How many of you are sure you don't violate cloud rules on content?

You can't store unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable content says Apple's iCloud, but the list is as good as identical for Google, Microsoft or whatever cloud storage.

I'm afraid my content could well be considered unlawful as I have no idea which laws I have to abide by. American I guess? I don't know them that well so I probably violated them in the last 25 years by writing documents, emailing, making photos or storing software.

Libelous Guilty your honor, I have said things which could well be libelous under whatever book you throw at me.

Threatening? You bet. I have had my share of unashamed debtors who I had to threaten with court cases just to pay up for services rendered. You will find these documents in my your cloud.

obscene? Now that's not really my thing, but I might have uploaded a photo with a nipple showing. If you have a panel of prudent Americans out there scanning my photos I could again be guilty as charged.

Oh, and if you escape all of these you will probably be catched by otherwise objectionable content All my content over the years must have been 'otherwise objectionable' according to laws, regulations and morality I 'm not acquainted with.

If everything would have been stored in the cloud I'm certain that somewhere, sometime I would have violated the terms of service meaning that the content would have been deleted and my data lost.

Even if you don't store naked pictures of yourself or the celeb you're dating, you have a 100% chance of losing your content due to violation of any of these silly terms of services.

The good thing though is that the content which is most 'illegal' will probably 'leak' from the cloud all over the internet so you will have a backup of your naked selfies #Tech

 
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19 Responses to How many of you are sure you don't violate cloud rules on content?

  1. Yeah well hopefully it will all be properly encrypted soon… in the meantime I can laugh at celebrities whilst knowing that whilst I have probably also breached the TOS outlined above, the world is safe from any naked pictures leaking of me simply because I don't have any.

  2. You mean you practice common sense, +daniel ware? Wasn't that some passing fad?

  3. Bernd Rubel says:

    The reason for these TOS is that a few laws and/or court rulings say that a hosting provider and cloud service could be co-responsible for the data (you know, like a european court ruled that Google is responsible for data that isn't even stored by them). These TOS give them a) the ability to delete the data and b) to say, that they always disassociated themself from possible infringements. That's not silly at all, from their POV.

  4. Max Huijgen says:

    No, they are not silly from the POV of storage providers (although they could have taken a braver stance by just disassociating themselves from the content).
    However they are silly from the POV of users of said cloud services +Bernd Rubel

  5. Max Huijgen says:

    Don't piss off the powerful is a difficult strategy to keep your content secure +Wayne Radinsky

  6. Bernd Rubel says:

    +Max Huijgen Then let's name the reasons for these TOS and say that they are silly from the POV of the citizens of a certain country, ok? Did you ever check the TOS of your favorite parcel service or safe-deposit box in your bank? Co-responsibility is a legal minefield, and that's not the fault of the service providers. Co-responsibility can allow the FBI to conquer your house, even if you live in New Zealand.

    http://en.wikipedia.org/wiki/Kim_Dotcom

  7. Max Huijgen says:

    Point me to the TOS of a safe-deposit box +Bernd Rubel

  8. Max Huijgen says:

    Why would the American content storage providers even assume responsibility?

    Section 230 of the CDA protects intermediaries from publication liability. If you didn't write it, and didn't exercise editorial discretion, then you're not responsible for it if it shows up on your site. That's how (for instance) Google can provide you with search results or cached pages without screening absolutely everything it touches for defamation. That's how bulletin boards and chat rooms or Facebook can take in user-generated content without certifying it as defamation-free.

  9. Bernd Rubel says:

    +Max Huijgen http://www.huffingtonpost.com/mary-anne-franks/section-230-the-lawless-internet_b_4455090.html

    Since you already know from the court ruling about the RTBF section 230 does not apply if the american content storage provider earns his money and has an office in Europe, for example.

    http://truthonthemarket.com/2012/08/27/eric-goldman-on-the-role-and-importance-of-section-230-immunity/

    <- This is another reason for these TOS. If i start to share unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive content on G+ that is hosted on G+ Drive, you and any other user on G+ can report my posts and Google is not only allowed to delete the post, but also the content and my account.

  10. The biggest issue: the difference in how difference jurisdictions apply legislation to Personally Identifiable Information (obviously more an issue for cloud providers).

    If I upload something to [Google, for example] about [a client, for example], it may be legal here in the U.S., but if Google (for example) backs up its cloud DB to someplace in the E.U., we both could run afoul of the more stringent E.U. PII laws.

    What will probably eventually happen is a combination of policies that form the most restrictive superset of policies.

    Some years back, France put an embargo on Nazi Memorabilia, and forced their rules on service providers. Imagine how the Cloud may make that much more complex.

  11. Wolf Weber says:

    Generally I use cloud services only for data I would also tape to a high street lamp post without any doubt.

  12. I think the question is rather silly actually. There are far greater concerns than whether or not I have violated the TOS with the content I have stored in the cloud. This is really a privacy issue. What's to keep hackers and governments from getting to my data. What's to keep cloud company's from mining my storage for behavioral clues and other information that I may not want them to have ?

