[LINK] ACMA Website Survey, Privacy & Google

[Roger Clarke]

At 11:54 +1000 13/4/11, Stephen Edgar wrote:
>I just visited http://acma.gov.au to report a company for 
>unsolicited spamming and noticed a link to 'Complete our website 
>redesign survey' ...
>And the site we are taken to is... drumroll... Google spread sheets!
>https://spreadsheets.google.com/viewform?formkey=dGx3SWVlbzRDLUJjdlBfQk9QeUdaLXc6MA
>  ... Our privacy policy is here: http://bit.ly/acmaprivacy

I'm in the middle of a study of ISPs' Terms of Service, with 
particular reference to the scope for service-providers to exploit 
users' data.

Even if ACMA provided some specific undertakings (which it doesn't, 
because the link leads to a [sub-]standard general statement), those 
undertakings wouldn't bind Google.  It's Google's Terms that matter.

I went to:
http://spreadsheets.google.com/
which flicked me to:
https://www.google.com/accounts/ServiceLogin?service=writely&passive=1209600&continue=http://docs.google.com/&followup=http://docs.google.com/&ltmpl=homepage

At the bottom is 'Terms', which points to:
http://www.google.com/google-d-s/intl/en/terms.html
which points to 5 pages, of which 'Terms of Service' points to:
http://www.google.com/accounts/TOS?hl=en

The extract below shows that anyone who types into a Google Docs 
spreadsheet grants Google a "a perpetual, irrevocable, worldwide, 
royalty-free" right to "reproduce, adapt, modify, translate, publish, 
publicly perform, publicly display and distribute" anything that they 
type in.

There is a nominal limitation, phrased as "for the sole purpose of 
enabling Google to display, distribute and promote the Services". 
But on careful examination that gives them free rein, because 
prettymuch anything that they might look to do with your data can be 
justified by those words.  For example, it doesn't say 'for the 
purposes of providing the service to you', i.e. they can use your 
content to promote the services to other people.

Moreover, the nominal limitation appears to be over-ridden by an even 
more open expression that applies to disclosures to other parties. 
You grant Google to "make such Content available to other companies, 
organizations or individuals with whom Google has relationships for 
the provision of syndicated services, and to use such Content in 
connection with the provision of those services".

The terms 'relationships', 'syndicated services' and 'provision' 
create enough scope that prettymuch any disclosure could be justified.


The tentative conclusions in my working paper are that "[Google] 
gives [itself] very substantial rights to use private and restricted 
data, and asserts unilateral power to change the Terms, without 
notice and with immediate effect, and has no obligation to delete 
data":
http://www.rogerclarke.com/EC/IU-SPE-1012.html#Res
http://www.rogerclarke.com/EC/IU-SPE-A2-Google.html#Docs


Extract on 13 April 2011, from http://www.google.com/accounts/TOS?hl=en:

11. Content license from you

11.1 You retain copyright and any other rights you already hold in 
Content which you submit, post or display on or through, the 
Services. By submitting, posting or displaying the content you give 
Google a perpetual, irrevocable, worldwide, royalty-free, and 
non-exclusive license to reproduce, adapt, modify, translate, 
publish, publicly perform, publicly display and distribute any 
Content which you submit, post or display on or through, the 
Services. This license is for the sole purpose of enabling Google to 
display, distribute and promote the Services and may be revoked for 
certain Services as defined in the Additional Terms of those Services.

11.2 You agree that this license includes a right for Google to make 
such Content available to other companies, organizations or 
individuals with whom Google has relationships for the provision of 
syndicated services, and to use such Content in connection with the 
provision of those services.


-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University