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  • Facebook’s New Terms Of Service: “We Can Do Anything We Want With Your Content. Forever.”

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    Chris Walters
    The Consumerist
    February 17, 2009

    This post has generated a lot of responses, including from Facebook. Check them out here.

    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.

    Now, anything you upload to Facebook can be used by Facebook in any way they deem fit, forever, no matter what you do later.* Want to close your account? Good for you, but Facebook still has the right to do whatever it wants with your old content. They can even sublicense it if they want.

    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.

    That language is the same as in the old TOS, but there was an important couple of lines at the end of that section that have been removed:

    You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

    Furthermore, the "Termination" section near the end of the TOS states:

    • A d v e r t i s e m e n t
    • efoods

    The following sections will survive any termination of your use of the Facebook Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Facebook Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.

    Make sure you never upload anything you don’t feel comfortable giving away forever, because it’s Facebook’s now.

    (Note that as several readers have pointed out, this seems to be subject to your privacy settings, so anything you’ve protected from full public view doesn’t seem to be usable in other ways regardless.)

    Oh, you also agree to arbitration, naturally. Have fun with that.

    Update: Several Facebook groups have formed to protest the new TOS:
    "People Against the new Terms of Service (TOS)"
    "FACEBOOK OWNS YOU: Protest the New Changes to the TOS!"
    "Those against Facebook’s new TOS!"


    Update 2: Facebook founder Mark Zuckerberg has posted a response on the Facebook blog. A crude summary: "trust us, we’re not doing this to profit from you, it’s so we are legally protected as we enable you to share content with other users and services." His point, I think, is that there are interesting issues of ownership and rights clearance when you’re dealing with content shared in a social network:

    Still, the interesting thing about this change in our terms is that it highlights the importance of these issues and their complexity. People want full ownership and control of their information so they can turn off access to it at any time. At the same time, people also want to be able to bring the information others have shared with them-like email addresses, phone numbers, photos and so on-to other services and grant those services access to those people’s information. These two positions are at odds with each other. There is no system today that enables me to share my email address with you and then simultaneously lets me control who you share it with and also lets you control what services you share it with.

    Update 3: I just found this clarification posted earlier this afternoon on The Industry Standard. It was emailed to them by a Facebook representative and seems to confirm that your privacy settings trump all else:

    We are not claiming and have never claimed ownership of material that users upload. The new Terms were clarified to be more consistent with the behavior of the site. That is, if you send a message to another user (or post to their wall, etc…), that content might not be removed by Facebook if you delete your account (but can be deleted by your friend). Furthermore, it is important to note that this license is made subject to the user’s privacy settings. So any limitations that a user puts on display of the relevant content (e.g. To specific friends) are respected by Facebook. Also, the license only allows us to use the info "in connection with the Facebook Service or the promotion thereof." Users generally expect and understand this behavior as it has been a common practice for web services since the advent of webmail. For example, if you send a message to a friend on a webmail service, that service will not delete that message from your friend’s inbox if you delete your account.

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    Comment Rules

    90 Responses to “Facebook’s New Terms Of Service: “We Can Do Anything We Want With Your Content. Forever.””

    1. Jay Says:

      Its time to stand up against these evil people attempting to take our freedoms. Enough is enough.

      Lookout Reply:

      get involved with a local group in your area. If there isn’t one, MAKE ONE! I know of a local group that attends all parades and forms different groups to go to different places to talk with people (Joe Public) and hand out DVD’S. To date over 30,000 DVD’s have been handed out. Thats Thirty thousand!!! The whole group pitches in financially and to do the foot work. The last I heard they had mailed a DVD and some news print to every firestation in the area I think it was 56 of them…So tell me arm chair warriors, what have you done or what are you doing besides typing on this site?

