others
and expects users of the Services
to do the same”
So if you are an artist
or other type of content producer,
and find your content
being improperly used on Twitter,
Surveillance and Privacy
What kind of privacy do you get
on Twitter?
About 95% of Twitter accounts are public.
But...
there is more to privacy than content.
"your IP address, browser type,
operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms,
and cookie information"
So Twitter actually knows
a lot more about you
than just
a name and email address.
You can turn on
“Do Not Track”
in your Twitter settings
to increase your privacy.
But...
this is not enabled by default.
What do Twitter do
with all the data they collect?
Primarily they claim to use the data to
“improve their Services”
This includes things like:
“provide more relevant advertising”
“share aggregate click statistics”
“tailor the Services for you based on your
visits to third-party websites”
How long do they keep this data?
For some types of data relating to
third-party websites that are visited,
it is removed within 10 days.
Twitter maintains
a strong commitment to
“user privacy and transparency around
government data requests”
They don’t give user data to governments
without a fight.
But...
they still comply with a
majority of government requests,
eventually.
Free Expression and Censorship
The onus is on you
to make sure the content
you post is acceptable.
Twitter don’t monitor the entire system themselves.
If it’s defamatory, offensive or illegal,
you’re
the one who could be held responsible,
In 2009, singer Courtney Love was accused of libel in the US over a Twitter post.
In Australia there have also been several cases where
individuals have been sued in court
So while Twitter itself do not filter or censor content,
Rights and responsibilities
You’re only allowed
to use the service
if you agree to Twitter’s rules.
But...
they can change the rules
at any time
without prior notice to you.
Twitter can terminate
your account
at any time.
If somebody complains
about your content,
your account may be terminated.
But...
If an underage user is reported to Twitter, the account may be terminated.
You are responsible for your
own password, and Twitter
are not liable for any loss or damage that may arise
as the result of a compromised password.
But sometimes...
You might not know your password has been compromised.
Even if an account
is terminated,
or if a user
deactivates their own account,
So while Twitter is a seemingly simple
and easy social network to use...

It’s important to understand your rights.

And understand that the data
you wittingly or unwittingly provide
may come back to haunt you.
create a profile
add a photo
and communicate with other users
all over the world
in real time.
it has 271 million
monthly active users
and that
500 million Tweets
are sent every day.
entering a name
an email address
creating a password
and agreeing to their Terms of Service (TOS).
Clicking the
“Create my Account” button
automatically indicates that
you agree to these Terms.

The whole process takes
less than a minute to complete.
But...
Agreeing to Twitter’s
Terms of Service (TOS)
constitutes a legal agreement
between yourself
and Twitter.
But...
by submitting content, you also grant Twitter a:
“with no compensation
paid to you”
And...
it may take a long time
and a lot of effort.
But...
Twitter users must be
above 13 years of age.
You may be subject to
legal action.

All things to think about.
Basically this means that
Twitter gives you a:
Twitter takes no responsibility
for any content posted,
by anybody.
They
can change
your
content if they want to.
They
could give it to one of
their
partners for them to use.
And
they
get to do this
without telling
you
.
(by somebody other than Twitter or their affiliates)
there is a process you can follow
to try to get it removed.
New accounts are public by default.
Therefore, most content on Twitter
is public
and able to be viewed
by everyone.
The data they collect could be used to identify you personally.
Other data such as your
IP address, browser, operating system
and mobile carrier,
may be retained
for up to 18 months.
They rely on users to report
unacceptable behaviour.
Although if they consider it important enough,
they might let you know after the fact.
This is as a result of a law in the United States,
the Child Online Protection and Privacy Act (COPPA).
This is rarely enforced.
References
Twitter’s privacy policy
allows for them to track:
not Twitter.
The case was finally decided in a California court in January 2014.
for comments posted on
social media sites.
it still pays to think carefully before posting.
Twitter’s copyright license
means they still hold
rights to your content.
About Twitter Fact Sheet. (2014) Retrieved October 23, 2014, from https://about.twitter.com/company

Amazed Senior Citizen Stock Photo. (2014, February 7) Retrieved October 25, 2014, from http://www.freedigitalphotos.net/images/amazed-senior-citizen-photo-p234278

Australia Flag Icon. (2011, September 2) Retrieved October 25, 2014, from http://www.iconarchive.com/show/all-country-flag-icons-by-custom-icon-design/Australia-Flag-icon.html

Barbaro, M., Zeller, T., & Hansell, S. (2006). A face is exposed for AOL searcher no. 4417749. New York Times, 9(2008), 8For.

boyd, d., Hargittai, E., Schultz, J., & Palfrey, J. (2011). Why parents help their children lie to Facebook about age: Unintended consequences of the ‘Children’s Online Privacy Protection Act&rsquo.

