Related work

During our research, we have found a growing number of other projects with similar goals. In 2012 we co-founded the OpenNotice group in order to bring all of these projects together.

OpenNotice logo

Most projects focus on privacy, while CommonTerms tries to address accessibility of all kinds of terms and conditions online.

This page is divided in four sections, based on the primary means of making agreements more accessible:

Icons and graphics

Privacy Icons

http://www.azarask.in/blog/post/privacy-icons/

Started by Aza Raskin while he was working for Mozilla, this project has done a great job drafting icons to describe a select set of privacy parameters. Being a Mozilla project, there's a chance that the icons may be presented in a dedicated browser panel rather than on a webpage somewhere on a website. We very much like the effort, which has a high quality and involved great people, but the alpha proposal still has a number of drawbacks (eg. complex icons, red/green colors to indicate good/bad policies - who would put a red color on their site?). CommonTerms wants to build on the many valuable findings from Mozilla Privacy Icons. Last known activity: December 2010.

Privacy simplified

http://yale.edu/self/psindex.html

Draft privacy icons and a simple tool to generate html. Nice contribution by a group of Yale students, developing the Mozilla proposal a bit further. Last known activity: May 2012

Terms of Service; Didn't Read

http://tos-dr.info/

This very successful project is trying a different path to solving the same problem: Using crowdsourcing they are grading (A-F) website policies and creating subjective summaries of their contents. Grades and summaries are stored on Github and can be accessed by e.g. browser plug-ins when you visit a website. TOS;DR run a successful crowdfunding campaign in 2012 and got a lot of positive media coverage!

Standard Label

http://standardlabel.org/

Kickstarter proposal started April 2012 by Joe Andrieu of the Kantara initiative. Drafted a tabular terms summary format, inspired by CUPS Privacy Label project just like CommonTerms. Nice video, too. Crowdfunding didn't reach limit on time, but attracted lots of support and will probably continue anyway!

Privacy commons

http://www.privacycommons.org

Draft icons by Aaron Helton described for example who owns User Generated Content: User, provider company or shared ownership. Last known activity: February 2009

Open Digital

http://blog.opendigital.org/2012/03/identonomics-part-3-clarity-in-privacy.html

Among other things, Open Digital proposed a nice set of icons to communicate what license a user has put on her personal data. Unfortunately, the project was suspended in april 2012.

Khula project

http://www.khulaproject.com/

Started september 2011 by Tyler Baird. Producing easy-to-read hand-made Privacy Policies. Clear and nice graphics. Crowdfunding didn't reach limit.

Know privacy

http://www.knowprivacy.org

Report from a project by students at the UC Berkely School of Information in 2009. Drafted icons describing how user's data is being collected and shared.

Netzpolitik

Matthias Mehldau created a large set of icons answering the questions "What data is collected", "How is my data handled", "For what purpose" and "For how long". Last known activity: 2007

European privacy open space

http://www.privacyos.eu

EU project proposed the idea of cc-like icons but no icons as far as I know. Last known activity: 2009

Clearware

http://www.clearware.org

Proposed a rather extensive set of icons to summarize common terms found in End User License Agreements (EULAs). Last known activity: 2006

Privacy Icons (for email)

http://privicons.org/

This project has proposed a set of icons for email privacy. Ryan Calo, Max Senges and a few others are mentioned on the project website. Last known activity: November 2011.

Privacy labels

http://cups.cs.cmu.edu/privacyLabel/

Researchers from by CyLab Usable Privacy and Security Laboratory (CUPS) at Carnegie Mellon University proposed and evaluated a standardized table format for the presentation of privacy information, inspired by “Nutrition labels”. Their research papers provide many valuable insights. See an example! Last known activity: 2010

Internet Governance Forum

In 2006, Mary Rundle from Harvard University gave a presentation at the Internet Governance Forum (IGF) meeting, proposing a small set of draft icons to symbolize how user data might be treated by online service providers.

Accessible text

The following projects have approached the problem mainly by trying to make the text of the agreement shorter or clearer, or both.

I agree to

http://www.iagreeto.org

Re-design of Apple iTunes Terms of Service by Gregg Bernstein, providing great inspiration for anybody trying to simplify and make online contracts more accessible. Last known activity: September 2011.

Google

Agreements have been made shorter by removal of redundant information.

Facebook

www.facebook.com/about/privacy/

Simplified versions of agreements can be written in everyday language instead of legalese.

OwnTerms

http://ownterms.pbworks.com/w/page/6985495/FrontPage

Proposal by Tom Scott to provide CC-licensed boilerplate Terms of Service documents (and other contracts). Last known activity: 2009

Lex publica

http://lexpubli.ca/

Company intending to adopt the OSS model to legal documents: Provide the legal code (CC licensed contract document templates) for free but selling consulting. Last known activity: January 2010. Seems to be closed, June 2012.