    2. 2bwise Says:

      I wonder what would facebook do if everybody only wrote about the illumanotti,skull & bones etc.?

      istandalone1990 Reply:

      tht would be awsome but unfortunitley lol most people that use things like facebook and all tht dont realy care about the nwo and all tht

      brad Reply:

      Then lets go spam the s--- out of facebook and c what they do. Maybe ill get some police at my door :)

    3. Max Says:

      Amazing, twice the local police have arrested people around my hometown from evidence obtained from Facebook.

      Max Reply:

      This was reported in the local paper.

      brad Reply:

      so I should Remove my joint smoking pics then?

      Joe Smith Reply:

      ASAP. Anything that could incriminate you. look at what they are doing to phelps.

      Additionally, you should be aware that all your internet searches are saved by google. 200 million a day all across the nation. Why should you care…. they can track your searches to your ip address and then file charges against you based on your search habits. Just wait that will be happening more often soon.

      jc Reply:

      Wow lol

    4. AZ Patriot Says:

      Big Brother Government has dispatched all tools available …this younger generation has no clue what kind of demonic system they signed onto …..helped to develop …and will be thier downfall
      it is common knowledge “they”read and track everything,heck even your cell phone is a tracking device……..

      __________________________
      __________________________
      __________________________
      __________________________
      _________________*********
      _________________*********
      _________________*********

      Joe Smith Reply:

      The older generation does not know what kind of system they are getting into or at least a large percentage of them don’t. They have a better idea of the old concepts of liberty that is about all.

      Joe Smith Reply:

      Fly the real flag my friend.

      Ed Brotherton Reply:

      Well the good news is, is that the very thing we are worried about as it relates to privacy and intellectual property rights can be used to promote the very evil deeds and spread the word to shut them. We can use it like a virus that will eat there own corruption alive.

    5. Gary Says:

      Well, since I have some of my artwork and music on Facebook, they’re, basically saying they will willfully violate my copyright. We’ll see about that.

      Joe Smith Reply:

      They will claim that you signed and agreement when you entered their sight giving them the rights to all content. Thing is they have the money to win in court because the court system is designed to defend corporate America.

    6. Joe Smith Says:

      then your friend will get fined and or go to jail.

      I was going to say that in the case of Copyrighted material they might have a problem but this is not the case. Because you signed the contract by opening an account and agreeing to their terms any content you place on their sever is theirs for life to use as they see fit.

      In the case of a friend placing your patented or copyrighted work on the site. you might have a cause for removal because you did not agree to post it. however, your friend will get nailed to the wall by the copyright and fraud laws.

      This TOS is bulls---. As an author I find it totally unethical. It appears that all people with works posted on that site are being used as unpaid labor for facebooks end profit. As all works published on their site are theirs all works are able to produce them profits. I would file a class action suit against facebook for violation of intellectual property rights and whatever else my attorney wanted to tac on.

      STAND UP! FIGHT THE NEW WORLD ORDER! Reply:

      ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
      CHECK OUT MY SONG PEOPLE! ITS CALLED ## – A NEW WORLD ORDER – ##

      IM TRYING TO SPREAD THE MESSAGE AROUND!!
      ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

      JOE SMITH,

      i am annoyed but somewhat confused, does this mean that if i even post a link to a site containing my own work, onto facebook.
      Does this mean that facebook can do what they want with it?

      IF so , they can f--- off! il personally see to it that they get their punishment for anything i deem unfair!

      it seems to me this is just another blow to security and freewill/freespeech on the internet!!

      WAKE UP PEOPLE!!

      to be fair i do use facebook myself, however we all know that facebook is a tool just like myspace to categorize you and find out info / political stances etc…. of the people en masse!

      WE REALLY NEED TO SPREAD THE WORD!

      Joe Smith Reply:

      I would be safe and not put anything on facebook you don’t want to have stolen by facebook.

      I can’t say for sure what will happen with links to other sites. It sounds like facebook is doing a pr tap dance now in an attempt to confuse and distort information.

