Even though Instagram has recanted a good portion of its new, and much hated terms of service, a class action suit is still underway by users
The great uproar at Instagram's overhaul of its terms of service may have been enough to cause the company to switch much of the ToS langauge back, but that hasn't stopped a lawsuit being brought against Facebook for the service. While most of the excitement surrounding the ToS changes has been about Instagram using your photos for advertising or even selling them, this suit seems to boil down to the new policy of Instagram keeping the rights to your images, even if you opt out of the service.
According to Reuters, the lawsuit points out that users unhappy with changes to the app's terms of service can cancel their profile, but that apparently makes you give up your rights to images already shared on the service. "In short, Instagram declares that 'possession is nine-tenths of the law and if you don't like it, you can't stop us," said the lawsuit.
It's still up for debate if the current terms of service actually mean that, and there's certainly room for discussion about how to interpret the pages and pages of legalese we all tend to agree to without much thought. However, if you are paranoid about your images on Instagram, you can still opt out of the arbitration clause that's set to go into effect, or just port all your images over to somewhere else.