Portability Policy

http://portabilitypolicy.org/generator.html

Part of dataportability.org, this side-project aimed to create a standard format to describe the data portability policy of an online service. They even produced a form-based tool to create such a policy. While we think this is a step in the right direction, it still looks a bit too complex, and portability, after all, is just one of many aspects, so we think this effort should become a part of something more holistic.

Other solutions

These projects propose some kind of solution to the problem or to a related problem.

Trust-e

http://www.truste.com

Trust-e commercially provides a certification (and corresponding trust mark) for websites whose Privacy policies adhere to some basic quality requirements defined by Trust-e.

EmanciTerm

http://cyber.law.harvard.edu/projectvrm/EmanciTerm

From the VRM project (Vendor Relationship Management, headed by Doc Searls) comes the EmanciTerm proposal: Users should bring their own set of terms, to be automatically matched with those of service providers.

Customer Commons

http://customercommons.org/

Yet another spin-off from the VRM project. This is a non-profit organization aiming to create "a world of liberated, powerful, and respected customers". Started late 2011.

Iubenda

http://www.iubenda.com

Italian company offering a simple tool to create easy-to-understand Privacy policies. Last known activity: February 2013

PrivacyChoice

http://www.privacychoice.org

Among many other privacy related tools and services, PrivacyChoice offers a tool - Policymaker - which can be used to easily generate an accessible privacy policy for mobile applications. Founded by Jim Brock. Last known activity: December 2011

Scode

This blog post describes the problem of non-readable EULAs, and proposes a solution based on the creation of a database of clauses, to which every EULA should make reference. Actually, our database of common terms pretty much resembles what Scode is describing.

Data Practice Policy and Negotiated Use

This blog post by Paul Corriveau from september 2012 describes the problem of non-readable TOSs, and proposes a solution quite similar to CommonTerms.

TOSback

http://www.tosback.org

EFF project tracking changes to TOS documents for popular online services.

TOSSOS

http://www.tossos.com/

Initiative by Sebastian Lemery to scrape TOS documents, provide easier-to-read versions, and track changes. Started May 2012.

Youluh

http://www.x2xroads.com

Youluh will be able to automatically analyze EULA documents, to see if they contain clauses that you usually agree to, clauses that you do not agree to, or clauses you haven't seen before, to make it easier for you to decide whether to accept or not! Started June 2012.

Docracy

http://www.docracy.com

Winner of a Techcrunch hackathon, May 2011, this startup aims to become a "GitHub for legal documents". By open sourcing legal documents, highlighting changes and tracking how many times each document has been re-used, Docracy could help signatories in making the decision whether to trust a document or not.
Late 2012/Early 2013, Docracy also started tracking/detecting changes to popular sites' TOS/PP documents, becoming a more modern version of TOSback.

Zynga

The gaming company has produced a gamification of their privacy policies.

Comments

The following contributions primarily contribute by highlighting the problem. Some of them point in the direction of a possible solution, though. Many of them use humor and give great illustrations of the problem.

TED Talks

The follwing two TED talks do not specifically mention Terms of Services and Privacy Policies, but they deal with the problem on a more general level.
Alan Siegel: Let’s simplify legal jargon
Sandra Fisher-Martins: The right to understand

PC Pitstop

According to this newspaper article (in swedish) the company PC Pitstop wrote in their EULA that the user would get a financial reward just by contacting the company and notify them that they read the clause. Only 1 out of 3000 users did this – and got a $1000 reward.

Dan Tynan

The first truly honest privacy policy By being brutally frank and honest instead of complex, Dan Tynan thinks privacy policies could become more widely read and understood. Humor.

The small print project

http://reasonableagreement.org

Printed T-shirts with bogus agreements on them, protesting against bad EULAs etc. Andy Sternberg started the project after an idea by Cory Doctorow and Steve Simitzis. Last known activity: 2007.

Those Sneaky Bastards

http://www.thosesneakybastards.org

Project started in 2012 by law researcher Renee Lloyd, commenting on the non-sustainable situation of unreasonable, unread adhesive contracts online.

Terms & Conditions May Apply - the movie

http://www.tacma.net

Highly relevant movie trailer from late 2012. Looking forward to see if there's going to be more than a trailer!

The Biggest Lie

http://biggestlie.com

Our own campaign trying to "give voice to the consumers who want the hypocricy to end". Vistors can confess the biggest lie ("Yes I have read and agree...") and at the same time protest. Opened May 30 2012.

Failblog

Artistic comment on the “Biggest lie on the internet” (“I have read and agree…”).

South Park

The comic series made an episode called the “HumancentiPad”, in which a user has to suffer extensively because of having signed an agreement permitting just about anything. Be warned, it is a strong illustration.
US version
EU version

SVT Kobra

TV show (in Swedish) discussing the “I accept generation”. Among other things the TV show said that one company has written in their Terms that by accepting the terms “you give us your soul”.

C|net

Perhaps the message can come across if the agreements are dramatized by professional artists



This list is an adaption of a similar list on the Creative Commons Wiki, which we put together after discussing the issue with Creative Commons' Mike Linksvayer. If you know of other relevant projects, please edit that page or contact us directly!