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 ® 
But doesn’t it say the language prohibition only applies to Xbox services? Those are used by kids, so I can understand the restrictions. I read the agreement myself, and I cannot see how it applies to Skype or any other Microsoft service. I’m not a lawyer, so maybe I missed some obscure legal construction. Or maybe Microsoft just wasn’t clear enough on limiting it to Xbox.
No. See the list of services linked in the article. The terms make a prohibition to all of those services, and then provide additional enforcement mechanisms for Xbox Live only.
Of course, that doesn’t explain the Reddit blockage. But read it is mostly staffed by morons 🙂
Ok, I see that. But then the probation only applies to _public_ use, not private:
“Don’t publicly display or use the Services to share inappropriate content… ”
This seem reasonable. Say whatever you want in a private Skype session, but if you create an open-to-the-public channel, the rule applies. I admit that opens up a can of worms when determining what is inappropriate, but it’s there service, so they’re entitled to restrict public behavior just as Twitter and Facebook do (poorly 🙂
(publicly display) OR (share)
I said they could be more clear 🙂
Here’s what I think happened: a grammar malfunction. Yes, technically “share” could. be interpreted as “privately” OR “publicly” share. I don’t believe that’s what they meant, though. No excuse, of course, for ambiguous language. And for all I know (IANAL), a jury or judge could well make the broader interpretation regRdless of MS’ original intention.
So, if you think that’s possible, you shouldn’t accept the agreement. Tell them, and then tell us what they say!
I may wander over to Reddit and raise the point as well 🙂
I won’t assume anything is an innocent mistake here. Microsoft has an excellent legal team, and I assume this to be quite intentional.
And, according to them, you automatically accept the new terms by using any of the covered services after 5/1, so the only way to “not accept” the agreement is to delete all your accounts.
If you’re using any Microsoft products, there’s your first mistake. Everything else stems from that first badly flawed decision. All your data belongs…them.
How very Orwellian of you Microsoft;1984 is just a few moments away. All hail our tech overlords.
The Reddit ban says it was because “over ten percent of your content is your own site… links”
Did you share a link to your own site? If so, it could be that simple.
It could be that simple, if only there was a rule that said you can’t do that, and if only they deleted the post and issued a warning rather than banning me from the entire sub (and then deleting the post of the next 2 people to re-post it).
Not to mention such a rule would be pretty silly: something is spam because of what it contains, not because of who posts it.
Reddit has an interesting alternative take on that. They heavily count what else the contributor does. And apparently their tools ARE heavy handed. 😦
Here are some helpful links:
How they define spam: https://www.reddit.com/wiki/faq#wiki_what_constitutes_spam.3F
How they feel about self promotion: https://www.reddit.com/wiki/selfpromotion
A summary that describes how they used to have a site-wide 10 percent rule, but now it is up to subgroup mods to decide whether to enforce it or not: https://www.reddit.com/r/modnews/comments/6bj5de/state_of_spam/
Sigh.
The irony of people sharing this story on Facebook is entertaining…
For the record, I don’t have an xbox, I don’t feel particularly pro or con to Microsoft in general. But that said, a couple things to note, in my opinion:
All the consoles with online capabilities (starting with the PS2) have always contained a “black box” technology that records all interactions (text, speech, purchases, etc). It’s only been made use of to investigate any form of conflict resolution where serious discrepancies arise from user reported abuse and subsequent denials. The same concerns are debated every couple years about who is doing what and why to user accounts when more people become aware of monitoring, censorship, etc by their consoles. Since the ridiculously embarrassing Kinect photo leaks, Microsoft has taken serious steps to avoid collected data being monitored without cause. I can’t see that changing despite the language of the new agreement, because they can’t risk another leak that exposes them or individuals. So no, they won’t do bans for anything is the 2 people in the intersection are consenting, not offended, and have no reason to report each other.
Further, if you’re following their Supreme Court case, they are taking a very active role in fighting jurisdictions of any court over all their data. It’s long and convoluted, but their case has very good ground in protecting their users and customers (across all channels) while law enforcement is trying to hold a claim of total jurisdiction over any online interaction that has any tie to US soil.
Just like Apple vs the FBI phone breaking, and the renewed fight for mobile unlocking skeleton keys this last week, Microsoft does have a vested interest in its clients well above and beyond any cooperation with law enforcement agencies that do seek to actively monitor citizens. The government and its agencies are not how they make their real money. They make it from (mostly) b2b sales and second most from us, the consumers. And that relationship from our side is about Trust. Which does look like it’s been violated here, but I can say with no doubt, not because of Microsoft, but because of pundits and lobbyists who want us to not trust them and sign over all our rights to Washington. So…
The point of mentioning these facts is not to defend Microsoft. Rather, Data Collection as a whole–and Gaming for censorship reasons around gun debates to misdirect the conversation–are under intense scrutiny and sitting on the edge of a legal and ethical cliff. Without self regulation like these agreement changes, it leaves an anarchic void the government wants desperately to fill for very different reasons than public decency or even public safety.
Government clearly wants to monopolize data collection and analyzation, and not just because of the Cambridge scandal. They struck down Net Neutrality to monetize data at the access point. Since then they have pushed for efforts to clamp down on companies privately collecting (Apple, Facebook, Microsoft, etc.) at the behest of the lobbyists: The Cable Company ISPs.
If we continue to light torches at the gates of the companies fighting against DC and ISP initiatives like these, we’re lost as a society.
This isn’t conspiracy theory, it’s not speculation, it’s just the facts of who wants the data, why they want it, and hopefully at least some people out there will begin to question why we are constantly incited to riot without thought.
I’m punk to the bone, and the last few months have been really crazy to suddenly side with corporations after decades of watching many of them destroy our values. But right now, trying to force Microsoft to fight on two fronts….with the Supreme Court who wants to diminish our rights and privacy further….and concurrently with Consumers who don’t understand the entire picture… that’s how wars are lost.
Resist. Learn. Be kind to strangers. Vote for Your Interests, Not Against Them, Not For Others’ Interests. That’s how we protect ourselves and win.