By

Chenda Ngak /

CBS News/ December 18, 2012, 10:41 AM

Should you be concerned about Instagram's new privacy policy?

"CBS This Morning's" profile page on Instagram.com.

"CBS This Morning's" profile page on Instagram.com. / Instagram/CBSThisMorning

If you're wondering whether you should be concerned about Instagram's new privacy policy and terms of use, the answer is: maybe.

Instagram, the popular photo-sharing mobile app, announced Monday changes to its privacy policy and terms of use. The new policies are slated to start on Jan. 16, 2013, but users are already raising concerns.

Language included in Instagram's new terms of use suggests that the company may accept payment in exchange for the use of a person's username, likeness, photos and other data for sponsored content or promotions.

"It's asking people to agree to unspecified future commercial use of their photos," Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, told CNET. "That makes it challenging for someone to give informed consent to that deal."

Instagram's new terms of use says:

"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."

However, Instagram and its parent company Facebook could face state privacy laws, The New York Times reports.

Another change to Instagram's terms of use suggests that the company does necessarily not have to identify ads or sponsored content in its feed.

"You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such."

CNET points out that the language may conflict with the Federal Trade Commission's guidelines that requires advertisements be listed as such.

Instagram did not comment on specifics regarding its plans for advertising, but did release this statement to CBS News:

"As we've said in the past, we are continuing to evaluate when, how, and in what form advertising inside Instagram plays a role in creating value for users and brands alike."

According to the Times, the new terms will apply to photos posted after Jan. 16, 2013. Users who are not comfortable with Instagram's new privacy policy can just stop using the service.

© 2012 CBS Interactive Inc. All Rights Reserved.
21 Comments Add a Comment
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MattCurry says:
Check out these amusing responses to Instagram's Privacy changes: http://why-seo.info/11-most-interesting-responses-to-instagram/
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Daid132 says:
If you have no knowledge of the Copyright Laws (which you should have)....I suppose ignorance is bliss.
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beebee890 says:
yes i want to be on side of bus i want to be in lights
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Zaneass says:
What a disgusting amount of ignorance in this post.

http://www.theverge.com/2012/12/18/3780158/instagrams-new-terms-of-service-what-they-really-mean

Read it from someone who knows what they are talking about. Damn I hate the Internet's inability to READ.
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DanG1974 says:
I just removed my account..
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Zaneass replies:
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http://www.theverge.com/2012/12/18/3780158/instagrams-new-terms-of-service-what-they-really-mean

Read.
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micmac666 says:
Boycott.
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Zaneass replies:
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http://www.theverge.com/2012/12/18/3780158/instagrams-new-terms-of-service-what-they-really-mean
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BWB2020 says:
Part of my living as a musician, producer and artist, comes from endorsements.

Should any online entity claim a product endorsement from me without a written and signed agreement to do so, such entities will indeed make me a very rich person, via my lawyers.
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bobnjersey says:
[suggests that the company may accept payment to in exchange for the use of a person's username, likeness, photos and other data for sponsored content or promotions]
---------------------------------------------------
an old television ad campaign for 'fram' oil filters used to use the tagline 'you can pay me now ... or you can pay me later'.

people who don't pay for downloadable apps for their wireless devices should realize that those creating those apps aren't getting any compensation if it's free ... and the creator's only path to a viable and sustainable revenue model is likely via advertising in some form.

so ... if you're not paying now ... when you download ... you'll be paying later ... via some advertising structure.
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bobnjersey says:
["As we've said in the past, we are continuing to evaluate when, how, and in what form advertising inside Instagram plays a role in creating value for users and brands alike."]
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the 'created value' is for instagram ... cha ching.
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hypnotoad72 says:
People accepted this sort of thing for facebook and other venues, so why are people crying now?

It's just capitalism, and people have chosen it in their populist mindset. So why do they cry?
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roxtar13 replies:
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on facebook and anyother they have to ask you before they use the pic. the new policy on instagram says they will use it without asking you first. if they see a photo on instagram someone wants to use they just buy it. on facebook they have to contact you and say hey this company likes this photo may we use it. also they are saying on insta even if you are private they will still use your stuff
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