Comment by AretNCarlsen | Hacker News Reader

Comment by AretNCarlsen | Hacker News Reader

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The law is meant to cover this specific situation. The FTC, enforcing COPPA, fined the social network Xanga $1,000,000 for allowing children under 13 to sign up without parental consent.[1] The law is specifically intended to prevent advertising agencies -- like Google -- from gathering information from children.

"Research ... showed that young children cannot understand the potential effects of revealing their personal information; neither can they distinguish between substantive material on websites and the advertisements surrounding it. While some parents tried to monitor their children's use of the Internet services, many of them failed due to lack of time, computer skills, or awareness of risk. ... 'a Los Angeles television station reported that it obtained a detailed computer printout of the ages and addresses of 5,500 children living in Pasadena simply by sending $277 to a Chicago database firm.'"[2]

[1] http://www.msnbc.msn.com/id/14718350 [2] http://epic.org/privacy/kids/#introduction

Yeah, but that's just BS - even many adults fail to distinguish between ads and content. So should they fall under COPPA too?

You are exactly right, which is why adults are covered by OPPA (where the C, for Children, is removed): http://en.wikipedia.org/wiki/Online_Privacy_Protection_Act

As in contract and rape law, people below an arbitrary cutoff age are presumed to be unable to give consent (or to even understand what "consent" means). Once beyond that age, the person is considered to be able to give consent, e.g. click "Agree" on a Terms/Conditions form or use a website with a very visible Privacy Policy link.

There is definitely an overlap area between < 13 year olds that are responsible and > 13 year olds that aren't responsible, but how can you tell who is who? Maybe 13 was a line in the sand to make the law practical.

Perhaps we should follow the example set by statutory rape laws: children of age x (where x<13) can only give their personal information to sites run by children whose age is within 24 months of x.

(Yes, I am joking.)

No, no. Stupid and ignorant adults are a wildly profitable resource for corporations, advertisers, and marketers. That's not exploitation; it's capitalism. But the children, they must be protected.

I'm mostly okay with the law covering this specific situation, but the law could reasonably be amended to allow for an easy way for parents to give consent - instead of companies just denying access based on an arbitrary age.

If they can require my bank to double up on the login confirmations, they can require services to provide a reasonable way to let parents give their consent.

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