I have never been a big fan of America On Line, but part of that comes from the ability to understand and navigate the Internet without having the clunky AOL interface to deliver content for me. From time to time, I use their Instant Messenger product to communicate in real time with friends and family, and I like it better than most of the alternatives.

Now, however, that may have to change. AOL has started heavily promoting AIM as a business tool for improving office communications as well as a replacement for professional e-mail communications. Users can upgrade to a client that supports voice conferencing and web meetings. Kevin McCullough points out a new clause in AIM's user agreement that will make its users think twice before implementing AIM for either purpose:

"You waive any right to privacy. You waive the right to inspect or approve uses of content or to be compensated for any such uses."

"In addition, by posting content on an AIM product, you grant AOL, its parent affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium."

In other words, if you discuss any aspect of your business that you need to keep to yourself -- say, human-resources issues or product development details -- AOL reserves the right to post it to the Internet. Let's use a different example. If a radio show uses AIM to discuss its guest list or content with its studio staff, any remarks made by the staff about the guests or the callers could very well end up in the hands of competing radio hosts or political opponents. Voice conferences between journalists in the field and their editors back home could wind up as MP3 files on AOL's site.

Talk about Big Brother! And you all worried about Bill Gates!

AOL will probably argue that they need this flexibility to undermine the ability of terrorists and child pornographers to utilize this technology for their own ends. If so, then AOL should limit itself and its language to illegal actions committed with their servers and technologies, and not the confiscation of all communication as fair game for their promotions department. These new terms of service should encourage everyone to dump AIM and AOL until AOL comes to its senses.

UPDATE: AOL claims it won't hijack user-to-user messaging in AIM, but it hasn't changed its rather broad TOS language to reflect that.

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