Twitter Terms of Service - Policy Primer
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Twitter Terms of Service - Policy Primer

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This presentation is my second assignment for NET303.

This presentation is my second assignment for NET303.

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  • Hi Aniel,

    Thanks for raising a number of interesting points about Twitter which is a service I’ve used quite heavily for a number of years.

    Like the TOS of Slideshare (and a number of others I’ve come across) the clause that states that “you may not use the Twitter service for the purpose of spamming anyone” is rather ambiguous in definition. The only conclusion that I can draw from these very similar clauses is that there is an expectation of a shared understanding of what constitutes spam amongst the collective user bases which, frankly, seems a little naive.

    While Twitter’s reservation of the right to display advertising isn’t necessarily a bad thing in and of itself, it does raise questions about what kind of data will be used to formulate the advertising especially when you consider the words of Brown and Muchira (2004) who state that “a critical success factor for customer relationship management is access to customer information”. It seems unlikely that the advertising being offered would use a “scatter-gun” approach and would instead be tailored in some way to the person viewing it. This also plays into the observations of Lessig (1998) about the expansion of the ways in which our lives can be searched and monitored and that we are entering “an age when the extent of the monitored, and the reach of searchable, is far greater than we have ever known”.

    It was quite interesting to read that Twitter does not grant the right to use the “Twitter name or any of the Twitter trademarks, logos, domain names” etc because, anecdotally, there are thousands and thousands of websites out there that display the Twitter logo, for example, to link their website or blog to a Twitter account.

    I particularly liked your concluding slide that emphasised that Twitter has “little to fear and much to gain”. This is quite poignant and reinforces the recurring idea that responsibility solely rests with the user.

    Well done!

    Cheers.

    References

    Brown, M., & Muchira, R., (2004). Investigating the Relationship between Internet Privacy Concern and Online Purchase Behavior. Journal of Electronic Commerce Research, 591), 62-70, URL: http://www.csulb.edu/web/journals/jecr/issues/20041/Paper6.pdf

    Kirkvliet, A., (2012). Twitter Terms of Service, URL: http://www.slideshare.net/anielkerko/twitter-terms-of-service-policy-primer

