[HN Gopher] ToS;DR
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       ToS;DR
        
       Author : ColinWright
       Score  : 248 points
       Date   : 2025-03-31 09:54 UTC (13 hours ago)
        
 (HTM) web link (tosdr.org)
 (TXT) w3m dump (tosdr.org)
        
       | serbuvlad wrote:
       | Gread idea. Odd first impression.
       | 
       | Wikipedia has 4 thumbs down 1 thumbs up and is grade B. Tor has 0
       | thumbs down 3 thumbs up and is grade C.
       | 
       | DuckDuckGo has only 1 thumbs down: "Instead of asking directly,
       | this Service will assume your consent merely from your usage."
       | and is grade B, presumably because of this. Startpage is grade A,
       | has no thumbs down, but going on startpage does not prompt me to
       | agree to anything either.
        
         | olivergregory wrote:
         | The grades are explained at the bottom of the page.
         | 
         | Regarding Startpage, It's not mandatory to show the cookie
         | banner if you don't track. Startpage doesn't track you at all,
         | so it's grade A.
         | 
         | Wikipedia has that all the bad things happen to your account
         | except for the tracking, but you can still use Wikipedia
         | without using an account. I agree that it's a B.
         | 
         | I'm not familiar enough with Tor to answer that grade.
        
           | shadowwwind wrote:
           | See https://news.ycombinator.com/item?id=43535046
        
           | danlitt wrote:
           | > The grades are explained at the bottom of the page.
           | 
           | Are they? The table at the bottom page doesn't explain
           | anything - in particular doesn't give any indication why Tor
           | might be ranked below Wikipedia (for instance). How can a
           | service with no mentioned negative qualities have a grade C?
        
         | shadowwwind wrote:
         | You only need to accept DuckDuckGo's ToS when you sign up for
         | privacy pro. What the point means is that they can change the
         | ToS and assume consent to the changes when you continue using
         | it, instead if prompting again.
         | 
         | Startpage does not have or need a ToS
        
           | Vinnl wrote:
           | (For context, shadowwwind is a contributor to tosdr.)
        
       | RecycledEle wrote:
       | The twin purposes of ToS are (1) to provide jobs for lawyers and
       | (2) to screw the customers.
       | 
       | If the ToS were understandable, neither of those would be
       | accomplished.
        
         | jalk wrote:
         | And to protect the service provider from lawsuits.
        
         | hackernewsdhsu wrote:
         | Name.com just changed their "privacy policy". I leveraged an
         | LLM to analyze the differences, and to identify which party
         | benefitted from the change.
         | 
         | Surprise, surprise ... The people get 1 change, Name.com getall
         | the rest; including making parts of it more ambiguous.
         | 
         | But it was easy to understand using the LLM analysis and it
         | took longer to read than generate.
        
           | toasteros wrote:
           | If you haven't read it yourself how do you know that the LLM
           | is correct?
        
             | tofof wrote:
             | > If you haven't read it yourself how do you know...
             | 
             | This vacuous objection can be raised against every single
             | piece of information any human has ever learned from
             | elsewhere, recursively, back to the dawn of communication,
             | regardless of the nature of the third party source of
             | information.
             | 
             | Furthermore, LLM hallucination, particularly of reviewed
             | documents, is not a problem I experience any longer with
             | the models I use. For example, my LLM setup and the query I
             | would use would cause the output to include quotes of the
             | differences, which makes ctrl+f/f3 to spot check easy.
        