      Jake Sussman Reply:

      Screw Facebook. They are going to lose sooo many people now. I never liked Facebook anyways… I’m more of a Myspace guy. =)

    7. The Real History Channel Says:

      I have never used FaceBook or any other social networking sites but for the people who do this is a real problem. Any company or internet website that gives away peoples private information in any way should not be supported. BoyCott FaceBook.

    8. dg Says:

      why in the hell would anyone put privite info on any of these web sites,the less [they ] know the better we are,get with it and dont put info on yourself out there dummys

      Joe Smith Reply:

      Because it was trendy and the cool thing to do… Easy networking was the mantra.

    9. Monty Says:

      MYSPACE went through this exact same thing 4 or 5 years ago. People should just know that ANYTHING you upload to the interwebs can and will be used by other people.

    10. anon Says:

      “Trust us, we’re not doing this to profit from you” – Mark Zuckerberg

      You see, this is what it always comes down to. Are you going to trust the people you rely on?? I sure don’t like the idea of “trusting” George Bush not to abuse the Patriot Act. I sure don’t like the idea of “trusting” the Queen not to abuse her powers as Head of State.

      This is all bulls---.

      Joe Smith Reply:

      Do not trust any major information hub. Google, MSN, Youtube…etc.

    11. Monty Says:

      why do my posts not show up?

      codface Reply:

      Well this one has….. Sometimes they get “jammed” or corrupted while processing. Just give it a moment and try again….. Heavy servers.

      Joe Smith Reply:

      Infowars website is messed up.

    12. tp Says:

      This is another non story fron infowars with a catchy title to get some page hits. This article says If you delete your account, notes you sent to your friends won’t be deleted, big freakin deal. OOOOOOOOOHHHHH I’m scared. grow up people.

      Yournot Scared Reply:

      You’re just naive. Next time you have a nice bottle of evian water go stand in front of a mirror.

      Then take a picture and put it on facebook.

      codface Reply:

      READ IT MORON!

      “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.”

      brad Reply:

      Then they can Take those notes and use it for whatever they want with it, Including Illegal shiit. I think TP needs to learn how to Read the full artical and not just reading half of it and moving on.

    13. codface Says:

      Iv just closed my facebook account after reading this…… When you terminate your account it gives you options to inform them the reason why, And a comment box underneath….. My respons:

      “Because you are CIA sell-out shills”

      Short and sweet….. I suggest you all do something similar!

      Joe Smith Reply:

      This is actually a true statement. They also have ties to the DOD.

    14. Mike Philbin Says:

      what’s the point of facebook when mankind’s lost its human face?

    15. wickersham1 Says:

      Just don’t bother with a Facebook profile – problem solved.

    16. Frank Schlözer Says:

      its a safe system as long as noone figures out how to slit prime numbers.

    17. Frank Schlözer Says:

      split -.-

    18. Frank Schlözer Says:

      my first comment, in which i advised to use OpenPGP or GnuPG for private communication, diasappeared. Use GnuPG for free, its open source, it’s a safe system as long as noone figures out how to split prime numbers! In addition, u dont send all of your information, which you want to be secure and private, to a third party, which is actually an insane concept -.-. Just use OpenPGP. Encrypt your emails.

    19. John Back From The Club of Rome. Says:

      NEVER LEAVE A PAPER OR E TRAIL.

      Joe Smith Reply:

      It’s impossible to not leave an e-trail. Most things can be tracked back to you by your ip address, then to the mac address on your pc. From there it’s a small matter for them to make a case.

      jc Reply:

      Yep this is true just go and look at your yahoo or something and it tracks and stores all data onto the database that you send I mean years and years dating back. They store everything sent and receeved at their hubs

    20. Frank Schlözer Says:

      i think the new media has to make up a new code, like the holy medicine code, to never, never, never use subliminal messages and use manipulation techniques in future.

      Manipulation and subliminal psychological manipulation should be criminalized.

      People just get zombiefied by today’s mass media.

