An Update on our Terms of Use

[AshleyT]

On Wednesday we shared that we’re introducing a new Terms of Use (TOU) and Privacy Notice for Firefox. Since then, we’ve been listening to some of our community’s concerns with parts of the TOU, specifically about licensing. Our intent was just to be as clear as possible about how we make Firefox work, but in doing so we also created some confusion and concern. With that in mind, we’re updating the language to more clearly reflect the limited scope of how Mozilla interacts with user data.

Here’s what the new language will say:

You give Mozilla the rights necessary to operate Firefox. This includes processing your data as we describe in the Firefox Privacy Notice. It also includes a nonexclusive, royalty-free, worldwide license for the purpose of doing as you request with the content you input in Firefox. This does not give Mozilla any ownership in that content. 

In addition, we’ve removed the reference to the Acceptable Use Policy because it seems to be causing more confusion than clarity.

Privacy FAQ

We also updated our Privacy FAQ to better address legal minutia around terms like “sells.” While we’re not reverting the FAQ, we want to provide more detail about why we made the change in the first place. Check out the full blog post to read more.

[MyDataIsntYours]

I feel like Mozilla’s legal department isn’t aware that Firefox’s user base is both technical and sensitive to legalese. The whole attempting to use the California definition of “sell” as an excuse for the change (without clarifying why) feels like the sort of thing that would land with a very broad audience but not one that’s stuck around almost exclusively because they value privacy enough to both be discerning and be willing to put up with a subpar browsing experience to preserve said privacy. 

Someone there seriously needs to recognize that users aren’t going to respond to “here’s a slight tightening of the language so we can say we’ve heard you, while not addressing the actual issue”. Like I cannot imagine an outcome here where users are happy with  anything less than fully reverting the changes. And we’re aware of what anchoring is.

[seva]

nice username, bro

[pepe]

Time to move away from Firefox

It looks like I will have to program my own browser on top of everything else

Shame on you

jwz was right

[Cheerio]

Don't even bother trying to walk it back now.

Your name is in the gutter and it will stay there.

[Nick5]

So you're claiming that "Mozilla doesn’t sell data about you (in the way that most people think about “selling data”)"

and

"the California Consumer Privacy Act (CCPA) defines “sale” as the “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by [a] business to another business or a third party” in exchange for “monetary” or “other valuable consideration.” "

Which is exactly how most people would describe selling data, so what have you been "selling" to who that NOW falls under this "new" definition?

[Erwan]

I demand a clear return of the assertion of "not selling" our data. It's non-negotiable. Otherwise, don't pretend to have a community anymore.

Signed: A loyal Firefox/Thunderbird user and influencer.

[seva]

It all depends on how many users Firefox loses, I think. If the loss is in the 10 percent range, Mozilla will not explain anything to you and will simply ignore you.

However, a user loss of 30% or more will force Mozilla to reconsider its policy, and perhaps Mozilla will start explaining something.

[User42]

I've been reading lots of users' comments. Many people have already switched browsers. I am also now researching for the best FF replacement, thanks to community suggestions. After all these years...

You become greedy, your greed destroys you.

[seva]

I switched to Brave. Yes, the Firefox community doesn't like Chromium-based browsers. But Brave reminds me of early Firefox in the way they listen to the community.

[rdavidatwell]

I switched to Fennec F-Droid on mobile and will be switching to Waterfox on desktop as soon as I have some time to do so.

[Do-not-sell-out]

Don't sell our data ever. I don't want AI. I just want to watching silly internet videos and share it with my friends. 

If you break the promise to not sell our data, people will leave. True not all of them but you will lose life long users.

[jchimene]

@AshleyT 

I chose to support Mozilla by subscribing to its VPN service. I canceled that subs. a few days ago.

It's sad to watch ensh*tification corrode Mozilla. There's so much good that's come from this effort.

[rdavidatwell]

Far too little, far too late. It's an improvement in the same way that a house fire is an improvement over a forest fire: sure, it's way smaller, but there's still a lot of damage, it still ruins lives, and there's no reason it couldn't grow to become a forest fire anyway.

As I noted last week, for as long as this policy is in place (and as long as the Mozilla leadership shows no interest in understanding our concerns), I'm going to be moving to a fork for both desktop and mobile.

This is remarkably sad. I'm very disappointed in this turn of events.

[ttta]

I might be a bit late about this, but I'm no less concerned.

The fact of the matter is that even with these updated terms, I can't in good conscience continue to use Firefox or any Mozilla product for that matter. I have already migrated my main system to one of the many forks, but all my other affected systems will follow. Additionally, I will be migrating the family members I steered towards Firefox, for these changes have destroyed the reason I recommended it in the first place: Privacy. I know Google Chrome and Microsoft Edge have similar policies, but the lack of these policies is the very reason I was using Firefox.

