Instagram asserts the right to sell your photos

You are not the customer, you are the product.

Instagram, the photo-oriented social network which was purchased by Facebook for $700m in cash and shares last April, has revealed the new terms of service which it will be implementing from January next year, and they mark a new direction out for the company.

The passage which is getting all the attention online is the second section under the heading "Rights":

Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.

Instagram is not just taking adverts, as many predicted would happen once the Facebook acquisition was complete; it is also claiming the right to sell use of your photos to businesses to make ads with.

That's a pretty big step up from previous practice, but is similar in tone to what Facebook has been doing with their social marketing for a while now. As Nick Bergus learned, Facebook's method isn't without hitches. When he posted a jokey link to a 55-gallon barrel of "Passion"-brand lubricant, it was adopted by Facebook into an advert which was then shown to all his friends.

The problem with the Instagram extension of this concept is two-fold. Firstly, just as with the Bergus screw-up, recontextualising a picture as an advert changes what it says, frequently for the worse. But secondly, it feels like a Rubicon has been crossed if the "user-generated content" being used is undoubtedly a creative work – which even the blandest Instagram photos are – and if money changes hands without including the actual creator of that work.

In addition, of course, there's the idiot factor: People seem to forget how public Instagram is, and finding themselves included on a national poster campaign could be a nasty way to find that out.

As ever with this sort of change, there is likely to be a disconnect between the rights the ToS claim, and Instagram's actual plans. I would be surprised, for instance, if they intended to sell user images for use as generic stock photos, rather than for Instagram-specific ad campaigns. But I would also be surprised if these terms didn't give them the right to do that if they so desired.

Oh, and you can't actually reject these terms. If you're still using the service on 16 January, you are deemed to have accepted them.

It seems almost too perfect that in the same week that Instagram launches an anti-user change, Flickr – remember Flickr? – has released a new iPhone app which brings a host of Instagram-like changes to the service, including far quicker access to the camera, better Twitter integration and, yes, filters. A number of people are suggesting switching to (or back to) the service as a result.

The best thing about this switch is that it isn't just kicking the can down the road. After all, the reason Instagram included these changes is because it has to make money. The Atlantic's Alexis Madrigal makes the point:

[C]ompanies have to sell themselves because they do not have a sustainable business. And when they're sold, they either A) get shut down or B) become part of an advertising machine, like Facebook's.

Truly, the only way to get around the privacy problems inherent in advertising-supported social networks is to pay for services that we value. It's amazing what power we gain in becoming paying customers instead of the product being sold.

Flickr, by contrast, does have a paid service, and has for years. There's no guarantee it won't take the quick buck – but it has a business model which involves treating users as the customer, not the product. And that's a nice change from the norm, these days.

Instagram.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Want an independent-minded MP? Vote for a career politician

The brutally ambitious are not content to fall in with the crowd. 

“Never having had a ‘real’ job outside of politics”: this is what the majority of respondents told a YouGov poll in 2014 when asked the most undesirable characteristic of the British politician. The result is hardly surprising. Type the words “career politician” into your search engine or raise the topic at a dinner party, and quickly you will be presented with a familiar list of grievances.

One of the fundamental criticisms is that career politicians in parliament are elitists concerned only with furthering their own interests. Their pronounced and self-serving ambition for climbing the ministerial ladder is said to turn them into submissive party-machines, sycophants or yes men and women, leading them to vote loyally with their party in every parliamentary division. But do we actually have evidence for this?

A new in-depth analysis, to be published later this month in the academic journal, Legislative Studies Quarterly, presents a forceful challenge to this conventional wisdom. In fact, I find that career politician MPs in the UK are more likely to rebel against their party than their non-career politician peers. Why?

My study was motivated by the observation that the existing impression of the party loyalty of career politicians is based mostly on anecdotal evidence and speculation. Moreover, a look through the relevant journalistic work, as well as the sparse extant academic literature, reveals that the two main hypotheses on the topic make starkly contradictory claims. By far the most popular — but largely unverified — view is that their exclusively professional reliance on politics renders career politicians more brutally ambitious for frontbench office, which in turn makes them especially subservient to the party leadership.

The opposing, but lesser known expectation is that while career politicians may be particularly eager to reach the frontbenches, “many of them are also much too proud and wilful to be content to serve as mere lobby fodder”, as the late Anthony King, one of the shrewdest analysts of British politics, observed nearly thirty years ago on the basis of more qualitative evidence.

Faced with these opposing but equally plausible prognoses, I assembled biographical data for all the MPs of the three big parties between 2005-15 (more than 850) and analysed all parliamentary votes during this period. I followed the debate’s prevalent view that an exclusive focus on politics (e.g. as a special adviser or an MP’s assistant) or a closely-related field (e.g. full-time trade union official or interest group worker) marks an MP as a careerist. In line with previous estimations, just under 20 per cent of MPs were identified as career politicians. The extensive statistical analysis accounted for additional factors that may influence party loyalty, and largely ruled out systematic differences in ideology between career and non-career politicians, as well as party or term-specific differences as drivers of the effects.

As noted above, I find strong evidence that career politician backbenchers are more likely to rebel. The strength of this effect is considerable. For example, amongst government backbenchers who have never held a ministerial post, a non-career politician is estimated to rebel in only about 20 votes per parliament. By contrast, a career politician dissents more than twice as often — a substantial difference considering the high party unity in Westminster.

This finding reveals a striking paradox between the predominantly negative opinion of career politicians on the one hand, and the electorate's growing demand for more independent-minded MPs on the other. In fact career politicians are the ones who perform best in delivering on this demand. Similarly, the results imply that the oft-cited career-related dependency of career politicians on the party can be overridden (or, at the very least, complemented) by their self-image as active and independent-minded participants in the legislative process. This should attenuate the prevalent concern that a rise in career politicians leads to a weakening of parliament’s role as a scrutinizing body.

Finally, the findings challenge the pervasive argument that a lack of experience in the real world disqualifies an MP from contributing meaningfully to the legislative process. Instead, it appears that a pre-parliamentary focus on politics can, under certain circumstances, boost an MP's normatively desirable willingness to challenge the party and the executive.

Raphael Heuwieser is researching political party loyalty at the University of Oxford.