         | matheusmoreira wrote:
         | Those two purposes are one and the same. The biggest reason for
         | corporations to hire lawyers is to figure out the exact amount
         | of consumer screwing they can legally get away with.
         | 
         | Whenever people come across any "terms" document, they are well
         | served by simply ignoring it entirely and assuming it contains
         | the following statements:
         | 
         | > you own nothing
         | 
         | > the company owns everything
         | 
         | > you have no rights
         | 
         | > you promise not to try and exercise any right you think you
         | have
         | 
         | > if you ever convince yourself that you actually have rights,
         | you agree to binding arbitration with the firm we pay
         | 
         | > you cannot do anything the company doesn't like
         | 
         | > the company can do literally anything it wants whether you
         | like it or not
         | 
         | > the company is not responsible for anything, ever
         | 
         | > the company makes absolutely no guarantees about literally
         | anything
         | 
         | > you agree to indemnify us in all possible circumstances
        
       | cluckindan wrote:
       | Some sites, like Facebook and YouTube are listed as being able to
       | see your browser history. It doesn't seem to be related to
       | tracking scripts, so how exactly does that work?
        
         | TobTobXX wrote:
         | When you click on edit, you can see the specific section of the
         | ToS: https://edit.tosdr.org/points/11339
         | 
         | Apparently this means that YT can acces the synced browser
         | history if you're logged into Chrome.
        
       | ColinEberhardt wrote:
       | Great idea - although the website is struggling with comment SPAM
       | https://edit.tosdr.org/points/10493
        
       | amichal wrote:
       | Does a good job of showing how completely unparsable ToS are:
       | 
       | https://tosdr.org/en/service/1448 says both:
       | 
       | "You maintain ownership of your data: This service does not claim
       | ownership over user-generated content or materials, and the user
       | * doesn't need to waive any moral rights* by posting owned
       | content."
       | 
       | and
       | 
       | "You waive your moral rights"
       | 
       | Edit: I have no energy for figuring out which of these statements
       | is more true.
        
         | Y_Y wrote:
         | I think in such a case (unless there was some context that
         | clearly showed the difference between those two statements)
         | then you as a user would benefit from _contra proferentem_.
         | This legal principle (which is explicit law in some
         | jurisdictions) says that the contract terms should be
         | interpreted in favour of the party who did not write them.
         | 
         | https://en.wikipedia.org/wiki/Contra_proferentem
        
         | actionfromafar wrote:
         | Also not a thing possible to do, depending on jurisdiction.
        
           | shadowwwind wrote:
           | True. Currently it's practice at ToS;DR to show the worst
           | version. Usually the one for the USA
        
         | dimava wrote:
         | Both is right I think
         | 
         | It's just one in coming from EU TOS[1] and another comes from
         | USA TOS[2]
         | 
         | And the website doesn't support that
         | 
         | [1] https://www.tiktok.com/legal/page/eea/terms-of-service/en
         | 
         | [2] https://www.tiktok.com/legal/page/us/terms-of-service/en
        
       | j_bum wrote:
       | I'd love to see Kagi on here
        
         | Vinnl wrote:
         | ToS;dr is a collaborative effort! Folks can contribute for Kagi
         | at https://edit.tosdr.org/services/11540/.
        
       | basedrum wrote:
       | Why does Tor Browser get grade C when it only has green thumbs
       | up?
        
         | Vinnl wrote:
         | Just checked with the team (I used to be involved), and
         | apparently the reason is that Tor's policy is too short for the
         | algorithm that turns policy annotations into a grade.
         | 
         | (This also kickstarted a discussion that maybe that warrants a
         | change to the algorithm, so maybe later more.)
        
           | garyrob wrote:
           | I propose that it should use a Baysian prior where the
           | background knowledge is assumed to be an A.
           | 
           | While it may be true that most ToS are onerous, suppose we
           | look at a ToS document as a collection of terms of service.
           | It's only the terms of service that cause a removal of rights
           | that would otherwise be assumed. The more terms there are,
           | and the more onerous each one is, the more rights can be
           | removed. But before there are any terms, no rights are
           | removed, so that situation should be an A. Diminished from
           | there, depending on how many terms there are, and each one's
           | onerousness.
        
