This morning, I got the kind of e-mail that most of us ignore: “Update to our terms of service” from Microsoft. But I love waking up to read a good contract in the morning, so I had a look at the summary of changes to the “Microsoft Services Agreement,” which applies to things like Skype, Office 365, OneDrive, and a whole list of other services. The summary turned out to be a 27 bullet point document of mostly bland changes — except for point 5:
5. In the Code of Conduct section, we’ve clarified that use of offensive language and fraudulent activity is prohibited. We’ve also clarified that violation of the Code of Conduct through Xbox Services may result in suspensions or bans from participation in Xbox Services, including forfeiture of content licenses, Xbox Gold Membership time, and Microsoft account balances associated with the account.
Looking through the full text of the new agreement, I found the relevant change in Section 3(a)(iv):
Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
So wait a sec: I can’t use Skype to have an adult video call with my girlfriend? I can’t use OneDrive to back up a document that says “fuck” in it? If I call someone a mean name in Xbox Live, not only will they cancel my account, but also confiscate any funds I’ve deposited in my account? (And are we no longer allowed to shoot people in Call of Duty? Animated violence doesn’t really get any more “graphic” than this Microsoft-approved video game offers.)
And how are they going to enforce this ban? Are they going to be looking through my Skype sessions? Section 3(b):
When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue.
Got it.
What’s clear here is that Microsoft is reserving the right to cancel your account whenever they feel like it. They do nothing to define “offensive language” (or “graphic violence,” for that matter) and in 2018 when anyone can be offended by anything, these terms allow Microsoft staff to play unrestrained censor if and when they choose. Given that Google’s YouTube uses that power to remove politically “sensitive” videos (like those on legal firearm modifications), should we expect that Microsoft will also be removing content and users to earn PR points with the politically correct movement du jour?
What’s also clear is that they reserve the right to go through your private data, and these terms seem to pretty clearly allow them to watch and listen to your Skype calls, so long as they are “investigating” something. The terms don’t appear to require any complaint to be filed against you — just that an employee decide that they want to “investigate.”
I’ll be setting my Skype account not to renew itself.
[Update 1 – Welcome to those new to the blog! Professional Troublemaker primarily focuses on civil rights issues, especially privacy rights, and you may recall my work publicly embarrassing the TSA for their flawed body scanners and other failures. If keeping our government — and occasionally large corporations — in check when they refuse to check themselves interests you, please hit that Follow button at the bottom of the page or follow on Twitter!]
[Update 2 – I’ve been banned from Reddit’s /r/Microsoft for sharing this story…
Professional Troublemaker ® 
If I were Micro$oft, I’d be “investigating” the ones with the highest balances first. After all, if they say something I deem “offensive”, I can keep their money and not provide any service.
I hate to say it but at some point, the people are going to have to say enough of this crap. Freedom isn’t always pleasant.
Makes me glad I don’t, and never have, owned anything Micr$oft. Linux user here.
If you honestly think that this, all of it including youtube, etc. is about “offensive language” and not retaking control of the narrative and the controls back, because the Orange Idiot managed to slip into office instead of The Company candidate, you are sorely mistaken.
Oh, I’m not mistaken. Sure, money is one thing that drives them but control is yet another one. If they can control the narrative, they can control how people think. Everything facebook, youtube and many other sites do are about controlling how people think. It’s sad to see how far we have come in the last several decades. Some are clueless that they are giving up their rights thinking they are taking someone else’s. At some point, the people are going to have to fix it or no one will have rights.
I see your point and agree with it. I just pointed out one obvious financial point while trying to avoid politics.
So MicroSoft is into us. What else is new? What really bothered me lately, when reviewing local prosecution for child porn, is that they are mostly bought about by reports from Home Land Security to local law enforcement. With the IP address given to police, a warrant is made out and computers, etc., are all confiscated so they can be professionally investigated for criminal photos. By the way, having one child porn picture is a felony punishable by 5 years in state run retirement. Having 100 such pictures is 500 years (yikes). Many of these pictures of course are decades old and well known to police and I strongly suspect they are distributed by Home Land Security to entrap possible prevents. By the way, although I personally do not approve of child porn, I also do not approve pictures of humans being hacked to pieces. But, if I accidently view one of these offending pictures, I am not about to run out the door to look for children to molest or fellow humans to hack up. I think all of us from time to time have bad thoughts, but we also usually ignore these and life goes on.
Such nice text! I like your thinking very much.
They left the door wide open to allow themselves even more access to user data. Windows 10 is already a data-mining, surveillance machine – they are simply extending the level of surveillance. Truly the dark ages of technology.
“xbox”
completely lost interest once i read that. fucking console shit
Read more closely. It applies to dozens of Microsoft services, not just Xbox.
No one’s forcing you to use Microsoft tools or services (at least I hope no one’s forcing you, otherwise I’m worried). Just pick something else. Every browser has WebRTC built in now, there are a dozen video conferencing services available that run on any operating system.
Well i understand if they can access your data in case you are using “bad” words, mean they are keeping all your data saved, so if you have a horny or sexcam w your girlfriend, you dont know who may be watching
Ok stupid question.. who in the world is still using crappy Skype?
And skype couldn’t stop all the call girl chat invites in 10 years. They think they can pull this off? Hah!
Psy-Q, what about all those people who are just going to use the service work the faith that Microsoft is trustworthy? Without ever even knowing that Microsoft has now reserved the right to spy on anything they do? The censorship issues are their prerogative; they’re a private company and can cultivate their user base how they see fit. But, this is an invasion of privacy.
