FTC Fines Xanga for Violating Kids' Privacy
WebHostingGuy writes "As reported by MSNBC, the FTC has fined Xanga.com $1 million dollars for repeatedly allowing children under 13 to sign up for the service without getting their parent's consent. This is the largest penalty ever issued for violations of the Children's Online Privacy Protection Act." From the article: "'Protecting kids' privacy online is a top priority for America's parents, and for the FTC,' FTC Chairman Deborah Platt Majoras said in a statement. 'COPPA requires all commercial Web sites, including operators of social networking sites like Xanga, to give parents notice and obtain their consent before collecting personal information from kids they know are under 13. A million-dollar penalty should make that obligation crystal clear.'" What impact, if any, do you think this will have on other community sites that may not always follow the COPPA statutes?
The FTC is trying to prevent child predators access to young children, a noble endeavor. The problem is that there are few good ways to confirm a person age online. If they disallow users under 13 from creating accounts, the users will lie about there age. If they want age confirmation, then it costs much more, and less people will wan tto go throug the trouble. I have credit cards but I am not about to use one online for age verification purposes. What about all the legitmate users over 13 that do not have the ability to confirm ones age. I don't know how a 15 year old would go about this online. A 15 year old would not have a drivers license, a credit card, or any other indentification. This will do nothing to help thier goals of protecting children.
That being said, they seem to have broken the law, it doesn't matter that the law has no value.
quis custodiet ipsos custodes
Thus, they have no rights online. Therefore, this should not be filed under YRO.
End of message.
Sites will move their hosting out of the US, and their executives won't visit the US.
More realistically, social networking sites will add more verification layers (that don't work) for greater plausible deniability, and those that think they can, will start requiring credit card info.
Nostalgia's not what it used to be.
How do you prove that a kid got his parent's permission?
Have your parent click here [__] to proceed.
It's a shame that someone will actually have to pay a fine for this bullshit, but really, they shoulda known.
there is no need to sign your posts. this isn't usenet. your username is right there above your post. stop it.
I thought they had none, according to the last case i heard of the government/school searching students at will. " children do not have the same rights as adults "...
Lets make up our minds, ok?
---- Booth was a patriot ----
From the article, the following happened:
People were first presented with a question asking if they were over 13. If the users clicked yes, they proceeded to the registration page. The registration page included fields for birthdays. People who had lied on the first part could then enter their age. The form did not automatically reject users whose birthdates were not at least 13 years prior. In this case it looks like (IANAL) Xanda DID comply with the law. The FTC seems to be punishing them for making it "too easy" to get around it. This is where I have a problem. Where does it end? The FTC could just as easily say requiring a CC (to verify age) is too easy because they could borrow someone else's. There doesn't seem to be a hard line for where reasonable precautions start and end.
"According to the Federal Trade Commission, children who wanted to open a Xanga account didn't even have to show that level of ingenuity. Children merely had to check a box confirming they were over 13, according to FTC lawyer Mary Engle -- even if they'd previously entered a birth date indicating they were under 13. "
Sure, not kids can just as easily lie like they do on myspace and put a different birth year.
What more could they have done? They asked for age verification upon sign-up. No parent is going to give their thirteen year old child a credit card for the use of age verification on a site like that.
The policy makes sense, parents should know what their pre-teen children are doing. The problem is that this is the parents responsibility, not the website providing the service. It's one thing for a movie theater or porn-shop to let minors in, it's on their premises. These kids are (mostly) accessing the internet from their own home, where the parents should be able to monitor their activities.
There's only so much that can be done and putting a million dollar fine on Xanga is a completely ridiculous way to try and make the government look like it's actually doing something to help the problem. They're laying a huge portion of the blame in the wrong camp.
There is a problem, this is clearly an overzealous attempt at creating an appearance of action to hide the fact that there is simply nothing effective that they can really do. Xanga is the unfortunate victim.
What effect will the websites have on the law? That's the question I would ask.
Laws like this are clearly unenforceable. More importantly, it is not morally the website's job to police the people who visit it. It's the job of the parents. Legislators don't seem to win their positions based on campaigns of parental responsibility, however. The trend seems to be "blame everyone else for your kid's problems".
Look at the crap going on involving Grand Theft Auto: someone makes a game modification to show a tit, a tit that isn't even available without modifying the game, and tons of legislators go apeshit about how it's inappropriate for children. Clearly these people aren't worried about justice, and instead are worried about winning the votes of emotional parents, the Security Moms.
