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Net 303 Policy Primer: Instagram
1. Instagram’s Terms of
Use
A Policy Primer for the terms and privacy policies applicable to
Instagram users
2. Instagram is a highly mobile photo and video sharing application
3. Like with all photosharing 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
4. Let’s start with some of the basic terms you agree to by using the service
8. In addition to not posting offensive material,
you cannot harass, bully, threaten or abuse
any user by directly targeting them
9. You also can’t interfere with any
other users experience of the
service,
especially by
preventing others from enjoying or
using the service.
10. As with many services which provide content
sharing facilities,
you must not break the law through
your use of Instagram
11. 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.
12. Finally,
you are responsible for all content, information
and activity related to your account,
and Instagram requires as a specific
term of use that:
14. 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.
20. This other information includes data such as
• Cookies
• Log file information
• Device identifiers
• Metadata
21. Instagram attempts to assure users that
when it collects this information,
it collects it alongside information
from other users
so that it cannot be used to identify
any particular user.
22. 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
23. 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:
25. 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.
26. 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 elsewhere
even anonymised information can
still identify you.
27. To make matters worse,
upon deactivation of your account,
Instagram can keep information or content
31. As per standard procedure for Terms
of Use agreements,
if any breach of the terms is
detected,
Instagram may terminate
your access.
32. Instagram notes that it
does not
bear any responsibility for any content
posted by you or others
throughout the service.
33. 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
34. 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.
36. 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…
37. …upon termination of your account,
all user rights, including
those regarding ownership
cease to exist.
39. 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),
or
if other users have made
it accessible through their
accounts or elsewhere on
the service.
40. This effectively means that
whilst Instagram says that it does not own your content
this really only lasts as long as your account does
41. So if your account is terminated
either by Instagram or yourself
your content may no longer be yours.
42. 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 others
and requiring that illegal content
and activity is prohibited
43. 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
44. So be aware of what you are
signing up to
when you sign up for an
Instagram account.
45. 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
