Mozilla introduces TOS to Firefox: Difference between revisions
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In February 2025 Mozilla introduced [[Terms of service|terms of use]] (TOS) for the Firefox browser for the first time as well as an updated {{wplink|Privacy policy|privacy policy}}. These terms of service contain a section about the rights and permissions the user gives to Mozilla. This has caused concern among Firefox users due to how this section was initially phrased. | In February 2025 Mozilla introduced [[Terms of service|terms of use]] (TOS) for the Firefox browser for the first time as well as an updated {{wplink|Privacy policy|privacy policy}}. These terms of service contain a section about the rights and permissions the user gives to Mozilla. This has caused concern among Firefox users due to how this section was initially phrased. | ||
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|archive-url=https://web.archive.org/web/20250227045402/https://www.mozilla.org/en-US/about/manifesto/ | |archive-url=https://web.archive.org/web/20250227045402/https://www.mozilla.org/en-US/about/manifesto/ | ||
|archive-date=27 Feb 2025 | |archive-date=27 Feb 2025 | ||
}}</ref> One notable concern is the possibility that license to user input could be used to train artificial intelligence tools. This became a concern since Mozilla has recently been working on AI tools.<ref name="orbit"/> | }}</ref> One notable concern is the possibility that license to user input could be used to train artificial intelligence tools. This became a concern since Mozilla has recently been working on AI tools.<ref name="orbit" /> | ||
===AI training concerns=== | ===AI training concerns=== | ||
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===Date of effect=== | ===Date of effect=== | ||
It is also worth noting that the announcement of the introduction of the TOS and new privacy policy was made in a blog post one day after the terms and privacy policy | It is also worth noting that the announcement of the introduction of the TOS and new privacy policy was made in a blog post one day after the terms and privacy policy were originally set to take effect.<ref>{{Cite web |title=Firefox Terms of Use - Febuary 28 |url=https://www.mozilla.org/en-US/about/legal/terms/firefox/ |url-status=dead |archive-url=https://web.archive.org/web/20250228023710/https://www.mozilla.org/en-US/about/legal/terms/firefox/ |archive-date=28 Feb 2025 |access-date=28 Feb 2025}}</ref> No other communication was made to users of the browser as of February 27th 2025. The terms of use page was then edited to read "Effective February 28, 2025"<ref name="TOS" /> following the update in the language. | ||
===Change of Firefox's FAQ=== | ===Change of Firefox's FAQ=== | ||
[[File:Firefox faq.png|thumb|Firefox FAQ wording changes]] | [[File:Firefox faq.png|thumb|Firefox FAQ wording changes]] | ||
Mozilla's Terms of Use no longer explicitly state that the company does not and will never sell user data. Previously, Mozilla's FAQ included the statement, "Nope. Never have, never will," when addressing whether they sell user data. The section promising not to sell personal data | Mozilla's Terms of Use no longer explicitly state that the company does not and will never sell user data. Previously, Mozilla's FAQ included the statement, "Nope. Never have, never will," when addressing whether they sell user data. The section promising not to sell personal data<ref name="faq-old">{{cite web | ||
|author=<!--not stated--> | |author=<!--not stated--> | ||
|title= Firefox FAQ | |title= Firefox FAQ | ||
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|archive-url=https://web.archive.org/web/20250227214216/https://www.mozilla.org/en-US/firefox/faq/ | |archive-url=https://web.archive.org/web/20250227214216/https://www.mozilla.org/en-US/firefox/faq/ | ||
|archive-date=27 Feb 2025 | |archive-date=27 Feb 2025 | ||
}}</ref>was quietly removed from their documentation.<ref name="github-tos">{{cite web | }}</ref> was quietly removed from their documentation.<ref name="github-tos">{{cite web | ||
|title= Tos copy updates (fix #16016) (#16018) | |title= Tos copy updates (fix #16016) (#16018) | ||
|url= https://github.com/mozilla/bedrock/commit/d459addab846d8144b61939b7f4310eb80c5470e | |url= https://github.com/mozilla/bedrock/commit/d459addab846d8144b61939b7f4310eb80c5470e | ||
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}}</ref> | }}</ref> | ||
