No, according to a , the ToS is not fundamentally different than that of any other online entity--Google, Skype, Twitter, etc.. Dropbox says the ToC was modified to clarify some points and make it easier for Dropbox customers to understand--especially when it comes to explaining the specific circumstances under which Dropbox might disclose information to law enforcement. "We felt our old TOS language was too broad, and gave Dropbox rights that we didn't even want."
Dropbox also stresses that customer data is not just at the drop of a hat. First, there is only an average of one such request per month--out of 25 million customers. Second, Dropbox has a stringent vetting process to ensure that any such data request is legally sound, and in the event that a request doesn't stand up to legal scrutiny Dropbox will stand up for the rights of the customer and protect the data.
I spoke with Dropbox founder and CEO Drew Houston who explained that Dropbox is acutely aware of security concerns, and it appreciates the responsibility it has to protect the data its customers entrust it with. With 25 million customers, keeping the data safely protected from unauthorized access is no small feat.
That said, there is a , between encryption and usability. Dropbox data is protected in transit by SSL, and is secured at rest on Dropbox servers using AES-256 encryption. But, encryption is a complex concept that even seasoned IT veterans are sometimes intimidated by, so Dropbox manages the encryption keys rather than expecting customers to understand how to maintain and use their own private key.
But, organizations or individual customers that want better data protection and are comfortable managing their own encryption solution are welcome to encrypt their own data as well. There is nothing stopping Dropbox customers from encrypting their own data using something like Truecrypt, in which case Dropbox would have absolutely no ability to decrypt or access that data. The tradeoff, though, is that when that customer loses their own encryption key, there will still be no way for Dropbox to decrypt or access the data, and nothing that Dropbox can do to help a user recover their data.