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That’s cute but not at all how contract Law works. Minors don’t have legal authority to enter into contracts, Google can’t claim (at least it’s not a legal def

That’s cute but not at all how contract Law works. Minors don’t have legal authority to enter into contracts, Google can’t claim (at least it’s not a legal defense) they were defrauded by a minor for agreeing to their contract that expressly states the minor will get their parents consent or permission. The burden is on Google. Google would be liable for collecting data on the minor in violation of law, notwithstanding any agreement the minor agreed to, because that agreement isn’t legally enforceable.

yorwba 8y ago
According to this FTC site https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-not-just-kids-sites https://www.ftc.gov/tips-advice/business-center/guidance/chi... You’re covered by COPPA if: - Your website or online service is directed to children under 13 and collects personal information from them; - Your website or online service is directed to a general audience, but you have “actual knowledge” you’re collecting personal information from a child under 13; or - You run a third-party service like an ad network or plug-in and you’re collecting information from users of a site or service directed to children under 13. and Although the Rule doesn’t define the term, the FTC has said that an operator has actual knowledge of a user’s age if the site or service asks for – and receives – information from the user that allows it to determine the person’s age. For example, an operator who asks for a date of birth on a site’s registration page has actual knowledge as defined by COPPA if a user responds with a year that suggests they’re under 13. An operator also may have actual knowledge based on answers to “age identifying” questions like “What grade are you in?” or “What type of school do you go to? (a) elementary; (b) middle; (c) high school; (d) college.” Note the "if a user responds with a year that suggests they’re under 13" part. If they don't, that would mean that there's no "actual knowledge" that the data being collected is associated with a child under 13. So "they lied to me" does appear to be a valid defense.
- will_brown 8y ago
  The law only provides if the child answered and acknowledged they are a minor that Google has “actual knowledge” in law that does != google does not have actual knowledge if the minor lied or didn’t answer. It’s simply a matter of the burden of proof, but in either case I think the evidence will be there that Google knew or should have known the user was/is a minor. COPPA also requires “verifiable” consent of the minor’s parents...is a check box really verifiable consent? How can Even Google claim they verified who checked the consent box?

yorwba 8y ago

According to this FTC site https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-not-just-kids-sites https://www.ftc.gov/tips-advice/business-center/guidance/chi... You’re covered by COPPA if: - Your website or online service is directed to children under 13 and collects personal information from them; - Your website or online service is directed to a general audience, but you have “actual knowledge” you’re collecting personal information from a child under 13; or - You run a third-party service like an ad network or plug-in and you’re collecting information from users of a site or service directed to children under 13. and Although the Rule doesn’t define the term, the FTC has said that an operator has actual knowledge of a user’s age if the site or service asks for – and receives – information from the user that allows it to determine the person’s age. For example, an operator who asks for a date of birth on a site’s registration page has actual knowledge as defined by COPPA if a user responds with a year that suggests they’re under 13. An operator also may have actual knowledge based on answers to “age identifying” questions like “What grade are you in?” or “What type of school do you go to? (a) elementary; (b) middle; (c) high school; (d) college.” Note the "if a user responds with a year that suggests they’re under 13" part. If they don't, that would mean that there's no "actual knowledge" that the data being collected is associated with a child under 13. So "they lied to me" does appear to be a valid defense.

will_brown 8y ago
The law only provides if the child answered and acknowledged they are a minor that Google has “actual knowledge” in law that does != google does not have actual knowledge if the minor lied or didn’t answer. It’s simply a matter of the burden of proof, but in either case I think the evidence will be there that Google knew or should have known the user was/is a minor. COPPA also requires “verifiable” consent of the minor’s parents...is a check box really verifiable consent? How can Even Google claim they verified who checked the consent box?