Electronic Frontier Foundation. (2014). Who Has Your Back? 2014: Protecting Your Data From Government Requests Retrieved October 24, 2014, from https://www.eff.org/who-has-your-back-government-data-requests-2014

Engel, P. (2014, January 25). Jury Rules In Favour Of Courtney Love In First-Ever Twitter Libel Trial Retrieved October 24, 2014, from http://www.businessinsider.com.au/jury-rules-in-favor-of-courtney-love-in-twitter-libel-trial-2014-1

Ghost Stock Image. (2013, December 28) Retrieved October 25, 2014, from http://www.freedigitalphotos.net/images/ghost-photo-p224857

Handshaking Business People Stock Photo. (2012, June 28) Retrieved October 25, 2014, from http://www.freedigitalphotos.net/images/Gestures_g185-Handshaking_Business_People_p88869.html

Hersh, M., L. (2001). IS COPPA A COP OUT? THE CHILD ONLINE PRIVACY PROTECTION ACT AS PROOF THAT PARENTS, NOT GOVERNMENT, SHOULD BE PROTECTING CHILDREN'S INTERESTS ON THE INTERNET. Fordham Urban Law Journal, 28, 1831-2037.

Jeffries, A. (2013, June 13). Escape from PRISM: how Twitter defies government data-sharing Retrieved October 24, 2014, from http://www.theverge.com/2013/6/13/4426420/twitter-prism-alex-macgillivray-NSA-government

Page, C. (2014, April 14). Twitter has almost 430 million inactive users Retrieved October 24, 2014, from http://www.theinquirer.net/inquirer/news/2339684/twitter-has-almost-430-million-inactive-users

Twitter Privacy Policy. (2014, September 8) Retrieved October 24, 2014, from https://twitter.com/privacy

Twitter Terms of Service. (2014, September 8) Retrieved October 24, 2014, from https://twitter.com/tos

United States Flag Icon. (2009, March 10) Retrieved October 25, 2014, from http://www.iconarchive.com/show/flag-3-icons-by-custom-icon-design/United-States-Flag-icon.html

Whitbourn, M. (2014). Cases against Andrew Farley, Mike Kelly and Marieke Hardy show that Twitter users can be held to account for their comments Retrieved October 24, 2014, from http://www.smh.com.au/technology/technology-news/cases-against-andrew-farley-mike-kelly-and-marieke-hardy-show-that-twitter-users-can-be-held-to-account-for-their-comments-20140307-34clr.html

Zittrain, J. (2009, July 19). Lost in the Cloud, The New York Times. Retrieved from http://www.nytimes.com/2009/07/20/opinion/20zittrain.html?tntemail1=y&_r=2&emc=tnt&pagewanted=all
https://about.twitter.com/company
https://twitter.com/tos
http://twitter.com/privacy
http://www.nytimes.com/2009/07/20/opinion/20zittrain.html
https://twitter.com/tos
http://www.theinquirer.net/inquirer/news/2339684/twitter-has-almost-430-million-inactive-users
https://twitter.com/privacy
https://twitter.com/privacy
https://twitter.com/privacy
https://www.eff.org/who-has-your-back-government-data-requests-2014
http://www.theverge.com/2013/6/13/4426420/twitter-prism-alex-macgillivray-NSA-government
http://www.businessinsider.com.au/jury-rules-in-favor-of-courtney-love-in-twitter-libel-trial-2014-1
Image courtesy of:
http://www.iconarchive.com/show/flag-3-icons-by-custom-icon-design/United-States-Flag-icon.html
http://www.smh.com.au/technology/technology-news/cases-against-andrew-farley-mike-kelly-and-marieke-hardy-show-that-twitter-users-can-be-held-to-account-for-their-comments-20140307-34clr.html
Image courtesy of:
http://www.iconarchive.com/show/all-country-flag-icons-by-custom-icon-design/Australia-Flag-icon.html
(Hersh, 2001)
(boyd, Hargittai, Schultz, & Palfrey, 2011)
http://w2.eff.org/Privacy/AOL/exhibit_d.pdf
Image courtesy of adamr at FreeDigitalPhotos.net
http://www.freedigitalphotos.net/images/Gestures_g185-Handshaking_Business_People_p88869.html
Image courtesy of Master isolated images at FreeDigitalPhotos.net
http://www.freedigitalphotos.net/images/Emotions_g96-Depressed_3d_Man_Sitting_p71118.html
Image courtesy of stockimages at FreeDigitalPhotos.net
http://www.freedigitalphotos.net/images/amazed-senior-citizen-photo-p234278
Image courtesy of lamnee at FreeDigitalPhotos.net
http://www.freedigitalphotos.net/images/ghost-photo-p224857
Image courtesy of:
https://about.twitter.com/press/brand-assets
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