Beware Strangers Bearing Gifts: Safety Scams
by Glenn Caleval
Concerned parents are an ideal target for the unscrupulous. Even when it’s not a “scam” in the legal sense, there are highly unethical “free” offers out there that you need to be very careful with. Please, please, do read the “Terms & Conditions” and “Disclaimers” and any similar link that may hold surprises in the offer.
Here are some examples.
There is a site called “Buddy Browser.” It is promoted on numerous web “safety” sites. Here’s a paragraph from their Terms & Conditions:
“By submitting a posting anywhere in Buddy Browser or Via Buddy Messenger or sending an email Via Tell-A-Friend program, you authorize Buddy Browser to use, and authorize others to use, such Postings in whole or in part, throughout the universe in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Buddy Browser permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. You hereby authorize Buddy Browser to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing…”
Take a good look at what rights you are giving them merely by using their “free” service. If your child or you send an e-mail from their service the contents of that e-mail is theirs to use any way they like forever. We’re talking about the contents of e-mail not a publicly posted message. But keep going.
You are also giving them the right to use any way they want any photos of your child or your family for ever. Take particular note of the fact that you grant this use right “as part of any other material of any kind or nature.”
This literally means they could insert your child’s photograph into a pornographic array and as long as the child wasn’t nude (which would not be against the license but would be a criminal offense in most jurisdictions) you have already given them the right to do so. If they do it from a jurisdiction that has lax child pornography laws, unpleasant images of your child could be posted to the web or sold to deviants. Without worrying about any sanctions whatever, they can use your child’s image to sell adult diapers or as part of a South Park episode.
Also take note of how they expand the sweep of this absolute and unlimited right. You not only grant them these rights but the unknown group “others.”
The ambiguity of the grant of rights to “others” leaves you entirely open. Could any random person come across your images, voice, even your name for heaven’s sake, and make whatever use of it they want, so long as they found it through Buddy Browser?
Why do they need unlimited rights to use your name forever? Why do they need you to grant others the unlimited right to use your name? Your photos or your children’s photos?
The fact that they demand these rights forever and everywhere means that years later your action in using this service could still be sending out ripples that affect your adult child’s life.
What is particularly disturbing about this overreaching and offensive grab of your rights is the source. We believe that Buddy Browser is owned by Nickelodeon, the television network. What’s more, if you read Buddy Browser’s Privacy Policy it flies in the face of the Terms & Conditions. The clincher of course is that it is merely a “policy” while your grant of rights is a legal act.
Many parents can be a bit naive when it comes to these things. They can believe — particularly when they are told — that these rights are necessary for promotions or to facilitate contests or to to deliver search results from your content to others.
Two points: First, if they are able to identify why they need rights, then they should spell them out and limit your grant to those specific needs.
If they cannot identify why they need rights then they should not be demanding them as a condition of service.
Second, the search results argument is bogus. Yahoo!, Google and others all deliver search results without any grant of rights other than the principle of fair use. (Google DOES scan the contents of your e-mail messages if you use their “free” GMail service and Google DOES present a real threat to your privacy and the privacy of your children.) ANY search engine can limit the rights you grant them to the explicit purpose of delivering search results.
So is it fair to call this a safety scam? You be the judge. But just be sure you know what you are giving away — forever — before you download something or use a site.
How careful do you have to be? In the case of “Buddy Browser” many parents won’t ever know they have granted these rights. How does one find out?
At the very bottom of the home page, in small type is the following disclaimer:
“Read our Terms of Use. By Clicking to download or Install Buddy Browser, you agree to these terms.”
Would you have noticed that disclaimer and clicked through to discover the extraordinary price you were about to pay for a free service?
Nickelodeon may protest that they would never misuse your name, photos, e-mail, and other content. They may well be sincere about it. The fact remains that they are causing parents to give them such sweeping rights that nothing prevents misuse from occurring. If you are a representative of Nickelodeon or Buddy Browser, we’d be happy to hear and publish your side of the story.
There are some great things available for free, including some excellent free software that you will find listed on this site. But be careful, particularly about free services.
What’s their business model, how do they pay their bills? Is what they want prominently displayed or is it hidden in the small print? What are they getting out of you? Be skeptical.
We also would strongly encourage you to let us know about sites that are scams or just plain bad; and those that offer genuine free services to parents.
To post your own views about scams directed at kids, ask questions or just share a story about internet parenting in general, join the discussion here.
