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New ToS panic

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What Instagram's New Terms of Service Mean for You. Stop Whining About Your Personal Data on Instagram You Little Whiny Baby. No, Instagram can't sell your photos: what the new terms of service really mean. You agree that a business may pay Instagram to display your photos in connection with paid or sponsored content or promotions without any compensation to you. That sentence was added to Instagram's terms of service yesterday, sparking widespread outrage — the most panicked analysis claims Instagram just gave itself permission to sell everyone's photos at will.

Even the least icky hypothetical scenarios being tossed around are completely icky: your parents leave a comment on a photo of your kid, and five minutes later, they're looking at an ad for a new life insurance policy featuring that same intimate photo of their grandchild. Is this really the future of Instagram? Well, in a way. But it's a lot more like Facebook's current "sponsored post" system than anything else — there's no way Instagram can up and sell your photos to anyone, and advertisers are fairly limited in what they can do with those photos.

Here's what's going on. There's no way Instagram can sell your photos to anyone. Quit Instagram, They Said. They’re Selling Your Photos, They Said. The real world: Quit, verb, to leave (a place), usually permanently. The internet: Quit, verb, to threaten to leave as loudly as possible, usually over something stupid, then do nothing. Some days I feel like the blogosphere is full of paranoid attention whores. Other days, I’m sure of it. Today is one of those days.

Seriously — what the fuck happened this morning? What started last night as a few people wondering about some (maybe) questionable wording in Instagram’s terms of service turned into full-on rage tweeting this morning. “How dare they do this?!” I did what any rational person would do: I started making fun of those people. The only problem? Nah. Well, now we have Instagram’s actual statement on the matter, and it’s pretty straightforward: “To be clear: it is not our intention to sell your photos,” wrote co-founder Kevin Systrom.

That’s the thing: why was the default thought here to assume that Instagram was out to do something nefarious? Thank you, and we’re listening. Yesterday we introduced a new version of our Privacy Policy and Terms of Service that will take effect in thirty days. These two documents help communicate as clearly as possible our relationship with the users of Instagram so you understand how your data will be used, and the rules that govern the thriving and active Instagram community. Since making these changes, we’ve heard loud and clear that many users are confused and upset about what the changes mean. I’m writing this today to let you know we’re listening and to commit to you that we will be doing more to answer your questions, fix any mistakes, and eliminate the confusion.

As we review your feedback and stories in the press, we’re going to modify specific parts of the terms to make it more clear what will happen with your photos. Legal documents are easy to misinterpret. So I’d like to address specific concerns we’ve heard from everyone: Advertising on Instagram From the start, Instagram was created to become a business. Updated Terms of Service Based on Your Feedback. Earlier this week, we introduced a set of updates to our privacy policy and terms of service to help our users better understand our service. In the days since, it became clear that we failed to fulfill what I consider one of our most important responsibilities – to communicate our intentions clearly.

I am sorry for that, and I am focused on making it right. The concerns we heard about from you the most focused on advertising, and what our changes might mean for you and your photos. There was confusion and real concern about what our possible advertising products could look like and how they would work. Because of the feedback we have heard from you, we are reverting this advertising section to the original version that has been in effect since we launched the service in October 2010. You also had deep concerns about whether under our new terms, Instagram had any plans to sell your content. I’m proud that Instagram has a community that feels so strongly about a product we all love. Instagram privacy lawsuit is nonsense say experts.

As the faux furor over Instagram’s user terms drags on like third day leftovers, it’s time to throw some cold water on one part of the story — the class action case that’s supposed to bring the photo-sharing service to heel. In case you missed it, a San Diego law firm this week sought to run to the rescue of Instagram users who are upset that the site will change its terms of service in January. These new terms are meant to help Instagram introduce advertising practices akin to its new parent company, Facebook, which turn users into pitchmen for products.

The lawsuit, which came after weeks of uproar about the maladroit way in which Instagram rolled out the proposed changes, made for good headlines. Too bad, then, the case stands as much chance of success as that petition to deport CNN’s Piers Morgan. So why are the good folks at Finkelstein & Krinsk law firm filing this case in the first place? Are People Abandoning Instagram? Of Course Not.