    I found out yesterday that my set top box, the one I use to record shows I want to watch later, isn't recording anything. The information is virtual and is being stored on my cable companies servers. This allows them to know exactly what I'm watching and I don't like that one bit.

  13. Google TOS for Google Drive:

    https://support.google.com/drive/answer/148505

    Sexually explicit material

    Don’t publish sexually explicit images or videos, such as those with nudity or graphic sex acts. Writing about adult topics is permitted as long as they aren't accompanied by sexually explicit images or videos, or any material that promotes or depicts unlawful or inappropriate sexual acts with children or animals. Additionally, we don't allow content that drives traffic to commercial pornography.

    So Google's Limitations are on PUBLISHING such Material on it's Cloud Drive, but it does not LIMIT you do store such Material.

    ——————

    Microsoft TOS General, but includes OneDrive:

    http://windows.microsoft.com/en-us/windows/microsoft-services-agreement

    3.6. What type of Content or actions aren't permitted? In order to protect our customers and the Services, we have established this Code of Conduct governing the use of the Services. Content or actions that violate this Agreement aren't permitted.

    i. Don't use the Services to do anything illegal.

    ii. Don't engage in any activity that exploits, harms, or threatens to harm children.

    iii. Don't send spam or use your account to help others send spam. Spam is unsolicited bulk email, postings or instant messages.

    iv. Don't publicly display inappropriate images (e.g. nudity, bestiality, pornography).

    v. Don't engage in activity that is false or misleading (e.g. attempts to ask for money under false pretenses, impersonating someone else).

    vi. Don't engage in activity that is harmful to the Services or others (e.g. viruses, stalking, hate speech, advocating violence against others).

    vii. Don't infringe upon the rights of others (e.g. unauthorized sharing of copyrighted music, resale or other distribution of Bing maps, photographs and other Content).

    viii. Don't engage in activity that violates the privacy of others.
    In many cases Microsoft is alerted to violations of the Code of Conduct through customer complaints, but we also deploy automated technologies to detect child pornography or abusive behavior that might harm the system, our customers, or others. When investigating these matters, Microsoft or its agents will review Content in order to resolve the issue. This is in addition to the uses we describe in this Agreement and the Privacy Statements.

    Same as with Google – they state you are not allowed to PUBLICLY display indecent Pictures, but not that you can't store such Pictures or rude Texts or whatever on OneDrive.

    ———————

    Dropbox TOS:

    https://www.dropbox.com/terms#acceptable_use

    … publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

    Once again it's about publishing or sharing – NOT storing.

    ———————

    Apple iCloud TOS:

    https://www.apple.com/legal/internet-services/icloud/en/terms.html

    Yes, that contains the Passage you quoted. But Google's TOS is different from Apple's, so don't spread Lies – because I find it objectionable

    Apple and especially Holy Saint Steven was always very prude and averse to anything sexual. On Amazon you can buy Dildos and Erotica. Google has Erotic Apps and made Shitloads of Money from pr0n Searches.

    So you are comparing Apples with Pears …

    I know you are addicted to cheap Populism in your Posts, but some Fact Checking would do you good from Time to Time.

  14. Max Huijgen says:

    Some snippets from Microsoft's skydrive TOS:

    Prohibited Uses

    You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:

    depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.

    i*ncites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.*

    threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.

    The list goes on and on. All specification of what thou won't upload

  15. +Max Huijgen Why no Link for your Source of the Quote?

    It is from the Windows Live Page – which mentions primarily Windows Live and MSN – AND NOT OneDrive. (Skydrive is not the Name of the Product anymore. It's called OneDrive.)

    http://windows.microsoft.com/en-us/windows-live/code-of-conduct

    This Code of Conduct applies to all MSN and Windows Live and other services that allow users to post or share content with others, when those services display or link to this Code of Conduct (the 'services'). Please read the Code of Conduct and any supplemental information below for additional details about particular services that you may use.

    When I go on the Mac Appstore Page for OneDrive I get redirected to the License Agreement linked in my first Comment – and NOT to the Windows Live Code of conduct. (I am too lazy to get to my PC right now and install it there as well) …

    Therefore it does NOT link to this Code of Conduct as stated by "link to this Code of Conduct" – and it quite obviously also states "services that allow users to post or share content with others" – so again if you just shove your pr0n or Nude Selfies onto OneDrive WITHOUT Sharing you are oke.

    I can only guess that these are Leftovers from Windows Live Space – but still applies to MSN.com which has Comments for Articles.

    http://en.wikipedia.org/wiki/Windows_Live_Spaces

    http://www.msn.com

    Which had Blogs and Public Content – and that is why it is not linked / included in the General TOS that is linked for OneDrive.

  16. Note to Self: Context is everything. Just looking / googling for the Text /Argument you want can miss the Context …

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