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ZOOM SAYS IT ISN’T TRAINING AI ON CALLS WITHOUT CONSENT. BUT OTHER DATA IS FAIR
GAME

FILE - A display for Zoom Video Communications is shown ahead of the company’s
Nasdaq IPO in New York. An update to Zoom’s terms of service in March 2023 have
some online worried that the company is using their data to train artificial
intelligence, without giving them the ability to opt out. But Zoom says that’s
false and online privacy experts agree, with some caveats. (AP Photo/Mark
Lennihan, File)

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1

1 of 1 | 

FILE - A display for Zoom Video Communications is shown ahead of the company’s
Nasdaq IPO in New York. An update to Zoom’s terms of service in March 2023 have
some online worried that the company is using their data to train artificial
intelligence, without giving them the ability to opt out. But Zoom says that’s
false and online privacy experts agree, with some caveats. (AP Photo/Mark
Lennihan, File)

Read More
1 of 1
Zoom AI Fact Focus

FILE - A display for Zoom Video Communications is shown ahead of the company’s
Nasdaq IPO in New York. An update to Zoom’s terms of service in March 2023 have
some online worried that the company is using their data to train artificial
intelligence, without giving them the ability to opt out. But Zoom says that’s
false and online privacy experts agree, with some caveats. (AP Photo/Mark
Lennihan, File)

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Read More
By Melissa Goldin
Updated [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] Updated
2:55 PM GMT+2, August 9, 2023
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An update to Zoom’s terms of service is raising alarm bells on social media,
with users claiming it reveals the videoconferencing company is now tapping
their online doctor visits and virtual happy hours to train artificial
intelligence models.

“Zoom terms of service now require you to allow AI to train on ALL your data —
audio, facial recognition, private conversations — unconditionally and
irrevocably, with no opt out,” read one widely-shared tweet this week that has
since been deleted. “Don’t try to negotiate with our new overlords.”

The company quickly responded with a blog post on Monday stressing that it “will
not use audio, video, or chat customer content to train our artificial
intelligence models without your consent,” and adding a line to the terms to
make this clearer.



Online privacy experts say that this policy is now accurately reflected in the
document. However, the terms do still allow Zoom to train AI on other data, such
as how customers behave — and they question how much choice some meeting
participants will have to opt out if, say, their boss decides otherwise.

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Here’s a closer look at the facts.



CLAIM: Zoom’s terms of service give the company permission to use all customer
data, including private conversations, for training artificial intelligence,
with no ability to opt out.

THE FACTS: That is not accurate, at least now that Zoom has added language to
the terms to make its policy clearer, experts say.

The current terms would not allow the company to tap user-generated content like
video and chat for AI training without a customer opting in. However, once a
meeting host agrees, other participants would have to leave if they don’t want
to consent. The terms also allow Zoom to use other data, including information
about user behavior, without additional permission.



“The face of these terms of service does now assure the user that Zoom is not
going to use their customer content for the purpose of training artificial
intelligence models without their consent,” John Davisson, director of
litigation and senior counsel at the Electronic Privacy Information Center, told
The Associated Press.

At issue is language Zoom added to its terms in March. The document
differentiates between two types of data: “service generated data,” such as what
features customers use and what part of the world they are in, and “customer
content,” which is the data created by users themselves, such as audio or chat
transcripts.

The terms state that service-generated data can be used for “machine learning or
artificial intelligence (including the purposes of training and tuning
algorithms and models.” Zoom’s blog post says the company considers such data
“to be our data,” and experts confirm this language would allow the company to
use this data for AI training without obtaining additional consent.

Separately, the terms say that customer content may also be used “for the
purpose” of machine learning or AI.

After this was highlighted on social media this week, the company clarified in
its post that this refers to new generative AI features that users must agree
to, which create things like automated meeting summaries for customers. Zoom
said in a statement to the AP that in addition to enabling the features for
themselves, users must separately consent to sharing this data with the company.



Experts said that the language in the March update was wide-reaching and could
have opened the door for the company to use that data without additional
permission if it wanted to.

But Zoom added a more explicit caveat to the terms on Monday, saying:
“Notwithstanding the above, Zoom will not use audio, video or chat Customer
Content to train our artificial intelligence models without your consent.”

With this language, Davisson said that using such data to train AI without a
user consenting would now constitute a violation of the terms on Zoom’s part,
opening the company up to litigation.

However, experts said the way this function works could still pose problems for
some participants in Zoom calls if the host opts into the generative AI
features.

Zoom says that if a meeting organizer decides to use the meeting summary
feature, participants are sent a notification alerting them that an AI feature
has been enabled and that their data may be shared for AI training. They are
prompted to either proceed with the meeting or to leave.



Although this in theory offers all participants the ability to control how their
data is used, it may not be possible for someone to opt out of a meeting or
forgo Zoom altogether if they disagree, said Katharine Trendacosta, director of
policy and advocacy at the Electronic Frontier Foundation.

“If the administrator consents and it’s your boss at your work who requires you
to use Zoom, how is that really consent?” she asked.

Davisson has similar concerns.

“That sort of just-in-time acquisition of ‘consent,’ is not real consent,” he
said. “And so that’s a pretty misleading caveat from them to introduce. It
claims to rest on consent, but what it’s resting on really is just sort of what
the meeting organizer or system administrator has decided to do.”


___

This is part of AP’s effort to address widely shared misinformation, including
work with outside companies and organizations to add factual context to
misleading content that is circulating online. Learn more about fact-checking at
AP.

Melissa Goldin
Melissa is a reporter/editor on the News Verification desk.

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The Associated Press is an independent global news organization dedicated to
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