I echo the sentiment many have given here and want to add that at least from my perspective, I will not migrate back unless serious steps are taken to rectify the issue and reinstate my trust in Mozilla, should this even be possible.

The changes I'd like to see include:

• Reverting the introduction of a Terms of Use as well as restoring the promise of never selling my data to the FAQ. Should this not be possible, I'd like to see a clear explanation with explicit reasons why it can't be done or, preferred, the modification of Firefox's and Mozilla's business model so that it becomes possible once more.
• A refocus on the development of the Firefox web browser as Mozilla's main product, potentially pulling out of the AI and advertisement markets.
• A potential change of management as it seems clear that the current leadership is not interested in Mozilla's historical goals and mission, otherwise I see no possible way of these new terms making it to users.
• Lastly an honest apology to all users of the Firefox web browser.

I spent a sizable chunk of my day reading through this thread as well as https://connect.mozilla.org/t5/discussions/information-about-the-new-terms-of-use-and-updated-privac... and the message sent by your users as well as myself is very clear. I'm all for Mozilla being financially viable, but there is simply no use in it if it means abandoning all principles Mozilla and Firefox once stood for. There must be another way and I do hope you find it. Until then I must say that all my trust in Mozilla has been lost and that I will avoid Mozilla's products going forward.

[Anonymous]

The entire reason that I used Firefox, is that for years you claimed you Will Not sell my Data. I felt protected. It said right there on the FAQ, "we don't sell your personal data", and now it doesn't say that anymore. I am not comfortable with you using a "nonexclusive, royalty free, worldwide license to use my information" My content does not belong to you. I will no longer be using Firefox due to these changes, as there are now other, better options like Ladybird. You should rollback these changes that you have made if you want to keep your userbase.

[Jon]

Hey all,

Please continue sharing your feedback, voicing concerns, and asking any questions you have—we are continuing to monitor the discussion—but please remember the Community Guidelines when participating here and across Connect. Several comments have been flagged/reported and ultimately removed, including some that have veered off the main topic.  

Thank you.

[seva]

I think I will be banned for my boldness, but the community does not want to "monitor the discussion", but some actions.

I read all the messages in this thread, and as I understand it, the community wants the following:

1. Stop selling data and return "we do not sell your data and will not sell, it's a promise". This point is really important, it's like a flag on your new logo. Only a flag on a logo makes sense for Mozilla's board. And "we do not sell, it's a promise", this is the flag under which the community has advertised you everywhere for decades, this is the flag under which the community has been your personal loyal army.
2. If there are problems with funding, turn to the community for donations.

Since over the years of funding from Google, Mozilla has stopped discussing its actions with the community and has generally destroyed cooperation with the community, a possible solution would be
1. Temporarily suspend the changes that Mozilla plans to make
2. Start restoring trust with the community. Transparently tell how Mozilla plans to monetize user data, publish the texts of contracts with third parties, talk about other plans to monetize the community. That is, reveal everything that was discussed by management behind closed doors, and what was reported to the community in the style of "These aren't the droids you're looking for.", that is, "this is not the data sale you thought about."

Because so far everything looks like Mozilla management is just trying to wait until the community stops whining. And then push through the planned changes in order to receive management salaries all the time while Mozilla continues to sink.

[seva]

I look like a loyal Firefox fan, and I have been for many years, since about 2002. And I will go back to Firefox if Mozilla does something right (this is not accurate).

I hope it happens before Firefox goes bankrupt and is bought by the Chinese.

[CAust]

I have previously posted here with strong concern.  

I have checked this issue out further. I suggest dedicated Firefox users check the situation before abandoning a browser and major internet initiative that we have all benefited from.

Louis Rossmann (youtube) does a good explore of this issue, re why this change may be legally required but not due to intentions to sell user data.

https://www.youtube.com/watch?v=-8bTquKjzos 

[seva]

Personally, it is important to me that the Privacy Notice clearly states that such a type of data as "content"
1. is never transferred to a third party except as required by law. That is, the content should not be accessed by Partners, service providers, suppliers and contractors, Researchers, Mozilla controlled entities and successors
2. is never used for commercial purposes
3. is never used to train AI

Content

When you provide it to us, we may process data such as uploaded images or survey responses.

Uploaded image, bookmarks, comments, survey responses.

I also think it would be good if Mozilla clearly described in the Privacy Notice what type of data can be transferred to a third party and what not. Because right now the Privacy Notice does not say in any way what Mozilla will transfer to a third party and under what conditions.

Ideally, of course, it would be good if the user himself could uncheck the boxes in Firefox opposite the types of data that he does not want to share. But it seems that Mozilla is not going to give us this choice.