    21. Barack Obama Says:

      BEHOLD THE NECROMANCER! THE BEAST OF REVELATION 13 IS HERE!!!
      http://www.youtube.com/watch?v=6rRdQ0Lx47E

    22. Frank Schlözer Says:

      the old media, the new media is great :D

    23. n/a Says:

      this is NOT NEW PEOPLE READ EVERY SINGLE TOS YOU CLICK TO AGREE TO when you sign up for ANY Corporations – yahoo, google, facebook, myspace, timewarner, aol, etc….

      n/a Reply:

      oops forgot to finish the sentence… :) – well anyone of those do the exact same thing…and say the same thing…

    24. Frank Schlözer Says:

      the great thing about publishing under your real name is, you post so much information that noone can make sense of it anyway.

    25. brad Says:

      Maybe he just wants to find out himself, wats really going on, and bringing back Classifed infomation. And get the training so he could fight them off :)

    26. Fear-Not Says:

      http://www.youtube.com/watch?v=UGn_E3nywr0

    27. Mark Says:

      Here is an opportunity for someone to create the next Facebook to compete with the current facsist Facebook. Facebook would lose their business to the new competitive one.

      Let Facebook know you are going to choose another over them who abide by the Constitution if they implement their new agenda.

      GalaxyRangers Reply:

      I agree with you totally. We need another new site like facebook.
      I believed that these are the same people of Bush which implemented the Patriotic Act. Seems like they never gonna stop robbing people’s freedom. New world order sounds so true.

    28. Benjamin Martin Says:

      even MTV is worried?? check it out,,,,

      http://www.youtube.com/watch?v=reCpV1YHuYs

      Joe Smith Reply:

      Because there is cause to be worried.

    29. Benjamin Martin Says:

      shove your martial law,,,,, check it out,,,

      http://www.youtube.com/watch?v.....c&NR=1

    30. speed Says:

      WHAT ABOUT MYSPACE ????

    31. Benjamin Martin Says:

      martial law is “classified” ???? watch the video….even rep John Haller(r) Pennsylvania does a double take as he reads this,,, watchthe video

      http://www.youtube.com/watch?v.....c&NR=1

      Grim Reply:

      Look, that’s a video made by satire publication the onion. Take your chicken little bulls--- and shove it back up the ass from whence you’ve pulled it.

      Benjamin Martin Reply:

      chicken little ehh?? the dhs and fema just finished up in Illinois,, about how they were to find areas for mass graves ,, for whatever “emergency arises” is that chicken little?? but i wont tell you where to shove anything,,, most people who have called patriots chicken littles will one day (soon) eat their words,,,

      Graft Reply:

      i hope Steven Colbert gets a hold of this and replaces all the classifieds with his name, make himself look big again LULZ

      but yeah, sad day when a bill is read with censorship.

      Graft Reply:

      keep in mind, if this is real, he said:

      Classified, flesh eating classified, ….

    32. Lookout Says:

      Get involved with a local group in your area. If there isn’t one, MAKE ONE! I know of a local group that attends all parades and forms different groups to go to different places to talk with people (Joe Public) and hand out DVD’S. To date over 30,000 DVD’s have been handed out. Thats Thirty thousand!!! The whole group pitches in financially and to do the foot work. The last I heard they had mailed a DVD and some news print to every firestation in the area I think it was 56 of them…So tell me arm chair warriors, what have you done or what are you doing besides typing on this site?
      Here is a great place to start no matter where you live. http://9-11.meetup.com/boards/

    33. Jess Says:

      That’s kind of crazy. It’s the price we all pay to be “connected”
      Most people don’t even read the terms of service. I know I don’t. That’s the debate of the day: http://www.newsy.com/videos/facebook_face_off

      Although, if you set your privacy settings in an extreme way, as in high privacy, it’s good to know this acts as a shield to what facebook can do because they can’t see your content.
      Good to know.

    34. Non-stroy Says:

      NONSTORY!

