If You're A Terrorist, You're Not Allowed To Use iTunes

from the that'll-show-them dept

Michael Scott points us to someone who was reading carefully through the iTunes terms of service, and noticed that it appears to say that you can’t use the program if you’re recognized as a terrorist by the US government. The specific clause reads:

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

And, as Nate Oman notes:

Notice, as I read this clause not only are terrorists — or at least those on terrorist watch lists — prohibited from using iTunes to manufacture WMD, they are also prohibited from even downloading and using iTunes. So all the Al-Qaeda operatives holed up in the Northwest Frontier Provinces of Pakistan, dodging drone attacks while listening to Britney Spears songs downloaded with iTunes are in violation of the terms and conditions, even if they paid for the music!

That’ll show ’em…

Now wouldn’t that be a great lawsuit? Seeing Apple take those on the US terrorist list to court for breaking their iTunes terms of service?

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Comments on “If You're A Terrorist, You're Not Allowed To Use iTunes”

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32 Comments
Pixelation says:

I figured it out. When the government catches a terrorist and wants to convict them without revealing their evidence and how they got it, they will simply pull out the confiscated ipod.
“Ladies and gentelmen of the jury, This man had the audacity to commit a most heinous crime. HE USED ITUNES! Death is the only reasonable sentence!”

Andrew (profile) says:

These terms are pretty standard and appear in quite a lot of US EULAs, though it would be a great lawsuit. ๐Ÿ™‚

Along similar lines, Sun prohibits the use of Java for running nuclear facilities, whether or not you’re on a watch list.

“You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility.”

Steven (profile) says:

Re: Re:

Actually, the reason behind that is because Java isn’t accurate enough in it’s programing to run nuclear facilities. I know this b/c I’m a computer science major and I work with Java. Java programs allow for a margin or error when doing math problems. That would (not could) be catastrophic if they designed a program that added did whatever in a nuclear power plant.

Steven (profile) says:

Re: Re:

Actually, the reason behind that is because Java isn’t accurate enough in it’s programing to run nuclear facilities. I know this b/c I’m a computer science major and I work with Java. Java programs allow for a margin or error when doing math problems. That would (not could) be catastrophic if they designed a program that added did whatever in a nuclear power plant.

Michael Manry (profile) says:

Wrong Target

Isn’t the intent of putting countries on such a “list” to bring those countries back into some acceptable norm, or to cause regime change? I would think allowing the citizens of said countries access to iTunes would expose them to outside cultures, and wouldn’t that be a good thing? Unless, of course, iTunes has some military application about which we don’t know.

:) says:

It could get worse.

The forgot some other stuff:

– If you are a child molester you are prohibit from using this service.
– If you are a fraudster you are prohibit from using this service.
– If you cheat on your spouse you are prohibit from using this service.
– If you kick a dog(mistreat animals) you are prohibit from using this service.
– If you are an embezzler you are prohibit from using this service.
– If you beat children you are prohibit from using this service.

Hmmm…they forgot the children, think of the children.

Although more likely this is as another person pointed out more likely to be a by product of export restrictions and other laws, being worded in a funny way(but it is not). Would be funny to see someone challenge this in court as to see if a citizen looses all his rights after a conviction what would it mean to millions who have a past and are convicted from the banal to the really serious?

Would society really want to enforce this kind of extravagant behaviour, it seems extreme to not let anybody use something. Well that is why people should use other types of service and it is great that Tech Dirt keeps an eye for those things and many readers here point to it when they found things.

Brandon (profile) says:

Possibly by existing law...

I think this has to do with existing laws that do now allow companies to do business with known/suspected terrorists, embargoed countries, etc…

Unfortunately I seem to have a hard time finding such law (I know I’ve seen it before though) since my google-fu seems to be failing me.

So take my comment with a grain of salt…

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