Meta has been using user content on Instagram for AI data scraping. If you haven't known this yet, you need to scroll further on IG the next time you open the app.

Once you scroll through your feed, a peculiar trend will greet you: users posting messages asserting that they, not Instagram, own the copyright to their images and posts.

This wave of posts is driven by growing concerns about AI and how Meta, Instagram's parent company, uses user-generated content to train its AI systems.

Behind the AI Fear in Instagram's AI Scraping

The surge in these posts stems from fears about AI's reach and the privacy of personal content.

As Meta expands its AI capabilities, some users are pushing back, worried their posts are being used without their consent. Unfortunately, these fears might already be a reality-most user content is likely already part of Meta AI's training data.

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The Legal Reality of Copyright on Instagram

The posts declaring user copyright are reminiscent of past social media trends where users attempted to assert control over their data with copy-and-paste messages. These messages have included claims like denying Facebook permission to charge accounts or use data for studies.

"If someone says in a post that they own the rights to future posts, that has no legal teeth whatsoever," Emory University's School of Law professor Nicole Morris tells Fast Company.

However, these efforts are as effective as telling the sun not to shine.

Instagram's terms of service clearly state that users retain ownership of their photos. However, by using Instagram (or any Meta service), users grant the company a non-exclusive, worldwide, transferable license to "host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works" of their content. This license remains in effect until the content is deleted.

Data Privacy: U.S. vs. Europe

U.S. online privacy laws are relatively lax, allowing companies like Meta to use public posts for AI training without explicit user consent. However, things are different in Europe.

Due to stringent EU laws, Meta recently notified European users that it would start using their public information for AI training from June 26.

European users have the right to opt out by navigating to their Facebook account settings, selecting "data settings," then "off-Facebook activity," and turning off "data sharing" and "AI model training."

For some users, Meta's plans to train AI are 'highly awkward.' According to BBC, Austrian activist Max Shrem says it's completely absurd for the Facebook maker to shift the responsibility to the user.

Instagram users can find similar options under "settings," "about," and "privacy policy."

Limited Options for U.S. Users

In contrast, U.S. users have fewer options. There is no direct opt-out feature as in Europe. However, users can set their accounts to private and delete any saved data by entering "/reset-all-ais" in the chat window. While these steps provide some level of control, they are not foolproof.

Ensuring Your Data Isn't Used

The most effective way to ensure your data isn't used for AI training is to avoid posting it altogether.

As Morris succinctly puts it, "If you really don't want to have your content used for training, then don't post it." This might not be the most appealing solution for social media enthusiasts, but it remains the only guaranteed way to protect your data from being used by Meta AI.

As AI continues to evolve, so too will the concerns surrounding data privacy and usage. While Meta's terms of service provide a certain level of transparency, the issue remains on users to understand the implications of sharing their content.

Whether by opting out where possible or reconsidering what to post, users have some tools at their disposal to maintain control over their digital footprint.

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