USENET access isn't the only "new shenanigans." There's been quite a lot of concern about their instant messaging (AIM) service recently.

Ziff Davis (Jim Louderback) says "We got a copy of AOL's new license policy, and were shocked to see that it gave AOL ownership over all AIM conversations. If true, it meant that even confidential IM discussions could possibly be flagged and publicized by CNN or any other Time Warner division."

An eWeek article at AOL: AIM Conversations Are Safe provides additional:

"America Online Inc. on Sunday moved to quell public criticism of the terms of service for its AIM service, insisting the controversial privacy clause does not pertain to user-to-user instant messaging communication.

"A section of the controversial clause, which was first flagged by Weblogs and discussion forums, reads:

"Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content.

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

"according to the AIM terms of service.

"America Online spokesman Andrew Weinstein … maintained that AOL does not monitor, read or review any user-to-user communication through the AIM network, except in response to a valid legal process.

"Weinstein told eWEEK.com the clause in question falls under the heading "Content You Post," meaning it only relates to content a user posts in a public area of the AIM service. "If a user posts content in a public area of the service, like a chat room, message board or other public forum, that information may be used by AOL for other purposes," he explained.

"Rob Hyndman, a technology lawyer based in Ontario, pointed out that the terms of service covers the entire AIM product and does not explicitly exclude instant messaging.

"I think the AOLs of the world don't take the impact their TOS [terms of service] have on users seriously enough, generally because they have market power and the customer doesn't," Hyndman told eWEEK.com, arguing that the AIM terms of service appears all-encompassing.

"To be fair to them, I think the errors are innocent, and more the result of sloppy drafting and a reflexively heavy-handed approach to drafting TOS," he said."

The bottom line is that they want you to agree that they "own" anything that goes through their service and can use your personal messages for any purpose they or their affiliates choose. It says that in the "contract." But they say "trust us" and you're supposed to be happy.

John