On September 10, Twitter updated their Terms of Service. Up until this point, Twitter’s TOS was relatively harmless compared to other social media sites like Facebook and YouTube. According to their blog, they said the changes were minor and implied that everything is okay. However, there is new language that might make it difficult for public entities to continue using their service. There have been talks about negotiating a TOS that all State agencies can use, similar to what GAO negotiated for all federal agencies.
Here are three excerpts that many public entities might find difficult to accept:
“You may use the Services only if you can form a binding contract with Twitter and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction”
– Many public entities cannot enter an agreement via clickthrough
“The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information…In consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.”
– Many public entities do not allow advertisements
“These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.”
Jurisdiction; many public entities will definitely reject this term
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