       | woadwarrior01 wrote:
       | Tangentially related: FreeOutput[1], which summarizes the
       | copyright ownership of AI generated content from various LLM
       | providers.
       | 
       | [1]: https://news.ycombinator.com/item?id=43517585
        
       | lionkor wrote:
       | The builtin rating is absolutely horseshit, that needs to go. If
       | I want my TL;DR (summary) to contain opinions, I go read the
       | news.
       | 
       | I don't understand how a website telling me that Facebook has a
       | "Grade E" ToS is supposed to help me at all. Just give me a
       | summary, the bullet points -- you don't need to try to assign
       | each into "good/bad", and you certainly don't need to run an
       | "algorithm" to show me if it's good or bad.
       | 
       | Chances are, if it says "sells all your data", I can figure out
       | if I care about that, as a user, with freedom.
       | 
       | Maybe give me what you think (or your algorithm thinks) are the
       | most important/controversial/impactful points, but don't rate
       | them. This is akin to Wikipedia saying "Friday is the worst song
       | ever created, wow it's so bad (thumbs down emoji)".
        
       | butz wrote:
       | Wasn't there some regulation in EU, which forces service owners
       | to make ToS actually readable and understandable?
        
         | Puts wrote:
         | GDPR partly covers this since it's stated that the user must
         | get information about how personal data is used in a clear and
         | easy readable form. But I guess, there's some wiggle room how
         | to interpret that. The law actually suggest that the industry
         | could come up with symbols - like on food packaging. Your
         | website could have a bunch of standardized icons in the footer
         | to inform you how data is used, but since we don't have that it
         | seems like the industry didn't like that idea of transparency.
        
       | osm3000 wrote:
       | Why Tor is graded C, even though there are no downsides?
        
         | Vinnl wrote:
         | See the same question down this page:
         | https://news.ycombinator.com/item?id=43534479
        
       | amelius wrote:
       | We need browsers where the _user_ can specify their legal terms
       | in the response headers. Let's make this two-sided.
        
         | skybrian wrote:
         | In a negotiation, either side can walk away. If the website
         | can't refuse then it's not really a negotiation. So how would
         | that work? If you set certain headers, the website blocks you?
         | It doesn't seem like that would be a popular feature.
         | 
         | It would make more sense as filtering criteria for a search
         | engine.
        
           | amelius wrote:
           | Well, we could have organisations like the EFF compose a set
           | of consumer-friendly clauses, which the user can then choose
           | from.
           | 
           | If the website wants to block something the EFF deems a good
           | and reasonable protection for the user, then maybe they
           | should indeed block the request.
        
       | bsimpson wrote:
       | I will forever remember how my parents, who insisted we should be
       | honest in all situations, also taught us to just click the blue
       | button whenever something wants to be installed.
        
       | jameslk wrote:
       | This is more of a solved problem than not these days thanks to
       | LLMs. You can plop an agreement into an LLM chat and ask some
       | questions, which is a lot better than just checking a box because
       | you didn't have time to read it. I've been doing this myself
       | regularly with pretty good results finding things to be concerned
       | about, or not. LLMs hallucinate and aren't equipped to be
       | attorneys for us, but this is a big improvement over just having
       | to accept everything blindly.
        
       | timcobb wrote:
       | Sweet! One suggestion is to somehow normalize the requirements by
       | company type? Like, for example, PayPal gets a thumbsdown for
       | 
       | > You must provide your identifiable information
       | 
       | but that's reasonable for a company like PayPal?
        
       | piokoch wrote:
       | Wikipedia:
       | 
       | "The service may use tracking pixels, web beacons, browser
       | fingerprinting, and/or device fingerprinting on users."
       | 
       | Seriously? What for? People invest their time to provide free
       | content and as a reward they are getting behavior typical for
       | privacy invasive corpo from California?
        
       | synecdoche wrote:
       | ToS are highly unfair, because the company has had a group
       | skilled in legalese draft them over enough time as deemed needed,
       | whereas a layman is supposed to understand and base their next
       | decision on something written in a language hardly understood by
       | almost anyone.
       | 
       | For that reason ToS should be illegal unless, at least, written
       | in layman terms.
        
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       (page generated 2025-03-31 23:01 UTC)