Is Adobe spying on you? New ToS sparks user privacy outrage



Adobe has come under fire for its updated Terms of Service (ToS) language. While Adobe embraces generative AI technology and integrates it into its products, some users are unhappy with the new terms. The update has sparked concerns about user privacy and the potential use of user content to train Adobe’s generative AI (gen AI) tools.

What’s the problem?

The new ToS states that Adobe can access user content through “automated and manual methods” for various purposes, including service delivery, content review, and improving user experience through machine learning (ML). This broad term doesn’t specify what kind of access or the extent of monitoring. Users worry this could be constant monitoring of their work, potentially capturing everything they do within Adobe applications. This raises privacy concerns, especially for users working on sensitive projects.

The ToS mentions “machine learning” for content analysis. This connects with Adobe’s recent push into generative AI tools like Firefly, which can create new images based on existing data. Users fear their uploaded content, including confidential client work protected by non-disclosure agreements (NDAs), could be used to train these gen AI models. This could lead to the accidental or unauthorized generation of images based on their confidential work, potentially causing legal issues or compromising client trust.

In the past, Adobe has trained AI features on content uploaded by contributors to Adobe Stock, its stock image library. This raised questions about informed consent and the ethics of using user-generated content for AI training, especially when dealing with potentially sensitive stock images.

In addition, the new ToS doesn’t explicitly state that user content won’t be used for AI training. This ambiguity fuels user concerns, especially considering Adobe’s past practices and the growing concerns around gen AI technology.

I can’t even uninstall Photoshop unless I agree to these terms?? Are you fucking kidding me??— Sam Santala (@SamSantala) June 5, 2024

What does Adobe say?

In a statement shared by VentureBeat, a spokesperson for Adobe said:

“This policy has been in place for many years. As part of our commitment to being transparent with our customers, we added clarifying examples earlier this year to our Terms of Use regarding when Adobe may access user content.  Adobe accesses user content for a number of reasons, including the ability to deliver some of our most innovative cloud-based features, such as Photoshop Neural Filters and Remove Background in Adobe Express, as well as to take action against prohibited content. Adobe does not access, view or listen to content that is stored locally on any user’s device.”

Adobe added clarifying examples for transparency to the ToS. They access user content for features like content moderation, illegal activity detection, and cloud-based functionalities. They emphasize they don’t access locally stored content on user devices.

“We remain committed to transparency, protecting the rights of creators and enabling our customers to do their best work,” Adobe writes on its website.

Still, the ambiguity in the ToS and growing concerns around gen AI have some users threatening to cancel their Adobe subscriptions. It’s still unclear if this backlash will significantly impact Adobe’s business, that remains to be seen. However, it highlights the need for clear communication and addressing user concerns regarding data privacy and AI practices.

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