    35. Joe Smith Says:

      Interesting. If you must know you hit on a topic for the 21st century. It’s called network tactics. And, I am not talking about just computer networks.

    36. Texjohn Says:

      say this young kid is making millions off of the folks around the world. He sounds like he is selling out to big brother for more coinage..! hmmm well like one poster said you can start your own web site. Just get a html web kite at your local internet store that sells software and u can get it going on. Also what about those blogs??? hmmmm those things you post about your life HA…Remember your being screened by the big “G” man (aka govt’) thats where the term “G” started from well at least in my early life lol..but that letter means something else now, to the younger gen. Really your life is being logged from the time you are born until death. S.S number, school, college, military service/job, Marriage, court dates, TAX’S, and of course pay checks..But the one thing that is important folks there is one person that logs your life and nows you and loves you..YES YOU…Know who it is….????? give up…GOD yes GOD and Jesus…..and the holy spirit…but those are the only ones that you need to worry about and then you do not have to worry if your a CHRISTIAN…remember he loves you and wants you to love him…so ask for your forgiveness and accept Christ as your saviour….SMILE GOD LOVES YA…AND WAITING FOR YOUR CALLS TO HIM NOW….AND HE DOES ACCEPT CREDIT CARDS AND CELL PHONES…:) MEANING CALL HIM AND HE SHALL ANSWER YOUR PRAYERS….FOLKS I DON’T MEAN THAT ON THE CREDIT CARDS LOL JUST MAKING A POINT…HE IS WAITING FOR YOU TO TALK TO HIM AND HE IS ALWAYS THERE….:)
      ALEX KEEP UP THE GOOD WORK BROTHER….:)

      TEX..

    37. TEX Says:

      CONNECT THE NWO BOOT TO YOUR ASS !!!!
      ANYBODY THAT USES ANY OF THAT s--- IS
      A REAL LOSER ANYWAY

    38. -Freedom Forever- Says:

      I think the guys at MySpace shut me down.

      I was getting real effective, added nearly 5000 friends over the last few months on what, information.

      Now, my account is nearly always down for maintenance. Go figure.

      Facebook is CIA, Doesn’t surprise me. I don’t have much anti-NWO stuff on there anyway. Only Alex Jones’ movie names, that’s it.

      -Freedom Forever-

      Tyranny, NEVER!

    39. bfgbfg Says:

      send the founder of facebook a message :

      http://www.facebook.com/home.php#/profile.php?id=4

    40. Danibel is my real name Says:

      http://www.facebook.com/group......amp;ref=mf

      I made a group as well.

    41. youtube.com/orwellbernays Says:

      FAIL.

      http://photos-g.ak.fbcdn.net/p.....8_4575.jpg

    42. turonkusu Says:

      BAM!! FACEBOOK DROPS THE TERMS OF SERVICE and goes back to the old ones, is a victory,however small, for us

    43. Dimension^Heart >:[ Says:

      hahaha all those hot young 14 year old tramps posten their ass and body on that site.
      well i guess everyone has a facebook thingy ha. its funny as hell hahaha
      i know a few girls that have all sorts of stuff on their facebook that could be used against them!!
      dont yeh know the goverment is in control of facebook and other to know who yeh are.

      stupid facebook. yeh i heard it on radio. i see it hear now ha
      SWED

    44. Mike Philbin Says:

      well, done, infowars…

      Facebook ‘withdraws’ data changes:
      http://news.bbc.co.uk/1/hi/technology/7896309.stm

    45. yepyep Says:

      a wake up call for zeitgeist zombies apologetics.blip.tv/file/1604769

    46. Desert Eagle Says:

      What’s facebook, and why should I care?

    47. info Says:

      you can use a PROXY service like TOR to _hide your private IP_:

      http://www.torproject.com

      you can also visit security sites like:

      http://www.packetstormsecurity.org
      http://www.securityfocus.com.com

      to get some knowledge.

