Instagram’s Terms of Use

A Policy Primer for the terms and privacy policies applicable to Instagram users

Instagram is a highly mobile photo and video sharing application

Like with all photo-sharing 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

Let’s start with some of the basic terms you agree to by using the service

Basic Terms

Instagram has an age restriction

you have to be over the age of 13 to use

the service

However, no matter how old you are…

“You may not postviolent,nude,

partially nude,discriminatory,unlawful,infringing,

hateful,pornographic,or sexually suggestive photosor other content via the Service”

(Terms of Use, 2013)

In addition to not posting offensive material,

you cannot harass, bully, threaten or abuse any user by directly

targeting them

You also can’t interfere with any other users

experience of the service,

especially by preventing others from enjoying or using the

service.

As with many services which provide content sharing facilities,

you must not break the law through your use of Instagram

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.

Finally,

you are responsible for all content, information and activity related to

your account,and Instagram requires as a specific term of use that:

“All information you provide,or provided to Instagram upon registration

and at all other times will betrue,

accurate,current

and complete”(Terms of Use, 2013)

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.

Your account must be for, and about, yourself.

Privacy

In addition to the terms regarding your use of the service,Instagram also has terms detailing how they may

use and store your information.

Instagram collects all information you supply to them directly,as well as any information sent by your device,

which includes:

“Web pages you visit,

add-ons,and other information

that assists us in improving the service”

(Privacy Policy, 2013)

This other information includes data such as

• Cookies • Log file information

• Device identifiers • Metadata

Instagram attempts to assure users that when it collects this information,

it collects it alongside information from other

usersso that it cannot be used to

identify any particular user.

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

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:

“We may transfer information,including personal information,

to a country or jurisdiction that doesnot

have the same data protection lawsas your jurisdiction”

(Privacy Policy, 2013)

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.

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 elsewhereeven anonymised information can still

identify you.

To make matters worse, upon deactivation of your account,Instagram can keep information or content

“for acommercially reasonable time

for backup,

archival, and/or audit purposes”

(Privacy Policy, 2013)

This effectively means

that once you provide information to Instagram

it’s mostly out of your control.

Termination of Access

As per standard procedure for Terms of Use

agreements, if any breach of the terms is detected,

Instagram may terminate your

access.

Instagram notes that it does not

bear any responsibility for any content posted by you or

others

throughout the service.

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

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.

However, Instagram does note that:“If you repeatedly infringe

other people’s intellectual property rights, we will

disable your account when appropriate”

(Terms of Use, 2013)

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…

…upon termination of your account,

all user rights, including those

regarding ownership

cease to exist.

This means that whilst“your photos,

comments, likes,

friendships, and all other data

will no longer be accessible through your account”

(Terms of Use, 2013)

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),

if other users have made it accessible

through their accounts or

elsewhere on the service.

or

This effectively means that

whilst Instagram says that it does not own your content

this really only lasts as long as your account does

So if your account is terminated either by Instagram or yourself

your content may no longer be yours.

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 othersand requiring that

illegal content and activity is prohibited

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

So be aware of what you are signing up to

when you sign up for an Instagram account.

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