Before its removal, | Before its removal, the section said:<blockquote> | ||
''Does Firefox sell your personal data?'' | ''Does Firefox sell your personal data?'' | ||
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}}</ref> | }}</ref> | ||
Mozilla justified this change by pointing to evolving legal definitions of "data selling," particularly under the California Consumer Privacy Act (CCPA), which defines "sale" broadly to include certain data-sharing arrangements. However, the | Mozilla justified this change by pointing to evolving legal definitions of "data selling," particularly under the California Consumer Privacy Act (CCPA), which defines "sale" broadly to include certain data-sharing arrangements. However, the revised Terms of Use do not explicitly prohibit Mozilla from selling user data in the future, leaving open the possibility of future monetization.<ref name="tos-update" /> | ||
Mozilla justified this by pointing to broad legal definitions under the California Consumer Privacy Act (CCPA), which define "selling data" as any transfer of data for "valuable consideration," even if anonymized.<ref name="ccpa"> | Mozilla justified this by pointing to broad legal definitions under the California Consumer Privacy Act (CCPA), which define "selling data" as any transfer of data for "valuable consideration," even if anonymized.<ref name="ccpa"> | ||
{{cite web | {{cite web | ||
|title= CCPA Full Text | |title= CCPA Full Text | ||
|url= https:// | |url= https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1798.140.# | ||
|website= | |website= Legilature.ca.gov | ||
|access-date=1 Mar 2025 | |access-date=1 Mar 2025 | ||
}}</ref> However, the new Terms of Use do not explicitly prohibit Mozilla from selling user data in the future, meaning they could legally do so if they chose.<ref name="tos-update"/> | }}</ref> However, the new Terms of Use do not explicitly prohibit Mozilla from selling user data in the future, meaning they could legally do so if they chose.<ref name="tos-update" /> | ||
==Mozilla's response== | ==Mozilla's response== | ||
[[File:Firefox-privacy-lawful-bases.png|thumb|Partial screenshot of lawful basis section for data usage from the Firefox privacy policy.]] | [[File:Firefox-privacy-lawful-bases.png|thumb|Partial screenshot of the lawful basis section for data usage from the Firefox privacy policy.]] | ||
Initially, Mozilla added an update to their initial blog post in an attempt to clarify the language of the terms of use.<ref name="tos-announce" /> | Initially, Mozilla added an update to their initial blog post in an attempt to clarify the language of the terms of use.<ref name="tos-announce" /> | ||
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Mozilla's privacy policy contains fairly extensive and clear statements on how Mozilla uses user data. It does not explicitly mention artificial intelligence tools other than the ability to use third party chat assistants. The privacy policy clarifies that Mozilla has no access to these chats. | Mozilla's privacy policy contains fairly extensive and clear statements on how Mozilla uses user data. It does not explicitly mention artificial intelligence tools other than the ability to use third party chat assistants. The privacy policy clarifies that Mozilla has no access to these chats. | ||
On February 28th, Mozilla updated the terms of use to address the concerns people were having.The section about rights and permissions given to Mozilla was reworded to be more clear:<blockquote>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.</blockquote>As well as this, the new terms have removed the reference to the acceptable use policy. | On February 28th, Mozilla updated the terms of use to address the concerns people were having. The section about rights and permissions given to Mozilla was reworded to be more clear:<blockquote>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.</blockquote>As well as this, the new terms have removed the reference to the acceptable use policy. | ||
