Tag: Legal

The new WhatsApp Terms and Conditions of Use

Let’s start with this passage from the article in The Register referred to below where the founder of WhatsApp talks about his reasons for creating WhatsApp …

“When WhatsApp was acquired by Facebook in 2014, it promised netizens that its instant-messaging app would not collect names, addresses, internet searches, or location data. CEO Jan Koum wrote in a blog post: “Above all else, I want to make sure you understand how deeply I value the principle of private communication. For me, this is very personal. I was born in Ukraine, and grew up in the USSR during the 1980s

One of my strongest memories from that time is a phrase I’d frequently hear when my mother was talking on the phone: ‘This is not a phone conversation; I’ll tell you in person.’ The fact that we couldn’t speak freely without the fear that our communications would be monitored by KGB is in part why we moved to the United States when I was a teenager.”

Two years later, however, that vow was eroded by, well, capitalism, and WhatsApp revealed it would be “coordinating more with Facebook,” and gave people the opportunity to opt out of any data sharing. This time around, there is no opt-out for the sharing of data with Facebook and its tentacles. Koum left in 2018.”

So this all started 4 years ago, when WhatsApp announced a change to their Terms and Conditions (Ts&Cs) – the first change in many years, and the first since being taken over by Facebook. It was possible to opt out of this change which was announced as only to “improve the experience of Facebook users” (that’s kind of them – do I believe that?).

I don’t know whether I chose to opt out, I suspect I did, but I have no way of knowing!!! Whatever … I only had 30-days to opt out then, and I can’t go back and opt-out now.

I was alerted to the current impending change on February 8th, which is a take it, or leave it choice by this article in a well respected techie (UK-based) blog – The Register. It’s subsequently been updated, and may be updated again I suspect as more information is squeezed out of Facebook.

Before Christmas in a meeting of the Cardiff U3A Computer Group, I referred to the repatriation of UK-data to the US as a consequence of Brexit. So far Facebook and Google (and there could be more) have announced their attention to do just that, and others will undoubtedly follow. Free from Europe, our government has said we will follow GDPR (it had very little option), but the US tech companies see the wisdom of not having a European base for their (our) data and are hopeful of less stringent Federal privacy restrictions under a new Democratic Party controlled Senate committed to introducing legislation.

Once out of the European protection, we in Britain could in the course of time, and after the repatriation of Facebook data to California (read the article above), be deemed not to be part of the European area and so the protection offered by WhatsApp/Facebook suggested in this article in “The i“, would cease to apply. So the short-term acceptance of these Ts&Cs thinking they don’t apply to us, might be scuppered should the data-hosting move to the US.

No certainties, just doubts and that’s where mistrust comes in.

As of today, I’m at a loss to know what to advise or do. I’m hopeful of further clarification in the days to come, but I’ll leave acceptance of the new Ts&Cs to the last few days before February 8th.

Your comments and thoughts most welcome.

Why do I dislike Facebook (Fb)?

I was challenged with this question last Thursday when I told my family about the intended changes to the WhatsApp Terms and Conditions of Use. I didn’t reply to my IT-savvy son until this morning when I was first asked to agree to these new Ts&Cs. This is what I wrote …

“It starts with trust, and then you work away from that. It’s what a company does with information and whether you can then trust them to handle it properly. Google+ was a closed system that you opened up; Fb is an open system that even though it has Privacy Controls – which you need a degree to work out how to set them – essentially allows them to do anything with what appears on their platform.

You take a photo – you don’t retain copyright, you assign that right to them when you publish to the platform  – you lose some control over what is done with the photo. You can’t opt out of adverts (understandably – that’s how they make there money) – you are conned into thinking that in allowing them, you will get a better experience.

For whom? For you – no, they’re just an annoyance to me, but for others they just drive people to buy stuff they might not want/need. For them – yes, that’s how they drive income and more.

So it’s the more that’s more interesting and insidious because what they do with that information leads to targeting people with posts, hence my reference to Brexit and Trump. [I had said in my brief first reply – Cambridge Analytica, Brext and Trump.] The algorithms behind the scenes work the data and susceptible people get targeted with posts as well, not just adverts. I could go on, but as I said – it’s all about Trust, and Fb as a company is one that I just don’t trust.

Getting data from WhatsApp was something they committed at take-over they wouldn’t do. Now they are starting to do just that. Next step targeted adverts on a platform which is advert free; then “posts from others you might be interested in” – not the encrypted ones, but ones from Public Figures. Then “oh! dear” we have to drop encryption because of new privacy laws in the US. [Aside: is it a coincidence that Google, Twitter and Fb appear to be more privacy focussed since the Republicans lost control of the Senate and they just might want to be on the right side of the argument that’s going to come in the US in the next four years ].

So I always logout of Fb to stop them tracking me; I suspect that WhatsApp will have a mechanism that prevents a user from being disconnected so Fb with these new Ts&Cs will be tracking as well as getting the other personal info from users.

Please feel free to comment either on the post.