Twitter updates privacy policy to allow third-party AI models to be trained with user data, unclear if users can opt out

On Wednesday, October 16, 2024, X announced an update to

https://privacy.x.com/en/blog/2024/updates-tos-privacy-policy

Elon Musk's X is changing its privacy policy to allow third parties to train AI on your posts | TechCrunch
https://techcrunch.com/2024/10/17/elon-musks-x-is-changing-its-privacy-policy-to-allow-third-parties-to-train-ai-on-your-posts/

X's updated privacy policy will take effect on November 15, 2024. In addition to 'clarifications on AI and machine learning,' X also revealed 'changes in governing law and venue,' and 'updates to reflect how our products and services work.' X also stated that if you continue to use X's products or services after November 15, 2024, you will be deemed to have agreed to the updated terms of use and privacy policy.

In its new privacy policy, X states that it has 'added language to its privacy policy to clarify how the information you share with us may be used to train generative or other artificial intelligence models.'

Looking at X's privacy policy , the following wording has been added to '3. Information Sharing' for the version that will come into effect on or after November 15, 2024:

Third Party Collaborators: Subject to your settings or if you have shared your data, we may share or disclose your information with third parties. If you do not opt out, the recipients of the information may use the information for their own independent purposes, in addition to the purposes described in X's Privacy Policy, such as for training artificial intelligence models, whether generative or other types.

X has stated that it uses the data shared by users for xAI's chatbot 'Grok'. However, the privacy policy states that the data may be used by 'third-party collaborators', not just xAI, but also for training other companies' AI. Social Media Today, which covers social media news, states, 'X will effectively be able to resell user data to third-party AI developers, potentially creating a new revenue stream.'

At the time of writing, it is unclear whether an 'opt-out feature' will be added that allows users to refuse to use their data for AI training, etc., but TechCrunch, an IT news site, points out that the opt-out feature may be added to X's settings after November 15, 2024, focusing on the part 'according to your settings or if you share your data.'

Furthermore, the 'User Rights and Grant of Rights to Content' section of the Terms of Service, which will come into effect on or after November 15, 2024, states the following:

By submitting, posting or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, upload, download and distribute such content for any purpose, in any media or distribution methods now known or hereafter developed. For clarity, these rights include, for example, curation, conversion and translation. With this license, you authorize us and other users to make your posts available worldwide. You agree that this license also includes the right for us to (i) analyze the text and other information you provide and otherwise provide, promote and improve the Services (including for use in training our machine learning and artificial intelligence models, whether generative or otherwise), and (ii) make the content submitted to or through the Services available to other companies, organizations or individuals (including, for example, to improve the Services, and to syndicate, broadcast, distribute, repost, promote and publish the content in other media or services), subject to our Content Terms of Use. With respect to any Content that you submit, post, transmit or otherwise make available via the Service, we or any other company, organization or individual may make additional uses of such Content as described above, without compensating you (and you agree that your use of the Service is sufficient consideration for the Content and the grant of rights in and to the Content).

In other words, by agreeing to the terms of service, users are giving X a license to use the content they post to train AI. However, the privacy policy and terms of use will not go into effect until November 15, 2024, so they may still be subject to change, according to Engadget , an IT news site.

In addition, the Terms of Service, which will come into effect on November 15, 2024, state that 'For any request for, viewing or access to, or other content that exceeds one million posts (including reply posts, video posts, image posts or other posts) within a 24-hour period, you agree to be liable for liquidated damages of $15,000 per million posts.'

TechCrunch points out that 'the law stipulates that organizations that scrape content on X will be liable for damages.' X's owner, Musk, has long been opposed to web scraping, and the explicit provision of this liability is also intended to eliminate web scraping.