Mozilla have also provided explanation for why they changed their FAQ.<ref name="tos-update"/> They say this is because different legislation has different definitions of "sale of data" and this makes it uncertain on whether a business is legally considered to be selling data. Mozilla explicitly cites the California Consumer Privacy Act<ref name="ccpa"/> with regards to how existing privacy legislation defines the sale of data. | Mozilla have also provided an explanation for why they changed their FAQ.<ref name="tos-update" /> They say this is because different legislation has different definitions of "sale of data"and this makes it uncertain on whether a business is legally considered to be selling data. Mozilla explicitly cites the California Consumer Privacy Act<ref name="ccpa" /> with regards to how existing privacy legislation defines the sale of data. <ref group="footnotes">Mozilla in the version of the CCPA they quoted on their update (see ''[https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/ "An update on out terms of use"]'') a draf version of the CCPA. The difference in the definition used is the inclusion of "another bussiness" in the wording. [https://www.quippd.com/social/posts/2025/03/06/mozilla-quoted-an-incorrect-version-of-the-ccpa-in-their-terms-of-use-update.html "Mozilla Quoted an Incorrect Version of the CCPA in their Terms of Use update"].''Youssuff Quips'' </ref> | ||
==Mozilla's Business Model & Potential CCPA Violations== | ==Mozilla's Business Model & Potential CCPA Violations== | ||
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===Potential CCPA Compliance Issues Before the TOU Update=== | ===Potential CCPA Compliance Issues Before the TOU Update=== | ||
The CCPA defines "selling data" as: <blockquote> | The CCPA defines "selling data" as: <blockquote> | ||
'' “Sell,” “selling,” “sale,” or “sold,” means 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 the business to | '' “Sell,” “selling,” “sale,” or “sold,” means 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 the business to a third party for monetary or other valuable consideration.''<ref name="ccpa" /> | ||
</blockquote> | </blockquote> | ||
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}}. [[:File:Mozilla-fdn-2022-fs-final-0908.pdf|See file on the wiki]] | }}. [[:File:Mozilla-fdn-2022-fs-final-0908.pdf|See file on the wiki]] | ||
</ref> | </ref> | ||
These deals involve sending search query data to search partners. Under the CCPA, if Mozilla transmitted search data in exchange for financial compensation, this could be classified as a ''"sale of data." | These deals involve sending search query data to search partners. Under the CCPA, if Mozilla transmitted search data in exchange for financial compensation, this could be classified as a ''"sale of data."'' This is a practice that Mozilla had already been openly taking part in. | ||
===Mozilla's Sponsored Ads & Potential CCPA Implications=== | ===Mozilla's Sponsored Ads & Potential CCPA Implications=== | ||
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}}</ref> | }}</ref> | ||
*'''Sponsored Suggestions in Search''': Mozilla processes search queries & shares de-identified interaction data with partners, including search engines and ad networks.<ref name="firefox-privacy"/> | *'''Sponsored Suggestions in Search''': Mozilla processes search queries & shares de-identified interaction data with partners, including search engines and ad networks.<ref name="firefox-privacy" /> | ||
Mozilla says all data shared with advertisers is anonymized, aggregated, or de-identified before being disclosed. | Mozilla says all data shared with advertisers is anonymized, aggregated, or de-identified before being disclosed. | ||
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Mozilla's ad system does not clearly violate the CCPA, but it exists in a gray area because of: | Mozilla's ad system does not clearly violate the CCPA, but it exists in a gray area because of: | ||
*'''Valuable Consideration Clause''': Mozilla earns money from clicks on Sponsored Shortcuts, which may be considered a sale under the CCPA if user data has "value." | *'''Valuable Consideration Clause''': Mozilla earns money from clicks on Sponsored Shortcuts, which may be considered a sale under the CCPA if user data has "value." | ||
*'''Lack of a Clear "Do Not Sell" Option''': The CCPA requires an explicit "Do Not Sell My Data" button, but | |||
*'''Lack of a Clear "Do Not Sell" Option''': The CCPA requires an explicit "Do Not Sell My Data" button, but Mozilla bundles opt-out settings under "technical and interaction data." Mozilla's privacy policy page states ''"You can opt out of having your data processed for personalization or advertising purposes by turning off “technical and interaction data” on Desktop and Mobile at any time".''<ref name="firefox-privacy" /> Firefox does have this option in the privacy and security section of the settings as of version 135 (4th February 2025).<ref>https://support.mozilla.org/en-US/kb/how-do-i-turn-do-not-track-feature?as=u&utm_source=inproduct</ref> | |||