According to your own article, the new terms only mention how you can use Microsoft’s services PUBLICLY. What does this have to do with an adult video call with your girlfriend?
“If I call someone a mean name in Xbox Live, not only will they cancel my account, but also confiscate any funds I’ve deposited in my account?”
Yes, but that’s not new at all. Been a thing for a long time.
Is this actually as evil as it seems at first glance?
It sounds to me more like they are providing a rule to let them ban someone if there is a complaint, not that they’re going to go searching for stuff.
Since when is having a sex chat/Skype with a girlfriend or boyfriend public content, or did most of you miss the keywords here of “public content” if your gf/bf isn’t underage and they aren’t mad at you and feel like reporting you (which would only work if they weren’t participating, otherwise it makes their complaint invalid as they were willing participants also) then you really have nothing to fear and can go on your merry little way of cyber sex. Don’t message strangers on Skype with pictures of your privates and other inappropriate behaviour. All I see is them enforcing the same rules as other places, don’t be rude and obnoxious in public forums, with strangers you don’t know. Be a genuinely decent human being so others don’t see how perverted most of us really are. Aka keep your perverted tendencies private and only show to people you trust … Not a hard rule to follow. And I say perverted tencendencies in a good way, seeing as I’m more perverted than the average person.
public content OR sharing
Posting publicly and sharing publicly is what they’re talking about. In no way does this affect what you store in your own personal OneDrive account or any activity you do privately. All they are saying is that they don’t want to be carriers of publicly accessible documents or communications that spread such material they deem offensive. Most companies these days have similar restrictions.
That’s your reading, but that’s not the way I believe a court would limit it. It does not say sharing PUBLICLY. It says sharing.
Well then I hope you’ve reached out to Microsoft to find out what they mean by it, because this whole article is taking one interpretation of that phrase and assuming that’s what they meant. The problem with doing this without a clearer explanation is that you’re going to have a lot of laymen out there thinking all of their secret, private and possible offensive files and personal data is up for grabs by Microsoft wishing to cleanse their services of such material and I HIGHLY doubt this is the case. Microsoft would lose everything if this ends up being the reality.
I completely understand their desire to keep the publicly accessible areas (including publicly shared OneDrive files) free of offensive material, but it would make ZERO sense to start sanitizing everyone’s private data as well.
The document is a contact. I don’t care what Microsoft’s interpretation is… It’s what they actually wrote, and how a *court* will interpret it, that counts.
Posts privacy concern and is promptly banned from r/Microsoft. Further proving 90% of Reddit is a cancerous circle-jerk where wrongthink isn’t tolerated.
Can you pinpoint EXACTLY where this states Office will be affected? I’m an author and worried about this, as I use Word (and One Drive to back up my manuscripts). I write grimdark fantasy-sci-fi, so lots of swearing, violence, adult themes, etc that could be flagged as offensive. The wording on the site makes it seem as though Office is excluded?
A link to the affected services is in the post. But, keep in mind I said Office 365, not Office.
Has Microsoft confirmed your reading of the changes to the Terms?
The plain text reading is different: they changed the Xbox terms to cover language, while the Office 365 terms changes does not mention any such rules regarding offensive language.
I agree that this would be disturbing, if it were confirmed to be true. Has Microsoft issued any confirmation, rebuttal, or statement in response?
These terms are *not* just for Xbox. This blog post provides a link to all services that are covered. They include Skype and Office 365.
The reason I ask is that the posted changes come under the heading of Xbox, not under all services, and the Office posted changes does not include this.
The wording of the changes repeatedly mentions Xbox services, and this type of change would be in line with what Microsoft has been stating for years about its intentions to institute content filters and similar steps within Xbox only services.
Your post is the first and only source on this story, and I appreciate you bringing this to our attention. If you get any confirmation from Microsoft, or feedback from any lawyers or others who might be able to confirm or dispute your reading of the text, I would greatly appreciate it if you shared that.
Are we looking at the same document?
https://www.microsoft.com/en-us/servicesagreement/upcoming.aspx
Where do you see a heading that says Xbox only?
I guess I’ll be arrested by Microsoft police very soon!
I don’t get this. So all those fruity Skype chats I’ve had with my lover over the years could in fact have been even fruitier – up until now?
Is there an F filter now then?
Who’s listening anyway?
This isn’t about Skype or any other service getting you banned, this is about abusing services THROUGH XBOX LIVE, at which point you can be banned on Xbox Live.
The first paragraph you quote has it pretty plainly:
“violation of the Code of Conduct **through Xbox Services** may result in suspensions or **bans** from participation **in Xbox Services**”
So if you’re a camgirl doing the naked party through Skype you have nothing to worry about.
If, OTOH, you’re a camgirl doing the naked party through Skype ON XBOX LIVE, you might get your account banned.
Why do so many people have such shit reading comprehension? Do we not teach that in school anymore? Or are we just Microsoft lackeys?
The paragraph I quoted has 2 sentences. The first applies to ALL services for which the Microsoft Services Agreement is applicable. The second specifies ADDITIONAL sanctions if you’re caught breaking the rules on Xbox live.
This is clear and unambiguous.
This is probably in response to FOSTA.
Jonathan, you’re mistaken in the whole “share / naughty videos with girlfriend” thing. It’s been in the TOS for a LONG time already. https://www.microsoft.com/en-us/servicesagreement (note it says effective from september 2016)
How does “they’ve been doing it for a long time” make me “mistaken?”