It looks like Ben Stanfield started a blogstorm this weekend by pointing out a new(?) clause in AOL’s AIM terms-of-service that states “In addition, by posting Content on an AIM Product, you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. You waive any right to privacy.” AOL has been trying to stamp out the fire, and say the terms aren’t meant to apply to person-to-person instant messenger, only to posting in public chat rooms, message boards and other public forums.
I think AOL is telling the truth here, but the more I think about it the less I think that matters. In the end my privacy over AIM relies on my trusting AOL; trusting them not to change their privacy policy without my noticing, trusting them to stand up for my rights if they receive an overly-broad subpoena and trusting them to secure their networks from snoopy employees. Over the past 10 years I’ve learned to be sparing in my trust of Internet companies. Luckily, there are alternatives that don’t require that kind of trust. Time to get off my butt and finally start using that Jabber server I set up a while back, and to see how well Skype‘s encrypted IM and voice-messaging really works.
Update 3/18/05: I had thought only the Enterprise version of AIM supported encryption (and that may be AOL’s intent), but apparently you can just create your own certificate and that’ll work too. Thanks to Aleatha for the comment (and also for pointing out that the TOS has, in fact, been around for a year or so in this form).
On a related note, I also notice that iChat 3.0 (shipping with Mac OSX Tiger) will support Jabber as a standard protocol. Yay!