A reasonable argument can be made that, for example, liquor stores have a duty to prevent children from buying alcohol in them. However, you must also consider that it is extremely easy and reliable to verify the age of store patrons. No analogy exists online -- it is impossible.
Expecting websites to perform such policing is unquestionably unfair, and I suspect that the courts will agree. The law might have effect on some websites in the short term. In the long term, the websites will have the law overturned as unreasonable.
We just have to hope that the justices who hear these cases really have an interest in justice, unlike the legislators who passed these braindead laws in the first place.
America needs to raise its own damn children (and I say this as an American)
Because the US is all about avoiding blame and responsibility. It's why there's so many punitive lawsuits and lawyers in the country.
From TA: "Protecting kids' privacy online is a top priority for America's parents, and for the FTC," FTC Chairman Deborah Platt Majoras said in a statement. Apparently it's not enough of a priority to the parents with underage children signing up on Xanga, or these parents would be stepping in themselves.
Why are parents allowing their 12 year olds to surf the net without supervision?
It isn't the government's problem to solve - it belongs to the parents.
Of course, it's the US, so it'll never fall in the lap of the sperm & egg donor.
COPPA does not exist to be a pain, it exists as a way to help make sites that target tweens and children (intentionally or not) responsible for the content they are making public. It exists to protect children from having their personally identifiable info available in a public forum.
No one makes people enter into the business of social networking. Like any other business there are ethics and laws by which that business must abide. If a site is blatantly ignoring basic safeguards COPPA requires, they are breaking the law and should suffer the sanctions outlined under those laws.
Yes, parents should be the primary dispensers of the morals needed for their kids to navigate the sometimes age-inappropriate corners of the Internet. But if a site has an open journaling tool or has fields requesting information that would make a child easy to find and possibly hurt, that site DOES has an obligation (ethically and legally) to put the necessary hurdles in place to protect those children.
There are many levels of personal identification described in COPPA, all with different levels of verification needed. For example, if a child is signing up for a newsletter, no parental consent is needed. If their comments are not screened and made public, parental consent is needed.
There are many ways to verify parental consent. Credit card is one, 1-800 # is another, signed fax form is another. Once the parent agrees, anything the kid puts up is fair game. For more limited access, there is a new amendment to the act describing an email plus verification. The safeguards are actually not that hard, and many of those who target children specifically in their communities place much higher barriers to entry just to be sure.
Fines for COPPA violations are based on a per occurrence measurement.
And I am sure any of you who would like to donate your time or money to the exploration of more efficient and easier ways of verifiable parental consent would be greeted with open arms by the folks at the FTC.
Joi Podgorny
Director of Online Community
Star Farm Productions
A quick summary of this situation:
A) They had a "Are you over 13" check box
B) They had a entered birthdate
They only checked A, but not B, to determine if a user could register. If they hadn't asked for B, then A would have been sufficient as a "legal" check under this law. Also, if they had checked B, the users would have very likely gone back and lied about it, but they still would have been legal.
The fact that these checks are easily bypassed is not the issue at hand. Instead it is much like the issue with saved search data or saved email. Any piece of data, especially "people" data, that you save can potentially bring liability for you down the road. Both Xanga and Google in Brazil are examples of this principle.
In the past we've seen the manta "Storage is Cheap." Any time there's data, why not just hang onto it? You might be able to use it for something, someday. That has already proven to be a bad idea in many circumstanes (and it sure to get worse as more and more politicians start to realize how powerful all that aggregate data can be). A better rule is any time there is data that anyone might want for purposes other than immediate application, get rid of it as soon as reasonably possible!
Courts do not expect you to check data that you didn't collect because you didn't need it. Brazil cannot order you to turn over data that you don't have. You can still get in trouble, but they will need to establish that you're committing some kind of crime by keeping less personal data on people. That's a much harder standard to argue!
In short, ignorance is bliss, a principle for the digital millenium.
GameFAQs has a very interesting policy which perhaps might save sites like Xanga and MySpace from getting reamed with fines. Anytime somebody on GameFAQs makes a post which implies or states that the user is underage, their account is immediately suspended pending verification of age. If the person really is underage, then their account is suspended until they are old enough.
~ C.
Okay this is getting on my nerves.. It really is because Slashdot makes no bloody sense!
We act like we weren't children and we'll be the ultimate parents. We'll know where our kids are 24/7 and have RFID tags in their penis to stop them getting anyone pregnant or whatever magic pixie dust solution it is.
50 years ago kids did stuff they shouldn't, 1000 years ago they did, even today they do. That's because it's what kids do. If they can't get on Xanga/MySpace/whatever at home they will find a way to do it. Beg, borrow or steal you'll not stop a kid who desires something you try to keep out of his hands.
