Today's Web: Use at Your Own Risk!

Illustration: John Cuneo

Devious. Sneaky. Underhanded. Those are the words that increasingly come to mind when I consider the "new Web" that's the subject of PC World's December 2007 special issue. What else would you call a world where providers unilaterally change the way their services work without even attempting to notify you, and "terms of service" and "privacy policies" are incomprehensible to anyone but the lawyers who wrote them?

I've long used Google Toolbar for Firefox to track my search history. When Google's Gmail came on the scene, I signed up. Then somewhere along the line, purely by accident, I happened to notice that when I hadn't bothered to log out of Gmail, Google's search results pages (but not the home page) included an item called "Web History." I quickly discovered that this meant Google was keeping track of my personal surfing--not just my searching.

Huh? I view that information trail as a personal matter between me and my own local browser. I don't want anybody looking over my shoulder as I surf and recording my Web travels on a server somewhere. But Google never even tried to notify me that it had started doing just this.

Apparently the company has other customers who feel the same way I do. Its Web History help page offers an entry called "I didn't sign up for Web History; why do I have it?" and instructions on how to eliminate it. The page that lets you take that step strongly suggests you first read the "Web History FAQ"--but when you click on that link, you get, instead, the "Search History FAQ," which is a very different thing.

And when you finally find the right FAQ, you see some vague, weaselly language that hints, but does not actually state, that even if you delete it, your Web browsing history may nevertheless stick around--indefinitely?--in a "separate logs system for auditing purposes..."

That's par for the course on today's ad-dominated Web. Google has separate terms of service and privacy policies, plus bonus policies for individual services. These tend to be vague and puzzling--except for the stern disclaimers by which Google basically denies responsibility for anything, as in the warning that "you use the Services at your own risk."

One-Sided Terms of Service

Among my favorites is clause 6.3 of the terms of service, which states, "If you become aware of any unauthorized use of your password or of your account, you agree to notify Google immediately," and provides the link to report it. Fair enough. But what does Google agree to do in response? Unless I misread the document...nothing!

Google isn't alone. Web providers can change their privacy policies and other terms of service at their whim. If you doubt this, check out U.S. Patent 7,269,853, "Privacy Policy Change Notification," recently awarded to Microsoft (go to www.uspto.gov, and search and navigate from there). The document describes a method of notifying users about changes and getting their acceptance. At least in this scenario, the provider asks your permission--but here a screen informs you that if you do not agree to the reworked terms, "Your account will be closed... You will no longer be able to use this e-mail address to sign in to participating sites or services... Someone else could register a new account using this e-mail address... You may lose access to any participating sites or services you now use, and to information that you provided to those sites or services."

Or to say it another way, the Web service provider holds all the cards. As Microsoft's patented permission system puts it, "To accept the revised privacy statement, click Accept."

But I bet you won't smile when you do it.