*'''Potential Re-identification of Data''': CCPA states that anonymized data can still be personal information if it can be linked to a user.<ref name="ccpa" /> | *'''Potential Re-identification of Data''': CCPA states that anonymized data can still be personal information if it can be linked to a user.<ref name="ccpa" /> | ||
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*'''Mozilla's Search Engine Deals Could Be Considered Data Sales''': As mentioned earlier, these partnerships could legally qualify as data sales under the CCPA definition, despite being an existing part of Mozilla's business model that consumers are already aware of.<ref name="tos-announce" /> | *'''Mozilla's Search Engine Deals Could Be Considered Data Sales''': As mentioned earlier, these partnerships could legally qualify as data sales under the CCPA definition, despite being an existing part of Mozilla's business model that consumers are already aware of.<ref name="tos-announce" /> | ||
*'''Sponsored Content in Firefox's New Tab Page Involves Data Exchange''': Mozilla | *'''Sponsored Content in Firefox's New Tab Page Involves Data Exchange''': Mozilla dReferencesisplays sponsored content and ads on the Firefox New Tab page, which may involve user interaction data being shared with advertisers.<ref name="tos-update" /> Even if the data is anonymized, the CCPA considers certain types of aggregated data as personal information if it can be linked back to users.<ref name="ccpa" /> | ||
By removing explicit guarantees such as "we never sell your data" & rewriting the Terms of Use, Mozilla eliminated legal ambiguity while maintaining its existing business model. | By removing explicit guarantees such as "we never sell your data" & rewriting the Terms of Use, Mozilla eliminated legal ambiguity while maintaining its existing business model. | ||
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|date=27 Feb 2025 | |date=27 Feb 2025 | ||
|access-date=1 Mar 2025 | |access-date=1 Mar 2025 | ||
}}</ref> This was later revised after backlash.<ref name="tos-update"/> | }}</ref> This was later revised after backlash.<ref name="tos-update" /> | ||
====Mozilla removed explicit language about not selling user data==== | ====Mozilla removed explicit language about not selling user data==== | ||
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====Users were not notified before the TOU changes took effect==== | ====Users were not notified before the TOU changes took effect==== | ||
Mozilla announced the new terms on February 26, 2025, but they had already taken effect by February 25, 2025.<ref name="tos-announce"/> | Mozilla announced the new terms on February 26, 2025, but they had already taken effect by February 25, 2025.<ref name="tos-announce" /> | ||
====Lack of clarity on why Mozilla needs a license to user input==== | ====Lack of clarity on why Mozilla needs a license to user input==== | ||
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|website= Mozilla | |website= Mozilla | ||
|access-date=1 Mar 2025 | |access-date=1 Mar 2025 | ||
}}</ref> Under the California Consumer Privacy Act (CCPA), a "sale" requires data to be transferred to a third party in exchange for monetary or other valuable consideration.<ref name="ccpa"/> | }}</ref> Under the California Consumer Privacy Act (CCPA), a "sale" requires data to be transferred to a third party in exchange for monetary or other valuable consideration.<ref name="ccpa" /> | ||
Since Mozilla does not explicitly transfer telemetry data to third parties, it is unlikely to be classified as a "sale" under the CCPA. Users can opt out of telemetry data collection, and Mozilla deletes previously collected data within 30 days of opting out.<ref name="telemetry" /> | Since Mozilla does not explicitly transfer telemetry data to third parties, it is unlikely to be classified as a "sale" under the CCPA. Users can opt out of telemetry data collection, and Mozilla deletes previously collected data within 30 days of opting out.<ref name="telemetry" /> | ||
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==See also== | ==See also== | ||
*[[Mozilla]] | *[[Mozilla]] | ||
==Footnotes== | |||
<references group="footnotes" /> | |||
==References== | ==References== | ||