We bitch about over-protective soccer mums and then act like every bad kid is bad because the parents didn't do "the right thing". SHUT UP ABOUT IT! Some kids are just bad, some kids are just nerds, some kids want to screw their mother. That is how life is, everyone is different and while on mass people are generally okay that does not mean there are no bad apples and "parenting" can fix the ones that are.
Some times it's not possible to babysit your kids every second of the day. You have other things to do and hope for the best, most of the time it works out and you get away with it but once in a while it doesn't. This is not bad parenting, this is being a HUMAN BEING. Maybe we should hand-cuff parents and kids together, after all it's not like mothers and fathers need to pee any more, so it's fine if their kids follow them every where right?
I know this is rather trollish but damn it, you guys need to get off your high horses and accept that parents are meer mortals just like us! They can't be in 6 places at once and some times the greater evil comes before going Big brother on their 12 year old reading e-mails from their friends about how awesomely cool Ninja turtles was this week.
I like muppets.
I don't know how a 15 year old would go about this online.
A Time magazine article from a month or two ago indicated that the state attorney general's were having panicked meetings regarding this issue (including the famous quote from the Connecticut AG along the lines of "if we can put a man on the moon, we can verify age online.")
For a time they actually considered requiring sites like Myspace to collect SSNs...and according to the article, they rejected the idea once they realized that most of the world does not have an SSN, but does use the internets.
If that doesn't give you an idea of the caliber of people we're dealing with, I dunno what would. Requiring teens to submit their SSNs to use these types of sites would be a disaster along biblical proportions--imagine how easy phishing would be--all you'd need to do is send out an email that claims it's from Xanga needing your SSN.
Don't ask the kids their ages. Ask everyone if they're a pedophile. Anyone who says yes is barred from signing up. It works for keeping terrorists out of the country.
Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
Um....I don't know about you, but it sounds like you have never been a parent. It's incredibly EASY to figure out where kids are. Hell I am 35 and my mom still knows what I do. I know what my son does and where he goes. While I will agree that it's impossible to know exactly where they are every second of the day, it's pretty easy to control WHAT they do in your house:
1. NO computer in their room until they are 18. Sorry.....doesn't happen. Not saying they can have thier own, it just WILL NOT be in their room.
2. No computer use period if one of us isn't either home or awake. Break the rules and I will know (I will use Linux and check the access logs....).
3. Any violation of said rules will result in their computer turning into a server for dad's use.
Now I am a geek....things will be different in my house because I know how to do these things. If I didn't, I would only take away the log thing (as I would not know how to do it...thank god I am a geek).
This sounds draconian, but even I did not know enough to stay away from things like this until I was about 20 believe it or not. I remember when I was 20, I met a girl online and went to go meet her at her house. Found out she was 15. She told me she was 19. I counselled her a little and then left a little wiser. If I didn't quiz her on her real age, I could have went to jail and been labelled a sexual predator. From then on, I knew better. The bad thing that may have happened if the roles were reversed and I wasn't a nice guy. Kids simply do not have the where with all to understand how unsafe talking to people online can be especially if they go from the virtual world to meat space.
Oh I accept that at certain times, they will be out of my control. However, it's really easy to just meet the parents of thier best friends. Even simply a phone call would be more then enough for me to get what is going to happen at the friends house. It's surpising to me how many people take the stance that you can't know everything about your child. It must be beneath parents to talk to their kids! By just talking to my son, I knew his friends were Garrick and Nicholas and by the end of the school year, I knew thier parents pretty well and all I did was talk to them. I'd have let him go to either of his best friends house.
It's ok to have friends outside of your kids lives, but it's best to try to make friends with the parents of any of your kids best friends.
Just little things like this makes it pretty easy to know what your kid is doing and when. Its called parental responsibility.
Gorkman
Parents, all you have to do to to get out of parenting and monitoring the child YOU created is to tell Xanga/MySpace/etc. that they have to do it for you! What fun! No longer do you have to actually watch your own children! And it's only a matter of time before they'll even have to change your infant child's diapers and potty train for you!! Because you, as a parent, should have to take NO responsibility for parenting!!!
Damned parents. Learn to watch your children closer and to take responsibility for raising them. If you aren't raising your children to be ethical people, ones truthful about their ages who won't go where they know they shouldn't, that's your problem. I know it's hard work, but it can be done. If you aren't ready to take the responsibility, don't have kids. And if you already chose to, don't bitch about it. You made your choice.
It's a girl!