'Awful' Internet Rules Released

maximus1 writes "NetChoice, a trade group that identifies and fights threats aimed at online communities and e-commerce, released iAWFUL, a list of America's 10 worst legislative and regulatory proposals targeted at the Internet. At the top of the list is a Maine law that would require e-commerce sites to get parental approval before collecting minors' personal information. According to the NetChoice site, 'lawmakers approved the measure despite the fact that Web sites have no means to confirm such consent, and would be effectively forced to stop providing valuable services like college information, test prep services, and class rings.' Coming in second on the iAWFUL list is a city ordinance that would hit Internet users with an extra tax on hotel rooms. Scheduled to take effect in September, the new tax is aimed at consumers who use the Internet to bargain hunt for expensive NYC hotel rooms."

Comments

You know what's awful?

[bmo]

That goddamn site design.

Whiskey Tango Foxtrot, Over?

--
BMO

Trade groups suck

[Publikwerks]

The law states its illegal to: "knowingly collect or receive health-related information or personal information for marketing purposes from a minor without first obtaining verifiable parental consent" MARKETING PURPOSES being the operative term here. This looks like a good law to me

Petty and vaguely sordid.

[fuzzyfuzzyfungus]

Somehow it doesn't surprise me that this list is from a trade group.

The Top 10 "worst internet laws in America" manages to include nothing related to wiretapping, DMCA, or the like; but does manage to include a bunch of whining about advertisers not being able to aggregate user search information?

This looks like shiny astroturf for some of the scum of the internet. If you actually care about good laws and freedom, give the EFF a look.

Re:Petty and vaguely sordid.

[BabyDuckHat]

This isn't from a trade group. It's from a group of ordinary consumers just like you. These informed consumers know that no personally identifiable data is being stored and in the event that it is stored it is only shared with trusted 3rd parties and affiliates. These consumers also appreciate the opportunity to accept valuable offers from reputable online companies. These consumers understand that the personalized marketing communications they receive can make their online experience richer and more engaging. This comment is subject to change at any time without notice.

Re:Awful?

[natehoy]

Disclosure: I live in Maine.

There are a few minor problems with a law like this:

1: Identifying minors. I remember dealing with COPA on the discussion boards I run, and basically I had a checkbox that says "you cannot access this site if you are a minor, check here to certify that you are, in fact, over 18 or the legal age of independence for your country." I routinely had 13 and 14 year olds on the site, who admitted they were underage, who had checked that box. Guess what? People lie. And if a 13 year old had used the site to hook up with an adult for sex, I probably would have shared some liability even though I had no way of knowing the actual age of my users. The Internet happens over great distances, and you don't get to check ID for or personally interview every user.

2: Logistics. How, precisely, do you go about collecting consent from a parent (assuming the kid tells the truth)? Do you have to physically call every parent when the kid signs up for an account? Is getting verbal consent enough, or do you have to get a signed letter? How do you know it's not forged? What if the kid is located in somewhere other than Maine? Maybe, God Forbid, in another country? This may come as a surprise in Augusta, but kids exist everywhere.

3: Jurisdiction. If I run a web site in Maine, am I required to collect information on minors living in Maine only, or worldwide? Alabama and Japan are not requiring this parental consent, so I'm now running at a disadvantage compared to a web site running from (say) New Hampshire. How about if I run a website in, say, Dusseldorf or Paris and want to sell to someone in Maine. Do I, as a foreign entity, have to adjust my e-commerce systems to suit Maine law?

4: Sense. If Little Jimmy gets ahold of his dad's credit card and buys something, well, that sounds like a discipline issue between Jimbo and Dad, doesn't it? Dad either (a) gave consent by handing over the credit card or (b) will be surprised to find out that Jimbo LIED on the form and claimed to be Dad when he bought his stuff.

#4 is particularly true if somehow the vendor is supposed to know that Jimbo is lying and it's not really his dad making the purchase.

Other than the fact that it's an unenforceable law governing something that Maine has no jurisdiction over in a way that makes it very hard to do business in or from Maine, and that it's trying to fix a problem that can't be fixed this way, heck, it's a great law.

Re:Awful?

[jbezorg]

And WHY DIDN'T YOU LINK to the ACTUAL LIST? Instead of a PRESS RELEASE of an ARTICLE about an ARTICLE about the List after ragging on someone about NOT LINKING to the ACTUAL LIST and to an ARTICLE about an ARTICLE about the List?

http://netchoice.org/iawful/

Re:Awful?

[Tolkien]

Hey, I saw this cool article on Slashdot today.