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Mozilla introduces TOS to Firefox: Difference between revisions

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added information on consumer complaints and their relevancy
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additions on the california consumer privacy act and how these relate to mozilla's current business practices.
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On February 28th, Mozilla updated the terms of use to address the concerns people were having.<ref>https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/</ref> 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.<ref>https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/</ref> 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. 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 have also provided explanation for why they changed their FAQ.<ref>https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/</ref> 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>https://www.osano.com/ccpa</ref> with regards to how existing privacy legislation defines the sale of data.
 
==Mozilla’s Business Model & Potential CCPA Violations==
Before the Terms of Use update, Mozilla publicly stated that it did not & would never sell user data. However, under the California Consumer Privacy Act (CCPA), some of Mozilla’s existing business practices may have legally qualified as "selling data." While there is no confirmed evidence that Mozilla violated the CCPA, their data-sharing practices placed them in a legally gray area.
 
===Potential CCPA Compliance Issues Before the TOU Update===
The CCPA defines "selling data" as: <blockquote>''Selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.''<ref name="ccpa">{{cite web
|title= CCPA Full Text
|url= https://www.osano.com/resources/ccpa
|website= Osano
|access-date=1 Mar 2025
}}</ref></blockquote>Based on this definition, Mozilla’s business model before the TOU update did things that could be interpreted as selling data under the California Consumer Privacy Act.
 
*'''Search Engine Partnerships (Google, Bing, Yandex, etc.)''': Mozilla’s largest revenue source comes from deals with search engines like Google, which pay Mozilla to be Firefox’s default search provider. <ref>https://assets.mozilla.net/annualreport/2022/mozilla-fdn-2022-fs-final-0908.pdf</ref> <ref>[[:File:Mozilla-fdn-2022-fs-final-0908.pdf]]</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."'' '''This is a practice that Mozilla had already been openly taking part in.'''
 
*'''Mozilla’s telemetry data collection may qualify as a "sale" under the CCPA''': Firefox collects telemetry data by default, including interaction data (such as number of open tabs, webpages visited, and search partner interactions) and technical data (such as OS, hardware specs, crash reports, and update outcomes).<ref name="telemetry">{{cite web
|title= Telemetry collection and deletion | Firefox Help
|url= https://support.mozilla.org/en-US/kb/telemetry-clientid
|website= Mozilla Support
|access-date=1 Mar 2025
}}</ref> Under the California Consumer Privacy Act (CCPA), data is considered "sold" if it is transferred to a third party in exchange for "monetary or other valuable consideration."<ref name="ccpa">{{cite web
|title= CCPA Full Text
|url= https://www.osano.com/resources/ccpa
|website= Osano
|access-date=1 Mar 2025
}}</ref> Mozilla shares telemetry data with search partners such as Google and Bing to monitor search interactions.<ref name="tos-announce">{{cite web
|title= Introducing a terms of use and updated privacy notice for Firefox
|url= https://blog.mozilla.org/en/products/firefox/firefox-terms-of-use/
|website= Mozilla Blog
|date=26 Feb 2025
|access-date=1 Mar 2025
}}</ref> If this data-sharing results in financial or commercial benefits for Mozilla, it could legally be classified as a data sale under the CCPA. Additionally, Mozilla enables telemetry by default, requiring users to opt out, whereas CCPA-compliant models typically require explicit opt-in for data sales.<ref name="tos-update">{{cite web
|title= An update on our Terms of Use
|url= https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/
|website= Mozilla Blog
|date=28 Feb 2025
|access-date=1 Mar 2025
}}</ref>
 
 
*'''Sponsored Content & Ads in the New Tab Page''': Mozilla’s New Tab page displays sponsored content and ads, which involve user interaction data being shared with third-party ad networks.<ref name="tos-update">{{cite web
|title= An update on our Terms of Use
|url= https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/
|website= Mozilla Blog
|date=28 Feb 2025
|access-date=1 Mar 2025
}}</ref> Even if anonymized, the CCPA states that aggregated data can still be classified as personal data if it can be linked back to a user.<ref name="ccpa" /><br />
===Legitimate Reasons for Mozilla Updating Its Terms of Use===
Mozilla’s sudden change to its Terms of Use & Privacy Policy can be viewed as hedges to Mozilla's legal risks & exposure under the California Consumer Privacy Act (CCPA), rather than an admission of wrongdoing.
 
