Instagram backs down, won't use photos in adverts

Despite legal language used, "we do not have plans for this" says Kevin Systrom.

Instagram has published a blog post, Thank you, and we're listening, where it lays out its response to the fear and confusion surrounding its recent changed terms of service.

Kevin Systrom, the co-founder of the company, writes:

The language we proposed also raised question about whether your photos can be part of an advertisement. We do not have plans for anything like this and because of that we’re going to remove the language that raised the question.

As some have pointed out, while the full explanation does clarify a lot about the ToS – like the fact that ownership was always retained exclusively by the photographer – the paragraph above is slightly mealy-mouthed. The reason why the language "raised questions" about whether your photos can be part of an advertisement is because it explicitly said that your photos can be part of an advertisement. It may well be the case that Instagram never planned to do this, but they certainly wrote a legal document which gave them the power to do it if they wanted to. 

The company will be hoping it has reacted fast enough to stem the flow of users exiting the service, which included high-profile accounts like the National Geographic magazine:

And Wired's Mat Honan, who deleted his account before writing that:

The issue is about more than using photos of my baby daughter, or deceased grandmother, in ads. The greater concern should be that the company would forge ahead with such a plan without offering any other option to the very users and data that built it.

As the Atlantic's Alexis Madrigal says, whether or not Instagram had plans to advertise this way, someone will. "Instagram is providing a peek into the future of advertising," he writes. "Let's see if you like it."

Instagram's ToS

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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Nobody's bargaining chips: How EU citizens are fighting back against Theresa May

Immigration could spike after Brexit, the Home Affairs select committee warned. 

In early July, EU citizens living in Scotland received some post from the First Minister, Nicola Sturgeon. The letters stated: “The immediate status of EU nationals living in Scotland has not changed and you retain all the same rights to live and to work here. I believe those rights for the longer term should be guaranteed immediately.”

The letters were appreciated. One Polish woman living on a remote Scottish island posted on social media: “Scottish Government got me all emotional yesterday.”

In reality, though, Sturgeon does not have the power to let EU citizens stay. That rests with the UK Government. The new prime minister, Theresa May, stood out during the Tory leadership contest for her refusal to guarantee the rights of EU citizens. Instead, she told Robert Peston: “As part of the [Brexit] negotiation we will need to look at this question of people who are here in the UK from the EU.”

As Home secretary in an EU member state, May took a hard line on immigration.  As PM in Brexit Britain, she has more powers than ever. 

In theory, this kind of posturing could work. A steely May can use the spectre of mass deportations to force a hostile Spain and France to guarantee the rights of British expat retirees. Perhaps she can also batter in the now-locked door to the single market. 

But the attempt to use EU citizens as bargaining chips may backfire. The Home Affairs select committee warned that continued policy vagueness could lead to a surge in immigration – the last thing May wants. EU citizens, after all, are aware of how British immigration policy works and understand that it's easier to turn someone back at the border than deport them when they've set up roots.

The report noted: “Past experience has shown that previous attempts to tighten immigration rules have led to a spike in immigration prior to the rules coming into force.”

It recommended that if the Government wants to avoid a surge in applications, it must choose an effective cut-off date for the old rules, whether that is 23 June, the date Article 50 is triggered, or the date the UK finally leaves the EU.

Meanwhile, EU citizens, many of whom have spent decades in the UK, are pursuing tactics of their own. UK immigration forms are busy with chatter of UK-based EU citizens urging one another to "get your DCPR" - document certifying permanent residence - and other paperwork to protect their status. More than 1,000 have joined a Facebook group to discuss the impact of the referendum, with hot topics including dual nationality and petitions for a faster naturalisation process. British citizens with foreign spouses are trying to make the most of the "Surinder Singh" loophole, which allows foreign spouses to bypass usual immigration procedures if their British partner is based in another EU country. 

Jakub, a classical musician originally from Poland, is already thinking of how he can stay in the UK, where there are job opportunities for musicians. 

But he worries that although he has spent half a decade in the UK, a brief spell two years ago back in Poland may jeopardise his situation.“I feel a new fear,” he said. “I am not sure what will happen next.”