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AT&T ToS Controversy Erupts on Slashdot
October 9, 2007

Users on Slashdot, the popular tech hangout, are knocking AT&T over the company’s updated ToS (Terms of Service). 

The ToS – which AT&T describes as the “legal agreement between you and the AT&T company providing your Internet Access” - appears to give the telecom giant wide latitude in booting customers critical of the company. 

AT&T may immediately terminate or suspend all or a portion of your Service, any Member ID, electronic mail address, IP address, Universal Resource Locator or domain name used by you, without notice, for conduct that AT&T believes…..(c) tends to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries.  [underline mine]

An AT&T spokesperson told Ars Technica they respect subscribers’ rights but they also tried to reframe the debate by wrapping themselves in the flag of child protection.  (see below for the full quote.)

Similar but stronger language showed up in AT&T's AUP (acceptable use policy).

Failure to observe the guidelines set forth in this AUP may result in AT&T taking actions anywhere from a warning to a suspension of privileges or termination of your Service(s). When feasible, AT&T may provide you with notice of an AUP violation, via Email or otherwise, and demand that such violation be immediately corrected. AT&T reserves the right, however, to act immediately and without notice to suspend or terminate Service(s) in response to a court order or other legal requirement that certain conduct be stopped or when AT&T determines, in its sole discretion, that the conduct may (1) expose AT&T to sanctions, prosecution or civil action,,,,,(4) damage or disparage the reputation of AT&T or its Service(s),…..  [underline mine]

The ToS kerfluffle erupted on Slashdot after a user named marco13185 posted a warning.   Ars Technica ran with the story and the news hop-skipped across the blogsphere.

Subsequently, Ars Technica posted this comment along with an AT&T statement:

“Interpretation of this section of the ToS has been practically unanimous online: it gives AT&T the power to punish customers that dare criticize the company.

However, an AT&T spokesperson tells Ars Technica that the company has no interest in engaging in censorship but stopped short of saying that AT&T could not in fact exercise its ability to do so.

AT&T respects its subscribers' rights to voice their opinions and concerns over any matter they wish.  However, we retain the right to disassociate ourselves from web sites and messages explicitly advocating violence, or any message that poses a threat to children (e.g. child pornography or exploitation)," the spokesperson told Ars Technica. "We do not terminate customer service solely because a customer speaks negatively about AT&T."

AT&T’s response was chum to the Slashdot boys, a fiercely smart take–no-prisoners bunch.

It’s hard to imagine that AT&T would suspend an account for criticism of the company.  It would be a PR nightmare.  However, from reading the language, the company appears to have assumed that right. 

UPDATE:  just a few hours ago, Ars Technica announced that AT&T has relented and will rewrite their ToS.  "Criticism of AT&T's vague and potentially nasty Terms of Service (ToS) have led the company to reformulate its legal language to address concerns raised by customers, an AT&T spokesman told Ars Technica this evening."

Maybe they'll rewrite that  AUP language as well....

Posted by Mary McNamara on October 9, 2007 | Comments (0)