"It's asking people to agree to unspecified future commercial use of their photos," Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, told CNET. "That makes it challenging for someone to give informed consent to that deal."
"Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you."
However, Instagram and its parent company Facebook could face state privacy laws, The New York Times reports.
"You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such."
CNET points out that the language may conflict with the Federal Trade Commission's guidelines that requires advertisements be listed as such.
Instagram did not comment on specifics regarding its plans for advertising, but did release this statement to CBS News:
"As we've said in the past, we are continuing to evaluate when, how, and in what form advertising inside Instagram plays a role in creating value for users and brands alike."
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