Facebook's terms of service (TOS) used to say that when you closed an account on their network, any rights they claimed to the original content you uploaded would expire. Not anymore. In other words, if you infringe someone else's copyright by uploading material for which you do not have the right, then it is your fault and not Facebook's. And you assert that all the content you upload is yours to hand over forever to Facebook. "Hand over forever"?

2. "You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof."

Yes, "hand over forever". They can do anything they want with it, even if you close your account. The previous TOS made it clear that, once you cancelled your account with Facebook, they would no longer retain these rights over your uploaded materials. However, things have changed. Now, even if you have left Facebook, the company can use your name and any photos or other content you uploaded in their advertising or "in connection with the Facebook Service". But what is the "Facebook Service"?

3. The "Facebook Service" is much more than what people normally think of as "Facebook-the-website". It can include any medium currently existing (books, films, audio, or whatever) and any medium developed in future. As detailed in the company's new TOS, "The 'Facebook Service' means the features, services and properties that Facebook makes available through (a) www.facebook.com or any other Facebook-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Facebook Platform and ( c ) other media, devices or networks now existing or later developed."

So what will happen to all this info when they go bankrupt?...Then it gets sold to whoever buys the bankrupt company's assets :-(

UPDATE: It appears in the wake of global attention and outcry, Facebook has, as of at least 12:27 am, reverted back to the previous Terms of Service. Phew, now we can all go back to sending each other digital cupcakes without Big Brother watching us. This is a temporary move until Facebook can draft a new Terms of Service that addresses the users' concerns. CEO Zuckerberg wrote a new blog post, and Facebook spokesperson Barry Schnitt released this statement:

Hi everyone,

First, I want to apologize for the delay in response. It's been a long day with lots of interesting and constructive discussions. Second, I want to thank you for your questions and concerns. As Mark expressed in his blog post on Monday, it was never our intention to confuse people or make them uneasy about sharing on Facebook. I also want to be very clear that Facebook does not, nor have we ever, claimed ownership over people's content. Your content belongs to you.

We do need certain licenses in order to facilitate the sharing of your content through our service. That's where the Terms of Use come in. The fact that you've raised the questions you have is proof that we haven't done a good job explaining these licenses in the actual language of the document. In fact, as we were working to answer your questions, we realized the new version of the Terms might technically permit some of the hypothetical situations people have offered. I can assure you, however, that these hypotheticals aren't ones we had in mind when writing the Terms, and that selling user information for profit or using it to advertise Facebook in some way was never part of our original intent. Assurances aren't enough, though, and we plan to codify this in our revised Terms through simple language that defines Facebook's rights much more specifically.

In the meantime, we've decided to revert to the old Terms as we work to address this. Mark has explained this in more detail in another blog post (http://blog.facebook.com), and we've created a group where people can provide input (http://www.facebook.com/group.php?gid=69048030774). We hope you'll join this group and post comments. We promise to use these comments to help construct a new Terms of Use that reflects the principles around how people share and control their information, and that's written clearly in language everyone can understand.

I hope you don't think your participation in this discussion was a waste of time. Honestly, your questions were very helpful to us in arriving at what we believe is the right decision. Also, I think your questions will continue to be useful as we're crafting a new Terms.

Again, thanks for the fruitful discussion and a special thanks to Anne Katherine and Julius for setting up this feedback forum. We hope you'll all join our "Facebook Bill of Rights and Responsibilities" ( http://www.facebook.com/group.php?gid=69048030774 ) group and continue discussing these issues there.