In the wake of the passage of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex-Trafficking Act (SESTA), which hold online platforms responsible for users’ speech, illegally shared content, and anything that might be construed as trafficking, Microsoft has updated their terms of service to include language which has raised alarm for many.
Microsoft has banned offensive language, nudity, graphic violence, and pornography, not just from their Xbox Live network, but also from Skype and Office online, meaning in theory phone sex over Skype could now cost you your Microsoft account and life.
Specifically, the new agreement states:
Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
On complaint Microsoft also reserves the right to rifle through your documents and other digital content, saying:
“When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue.”
If found guilty of a violation Microsoft reserves the right to suspend your account and hang on to any balances in Microsoft credit, writing:
We’ve also clarified that violation of the Code of Conduct through Xbox Services may result in suspensions or bans from participation in Xbox Services, including forfeiture of content licenses, Xbox Gold Membership time, and Microsoft account balances associated with the account.
Microsoft may also refuse to deliver the service you may be paying for, saying:
Microsoft “may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason.”
To be fair, Microsoft says they will not specifically be going out looking for violations, saying:
“However, we cannot monitor the entire Services and make no attempt to do so.”
It is of course not true that Microsoft can not monitor their whole service since constant advances in artificial intelligence mean that monitoring millions of users is becoming increasingly easy. The main issue is, of course, the violation of the trust of users who did not ask for such a level of monitoring. With Microsoft’s valuation increasingly dependent on the adoption of the cloud services, the company can not afford the efflux of users that would result from a mass suspension of people engaging in otherwise completely legal behavior.
Microsoft’s updated terms of service
can be read here.
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