Understanding "I Agree"

Why did we make "Understanding 'I Agree'"? After all, this exhibit (inspired by Dima Yaronvinsky’s 2018 exhibit) is simply the terms of service of popular platforms. But the visual impact of the sheer amount of text speaks for itself. We want to remind you that hitting "I Agree" is far more than the click of a button, but an agreement to conditions you might not even be aware of.

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Our aim with this exhibit was not to instill fear. In fact, we celebrate and embrace social media as a cornerstone of modern communication. Rather, we want you to be conscious and aware consumers better informed of your rights and the rights you waive when you click "I Agree." 

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So how does this tie into antitrust? Some proponents of massive social media platforms argue that they are natural monopolies. After all, by hosting the most number of users, platforms are able to provide the most connections and content. 

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However, the argument for monopolistic social media platforms isn’t that simple.

 

In a fascinating article from ProMarket, Carlo Amenta, Michele Boldrin, and Carlo Stagnaro assert that rather than a simple service, social media represents a fundamental form of communication. Therefore, there is a need to regulate social media as a form of freedom of speech. However, Big Tech is no regular monopoly. Big Tech can still compete and be replaced. As Amenta, Boldrin, and Carlo Stagnaro suggest, these platforms “may be a de facto monopolistic provider in its own markets… but there is nothing natural in this” (Amenta et. al).

 

An important part of protecting your free speech is the right to choice. To use a social media platform, you must agree to their terms of service. But today, with few and far alternatives in between, are you given that freedom? Are you willing to make that change?

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Social media platforms' lack of transparency, from their impossibly long terms of service to vague language, is an exercise of monopoly power; us consumers do not have options to choose from, but one, single choice if we want to participate in the world of social media.

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After WhatsApp was acquired by Facebook (now Meta) and updated its terms of service, countless users flocked to alternative platforms like Telegram and Signal (Hern). But as it stands, in the US users—you and I—are not experiencing change. Instead, we have grown accustomed to, and complacent with, terms of service that, in the case of WhatsApp, caused millions of users to leave. 

 

An examination of the Terms of Service reveals a complicated story. Let’s take a look at one passage from Instagram’s terms of service:

 

Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as Meta Products or service providers that support those products and services. 

 

This portion of Instagram’s terms of service is quite far down into the document. But it’s key to understanding your rights on the platform. While Instagram does not take ownership of your content, you do give Instagram the right to use your content pretty much to the same extent as your own rights. Were you aware of this? 

 

We hope through seeing and visualizing this exhibit, inspired by Dima Yaronvinsky’s 2018 exhibit, you will better understand the complicated nature of social media. You’re not simply using its services, but agreeing to terms of service that you might not even be aware of.

 

We encourage you to ponder whether or not the choices you’ve been given are truly carrying out your free speech, and if not to join the debate of how to more effectively do so at AXL Antitrust (Instagram: @axl.antitrust).