    48. 123 Says:

      you can use a PROXY service like TOR to _hide your private IP_:

      http://www.torproject.com

      you can also visit security sites like:

      http://www.packetstormsecurity.org
      http://www.securityfocus.com.com

      to get some knowledge…

    49. 123 Says:

      you can use a PROXY service like TOR to _hide your private IP_:

      http://www.torproject.com

      you can also visit security sites like:

      http://www.packetstormsecurity.org
      http://www.securityfocus.com.com

      to get some knowledge..

    50. 123 Says:

      everything which is NOT encrypted or anonymous on / over the internet can be:

      logged, stored, saved, used, manipulated, abused, sold, tacked, traced, profiled and so on …

    51. 123 Says:

      here is a live example about a group of morons who used facebook for intrusion into
      companies , registered on facebook, with fake profiles:

      http://www.packetstormsecurity.....n.txt.html

      Warning: dont do such things – they are just a bunch of morons .. and their action is most dumb
      and LAME of course … they just abuse the trust of other people …

      dont trust virtual reality too much ..

    52. nix Says:

      By the way: did you knew that yahoo is making a copy of every email you become and send ?

      Even if you delete your yahoo account they can keep all your emails forever if they want.

      It is all written in their policy.

      You can expect this on most of these sites / services: social site, messanger, email, online store
      and so on.

      ICQ for example is storing every message you send about their service and after you hit “send”
      they have 100% copyright of what you said and they can sell it , manipulate it and do whatever
      they want with it.

      So read the policy on any site / service you use. YOU ARE SOLD!

      Go better away from these parasites.

      another good site:

      http://www.google-watch.org

    53. 123 Says:

      By the way: did you knew that yahoo is making a copy of every email you become and send ?

      Even if you delete your yahoo account they can keep all your emails forever if they want.

      It is all written in their policy.

      You can expect this on most of these sites / services: social site, messanger, email, online store
      and so on.

      ICQ for example is storing every message you send about their service and after you hit “send”
      they have 100% copyright of what you said and they can sell it , manipulate it and do whatever
      they want with it..

      So read the policy on any site / service you use. YOU ARE SOLD!

      Go better away from these parasites

      another good site:

      http://www.google-watch.org

    54. 123 Says:

      By the way: did you knew that yahoo is making a copy of every email you become and send ?

      Even if you delete your yahoo account they can keep all your emails forever if they want.

      It is all written in their policy.

      You can expect this on most of these sites / services: social site, messanger, email, online store
      and so on.

      ICQ for example is storing every message you send about their service and after you hit “send”
      they have 100% copyright of what you said and they can sell it , manipulate it and do whatever
      they want with it….

      So read the policy on any site / service you use. YOU ARE SOLD!

      Go better away from these parasites.

      another good site:

      http://www.google-watch.org

    55. info Says:

      By the way: did you knew that yahoo is making a copy of every email you become and send ?

      Even if you delete your yahoo account they can keep all your emails forever if they want.

      It is all written in their policy.

      You can expect this on most of these sites / services: social site, messanger, email, online store
      and so on.

      ICQ for example is storing every message you send about their service and after you hit “send”
      they have 100% copyright of what you said and they can sell it , manipulate it and do whatever
      they want with it.

      So read the policy on any site / service you use. YOU ARE SOLD!

      Go better away from these parasites.

      another good site:

      http://www.google-watch.org

    56. sherry Johnson Says:

      Consider the source.

    57. TheGhost Says:

      to those of you who have a facebook/myspace and want to delete their account : you cant ever delete that stuff.. theres no point in trying.. what you do is just go through and change all the info, make s--- up, and just basically turn your account into nothing.. i did this with my emospace account so when i go to pull it up it doesnt have any of my info… dont even bother tryin to delete it cuz it will never go away

    58. anonymous Says:

      Some sites hacking sites for learning:

      http://www.thc.org
      http://www.phrack.com