An Anonymous Coward writes:
Is it just me or have ISP (Internet Service Provider) terms and conditions gotten a lot more one-sided about what you can't do and what they can do?
I was considering switching to the new Vodafone Connect broadband and phone service as there are some nice discounts for existing Vodafone customers (and I've had enough of BT's high prices for FTTC) but reading through the text of their Acceptable Use Policy (AUP) has caused me to think again. I'm sure a lot of the text in the agreement is fairly standard, and to be honest it's been a while since I switched providers, but some of these terms seem rather overreaching. For example:
2.7. You must not use the Vodafone Connect Services to access, download, send, receive, store, distribute, transmit, upload or in any way deal with material or data that we deem:
i. to be offensive, threatening, defamatory, racist, abusive, harassing, invasive of privacy, obscene, harmful, indecent or menacing;
Those words cover one hell of a lot of territory... sorry, did you deem my use of the "H" word offensive? What if I'm in a private chat with a friend and he calls me a "####" so I tell him to "#### off"? Use your imagination, we could be covering offensive, abusive, obscene and indecent right there (if not more).
Further on there's a section titled "Actions we may take" (where "we" is Vodafone) and this one really got my attention:
[More after the break...]
4.1. We may, at our sole discretion, run manual or automatic systems and monitoring in order to ensure that you remain compliant with the terms of this AUP at all times (for example we may scan for open mail relays, or open proxy servers). By accessing the internet via our Vodafone Connect Services you are deemed to have granted us permission to access and monitor your computer systems and networks.
So just by using their service I've given permission for them to access and monitor all my systems and networks! Well, given that they bought Cable & Wireless they do have a history of working closely within the surveillance system. Funny though, that they deem it acceptable to "access and monitor" my systems when earlier in the AUP it states:
2.11. Without the explicit permission of the relevant operators you may not run "scanning" software which accesses remote machines, networks or other computer systems.
Of course, they've got the usual "we can change this document at any time without explicitly telling you, and continuing use of the service means you agreed to any new conditions we've set" (See section 1.3) and finally you better not ever get a virus (goodbye Windows users):
2.13.You must ensure that your computer systems and network are not configured in such a way that others are able to exploit them in order to disrupt the internet or any other third party network. This includes but is not limited to ensuring that your network cannot be exploited as an open mail relay, open proxy server, or as a component of a wider network used in denial, or distributed denial of service attacks by third parties.
You've missed the point entirely. The examples you cite are all violations of existing laws, or close enough to violations that an easy argument could be made in a court of law. Vodafone's AUP covers a range of behaviors that, aside from potentially being libelous or being a secondary indication of potential law violation (while not being primary evidence of said violation), are all examples of free speech. The AUP borders on "social justice warriorism".
The sentiment of the AUP smacks of someone who has seen far too much of the raw stream of sewage that is the Internet, and then decides to take the law into their own hands, in some misguided attempt to skirt potential liability. Those who misguidedly purchase services from Vodafone with this AUP deserve neither liberty nor security.