[baz]

I've been a long term user of Firefox, initially it was having Tabs within the browser that hooked me since v1.5 (circa 2005/2006).  I've never deviated away from the browser since.  I actually got my whole family using it too.  I liked the privacy aspect and it felt genuine.  Now, with even the whiff of selling data, I'm out.   If you can't even be honest about what you will do with 'our data' then that is worse than saying you're going to sell it.

[sorrel]

I've been going back and forth on whether to mention this here, but for the sake of making sure someone at Mozilla is aware: it is looking like my PR to Nixpkgs to mark the Firefox binary packages as unfree (on the basis of clauses in the ToU under "You Are Responsible for the Consequences of Your Use of Firefox" which limit the user's freedom) may soon be merged: https://github.com/NixOS/nixpkgs/pull/385857. It would seem greatly embarrassing if the largest and most up-to-date software repository in the world concluded that the official Firefox binaries were no longer free.

Personally, I think the Terms are poorly drafted and incoherent, in addition to being a violation of the FSF's standards of freedom. For example, "Termination" states that "Mozilla can suspend or end anyone’s access to Firefox at any time for any reason", which is highly concerning in its own right, but follows that up with "we will try to notify you at the email address associated with your account" – and last time I checked, using Firefox didn't require an account. It feels like this would be much better-placed as a set of terms for using, say, "Mozilla Online Services" (Sync, Monitor, whatever LLM thing you're doing now, ...) than for Firefox itself.

[Brinhffy]

If anyone at Mozilla foundation is reading this: I would guess that your day to day focus is on emerging technologies, but Firefox is the reason you have funding and the reason that anybody knows or cares about Mozilla. The actions of the Mozilla Corporation speak louder than whatever else your foundation is doing.

[KBTibbs]

Credit where it's due: This update is, in some ways, better than the original.

Sadly, it's still not as good as your users expect and want. I've been using Firefox about 15 years now. I'm typing this from Firefox. It hurts my heart, but I've gotta say that these last couple of years it seems like the principles laid out in the Mozilla Manifesto have been taking quite a beating. Especially principles #4 and #8.

This isn't good, Mozilla. Guess I have to start surveying my options.

[RIPBOZILLA]

Was going to give Mozilla the benefit of the doubt, but seeing as @AshleyT has been asked directly numerous times "Why do you need a license to provide basic functionality?" and has yet to answer the multiple users who asked this same question, in addition to gaslighting users by labelling those with privacy concerns "confused," coupled with legalese so hostile and vague it requires "clarification" in a blog post??? Yeah, I'm done.

Your users are not stupid or confused. I've been a Firefox user since Netscape! As a developer myself, I'm very familiar with the ToS. To pretend this new ToS is anything else but a privacy rugpull is laughable. Today, I will be uninstalling Firefox and moving to LibreWolf, IceCat, or one of the other FOSS browsers that is serious about protecting my privacy and data, not trying to use weaselly legalese to dupe users into giving up the rights to their personal data.

It's been days since the original announcement, and Mozilla doesn't seem to care enough to address this directly by reverting the commit and all offending language. Rather, Mozilla seems to want to try to dupe its remaining users with gaslighting and manipulative tactics designed to confuse the end user. Oh well, we all know the drill by now.

For the record, the correct way to fix this would be to revert the commit, including all the absurd "clarifications," fire your legal and PR team, and apologize to the users who make up your community. But since we all know that's not going to happen, buh bye Firefox! It's been real (until now).

[QuebecTech]

Uninstalled on all devices. User since 2002.

Sorry not sorry.

[seva]

In 2002, there was no Firefox, there was Phoenix. Then there was Firebird. I have a clear memory of Phoenix, when I came to a friend's work and he showed me a browser with Phoenix. I just thought it was some kind of Asian one, because it seemed like the phoenix was drawn in an Asian style.

[Raphael]

From https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/:

---

TL;DR Mozilla doesn’t sell data about you (in the way that most people think about “selling data”), and we don’t buy data about you. We changed our language because some jurisdictions define “sell” more broadly than most people would usually understand that word. [...]

The reason we’ve stepped away from making blanket claims that “We never sell your data” is because, in some places, the LEGAL definition of “sale of data” is broad and evolving. As an example, the California Consumer Privacy Act (CCPA) defines “sale” as the “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by [a] business to another business or a third party” in exchange for “monetary” or “other valuable consideration.”

---

The CCPA is exactly how i understand “selling data”.

If the reason for dropping the principle of not selling user data is that you need more money, please ask for more donations. Or if it is because a feature requires it (which I would find odd), please remove that feature and focus on developing just a web browser. Unfortunately, the updated blog post is not clear in this regard.

I’ve been using Firefox since its beginning and regularly donate to the Mozilla Foundation because digital privacy is very important to me. As such, i am very disappointed in your announcement to start selling user data. If you don’t reverse this decision, i will switch to another browser that takes privacy more seriously.