    Lessig, L., (1998). The Architecture of Privacy, URL: http://cyber.law.harvard.edu/works/lessig/architecture_priv.pdf
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  • 1. NET303 Policy Primer Twitter, Terms of Service Tweety’s Freedom Image Source Twitter bird: Goldenrail http://ipswhatsup.blogspot.com.au/2009/04/can-i-get-that-in-twitter.html
  • 2. from Twitter Terms of Service, 2012 When you sign up for Twitter, you are explicitly warned that all content that you upload, including the up 140 character messages called Tweets, are solely your own Responsibility. By signing up you agree to these terms.
  • 3. Spreading bad information about someone can be harmful to that person’s reputation. If this happens in a person-to- person environment it is slander. If it is done in public it is called DEFAMATION.Defamation is an offence punishable by law Image source Justitia http://morganguyton.wordpress.com/2011/09/10/applauding-rick-perrys-executions-retributive-justice/ Image source Arrest http://commons.wikimedia.org/w/index.php?title=File:Arrest.svg&page=1
  • 4. “What you say on Twitter may be viewed all around the world instantly" from Twitter Terms of Service, 2012 Tweet! The problem with making defamatory tweets on Twitter is that a simple message that is sent from a phone in a matter of seconds without too much thought, may potentially reach millions of people. Moreover, the messages are persistant, meaning that when a post is retweeted it cannot be retracted by the original sender. Image source: Joshua Daniels http://joshuadaniels.theworldrace.org/
  • 5. Suing over Tweets There are more and more examples of cases where authors of posts on Twitter get in trouble with the law or settle out of court to avoid legal consequences Source Courtney Love story: http://www.huffingtonpost.com/2011/03/04/courtney-love-settles-430_n_831302.html Source Chris Cairns story: http://www.bbc.co.uk/news/uk-17512027 Source Tom Daley story: http://www.huffingtonpost.com/2012/07/31/tom-daley-twitter-police-olympic-diver_n_1722739.html
  • 6. Suing Twitter And there are even those who sue Twitter for content uploaded and published through their services.
  • 7. Twitter in their Terms of ServiceTwitter is never Liable simply state that: THE TWITTER ENTITIES SHALL NOT BE LIABLE FOR […] ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
  • 8. Twitter Twitter reserves the right to change the services as well as the Terms of Service without prior notice to you. YouBy accessing or using theServices you agree to bebound by the Terms of The agreementService. Image source http://omega-constellation-collectors.blogspot.com.au/2012/09/david-one-goliath-nil.html
  • 9. You You may not use the Twitter service for the purpose of spamming anyone. Twitter Communications that Twitter considersimportant, you may not be able to opt-out from receiving. You agree that Twitter and itsAbout unsolicited content third party providers and partners may place advertising anywhere on the Services.
  • 10. About copyright Twitter By submitting, posting or displaying Content on or through the Services, you You grant us a worldwide, non- exclusive, royalty-free licenseNothing in the Terms gives (with the right to sublicense)you a right to use the toTwitter name or any of the use, copy, reproduce, process,Twitter trademarks, logos,domain names, and other adapt, modify, publish, transmdistinctive brand features. it, display and distribute such Content in any and all media or distribution methods (now known or later developed)
  • 11. And so you see, according to Twitter’sTerms of Service, they have little to fearand much to gain. Most responsibility forcontent is the user’s and Twitter is freeto use this content anyway they see fit.
  • 12. Image Sources (in order of appearance)Bird Cage, Pearson Scott Foresman, http://commons.wikimedia.org/wiki/File:Cage_%28PSF%29.jpgTwitter Bird, Golderail, http://ipswhatsup.blogspot.com.au/2009/04/can-i-get-that-in-twitter.htmlPeople around the world, Joshua Daniels, http://joshuadaniels.theworldrace.org/Courtney Love story, A McCartney, http://www.huffingtonpost.com/2011/03/04/courtney-love-settles-430_n_831302.htmlChris Cairns story, BBC News, http://www.bbc.co.uk/news/uk-17512027Tom Daley story, P Dodds, http://www.huffingtonpost.com/2012/07/31/tom-daley-twitter-police-olympic-diver_n_1722739.htmlArrest, Abu Badali, http://commons.wikimedia.org/w/index.php?title=File:Arrest.svg&page=1Lady Justitia, Morgan Guyton, http://morganguyton.wordpress.com/2011/09/10/applauding-rick-perrys-executions-retributive-justice/Sumo Wrestlers, Omega Constellation Collectors, http://omega-constellation-collectors.blogspot.com.au/2012/09/david-one-goliath-nil.html
  • 13. ReferencesAFP. “Twitter Sued by Brazilian Govt over Police Alerts.” The Times of India, 2012.http://timesofindia.indiatimes.com/tech/social-media/Twitter-sued-by-Brazilian-govt-over-police-alerts/articleshow/11807665.cmsBBC News. “Ex-cricketer Chris Cairns Wins £90,000 Libel Damages”, 2012. http://www.bbc.co.uk/news/uk-17512027.Black, P. “Will Marieke Hardy’s Twitter Case Change Australian Law for Ever?”, 2012.https://theconversation.edu.au/will-marieke-hardys-twitter-case-change-australian-law-for-ever-5432.Dodds, P. “Tom Daley Twitter Controversy: UK Police Arrest Teen Over Malicious Tweets At Olympic Diver”, 2012.http://www.huffingtonpost.com/2012/07/31/tom-daley-twitter-police-olympic-diver_n_1722739.html.Dugan, L. “Twitter Defamation Cases Are Heating Up.” Mediabistro, 2011.http://www.mediabistro.com/alltwitter/twitter-defamation-cases-are-heating-up_b12799.Gardner, E. “U.K. Judge Makes History in Twitter Defamation Verdict”, 2012.http://www.hollywoodreporter.com/thr-esq/chris-cairns-lalit-modi-twitter-defamation-verdict-305342.Martin, B. “Defamation Law and Free Speech”, 1996.http://www.uow.edu.au/~bmartin/dissent/documents/defamation.html.McCARTNEY, A. “Courtney Love Settles $430,000 Twitter Defamation Lawsuit”, 2011.http://www.huffingtonpost.com/2011/03/04/courtney-love-settles-430_n_831302.html.Twitter. “Twitter Help Center | The Twitter Rules”, 2012. https://support.twitter.com/groups/33-report-abuse-or-policy-violations/topics/121-guidelines-best-practices/articles/18311-the-twitter-rules#.Twitter. “Twitter Terms of Service”, 2012. https://twitter.com/tos.