*'''Legal Definitions of "Selling Data" Under the CCPA Are Broad''': The CCPA defines selling data as ''any transfer of personal information for monetary or other valuable consideration''.<ref name="ccpa">{{cite web
|title= CCPA Full Text
|url= https://www.osano.com/resources/ccpa
|website= Osano
|access-date=1 Mar 2025
}}</ref> Even if Mozilla was not directly selling user data, its search partnerships, telemetry data sharing, & sponsored content could have been interpreted as data sales if Mozilla received any financial benefit from them, '''all of which were actions that Mozilla has already been transparent & upfront about'''
 
*'''Mozilla’s Search Engine Deals Could Be Considered Data Sales''': Firefox’s default search partnerships with Google and Bing generate most of Mozilla’s revenue.<ref name="tos-announce">{{cite web
|title= Introducing a terms of use and updated privacy notice for Firefox
|url= https://blog.mozilla.org/en/products/firefox/firefox-terms-of-use/
|website= Mozilla Blog
|date=26 Feb 2025
|access-date=1 Mar 2025
}}</ref> Since user search queries & interaction data are shared with these companies, & Mozilla receives money from these partnerships, this could be classified as a data sale under the CCPA.
 
*'''Sponsored Content in Firefox’s New Tab Page Involves Data Exchange''': Mozilla displays sponsored content and ads on the Firefox New Tab page, which may involve user interaction data being shared with advertisers.<ref name="tos-update">{{cite web
|title= An update on our Terms of Use
|url= https://blog.mozilla.org/en/products/firefox/update-on-terms-of-use/
|website= Mozilla Blog
|date=28 Feb 2025
|access-date=1 Mar 2025
}}</ref> 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. 
 
'''While the new terms of use does not confirm that Mozilla intends to sell user data, & puts its current practices in-line with California's Consumer Privacy Act, ''it no longer explicitly prohibits it'', leaving open the possibility for future monetization.'''


==Community Concerns & Digging into the validity of them==
==Community Concerns & Digging into the validity of them==
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*'''Lack of clarity on why Mozilla needs a license to user input''': Users questioned why Mozilla needed licensing rights over user input when browsers have worked for 25+ years without these terms.<ref name="connect" />
*'''Lack of clarity on why Mozilla needs a license to user input''': Users questioned why Mozilla needed licensing rights over user input when browsers have worked for 25+ years without these terms.<ref name="connect" />
*'''While the new TOU does not confirm that Mozilla intends to sell user data, it no longer explicitly prohibits it, leaving open the possibility for future monetization.'''


===Concerns Likely Based on Misinterpretation===
===Concerns Likely Based on Misinterpretation===
*'''Mozilla will log & track all user browsing data''': Some users assumed the TOU granted Mozilla unlimited access to browsing history.<ref name="connect" /> However, Mozilla’s privacy policy still states that it does not store user browsing history or personal data beyond necessary telemetry.<ref name="tos-announce" />
*'''Mozilla will log & track all user browsing data''': Some users assumed the TOU granted Mozilla unlimited access to browsing history.<ref name="connect" /> However, Mozilla’s privacy policy still states that it does not store user browsing history or personal data beyond necessary telemetry.<ref name="tos-announce" />


*'''Mozilla’s telemetry data collection doesn't seem to constitute a "sale" under the CCPA''': Firefox collects telemetry data by default, including interaction metrics (such as the number of open tabs, visited webpages, & search partner referrals) & technical data (such as OS version, hardware specs, and crash reports).<ref name="telemetry">{{cite web
|title= Telemetry collection and deletion | Firefox Help
|url= https://support.mozilla.org/en-US/kb/telemetry-clientid
|website= Mozilla Support
|access-date=1 Mar 2025
}}</ref> However, Mozilla clearly says that this data is only sent to Mozilla & does not explicitly mention sharing this with third parties<ref name="privacy">{{cite web
|title= Firefox Privacy Notice
|url= https://www.mozilla.org/en-US/privacy/firefox/#notice
|website= Mozilla
|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">{{cite web
|title= CCPA Full Text
|url= https://www.osano.com/resources/ccpa
|website= Osano
|access-date=1 Mar 2025
}}</ref> 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" />


Mozilla tried to clarify where they stand on data privacy, but the way they've written their terms as well as the manner in which they communicated them has resulted in user protest & distrust.  
Mozilla tried to clarify where they stand on data privacy, but the way they've written their terms as well as the manner in which they communicated them has resulted in user protest & distrust.  
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