PSF
The Lounge => General => Topic started by: megacycle on 2019-11-19 04:55:07
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Hello, I felt this deserves it's own topic.
https://www.youtube.com/watch?v=0veLrwd9CK4&t=
This isn't in full effect yet but it will be soon... and it is going to damage a lot of things... youtube content creators are gonna take the biggest blow. I blame the parents who won't take responsibility of their children. Children shouldn't be given free reign of the internet... they need to be supervised until they reach a certain age. An age where the parent feels comfortable. Or confident their child won't click on a link and infect the family PC. Stop pushing that responsibility onto others. Stop pushing that onto me, onto us.
That's how I feel. There are links in the video description, one is for a petition and the other is for the FTC where you can leave a message. If you send them a message be civil.
Have a nice day.
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I mean... this was bound to happen eventually.
Say good by to any sneeze vids and whatnot on Youtube. Onward to Vimeo and DailyMotion!
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Lets be fair and present COPPA in a fair way. All too often people are only framing this around Youtube. But it's scope is beyond that.
Here is their website (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule). It's the official FTC COPPA page.
Lets see what COPPA is in legal speak.
TITLE XIII-CHILDREN'S ONLINE PRIVACY PROTECTION
SEC. 1301. SHORT TITLE.
This title may be cited as the "Children's Online Privacy Protection Act of 1998".
SEC. 1302. DEFINITIONS.
In this title:
(1) CHILD.—The term "child" means an individual under the age of 13.
(2) OPERATOR.—The term "operator"—
(A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce—
(i) among the several States or with 1 or more foreign nations;
(ii) in any territory of the United States or in the District of Columbia, or between any such territory and—
(I) another such territory; or
(II) any State or foreign nation; or
(iii) between the District of Columbia and any State, territory, or foreign nation; but
(B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(3) COMMISSION.—The term "Commission" means the Federal Trade Commission.
(4) DISCLOSURE.—The term "disclosure" means, with respect to personal information—
(A) the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the internal operations of the website and does not disclose or use that information for any other purpose; and
(B) making personal information collected from a child by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through—
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(5) FEDERAL AGENCY.—The term "Federal agency" means an agency, as that term is defined in section 551(1) of title 5, United States Code.
(6) INTERNET.—The term "Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/ Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
(7) PARENT.—The term "parent" includes a legal guardian.
(8) PERSONAL INFORMATION.—The term "personal information" means individually identifiable information about an individual collected online, including—
(A) a first and last name;
(B) a home or other physical address including street name and name of a city or town;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number;
(F) any other identifier that the Commission determines permits the physical or online contacting of a specific individual; or
(G) information concerning the child or the parents of that child that the website collects online from the child and combines with an identifier described in this paragraph.
(9) VERIFIABLE PARENTAL CONSENT.—The term "verifiable parental consent" means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator's personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.
(10) WEBSITE OR ONLINE SERVICE DIRECTED TO CHILDREN.—
(A) IN GENERAL.—The term "website or online service directed to children" means—
(i) a commercial website or online service that is targeted to children; or
(ii) that portion of a commercial website or online service that is targeted to children.
(B) LIMITATION.—A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link.
(11) PERSON.—The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.
(12) ONLINE CONTACT INFORMATION.—The term "online contact information" means an e-mail address or an-other substantially similar identifier that permits direct contact with a person online.
SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.
(a) ACTS PROHIBITED.—
(1) IN GENERAL.—It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b).
(2) DISCLOSURE TO PARENT PROTECTED.—Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of per-sonal information under subsection (b)(1)(B)(iii) to the parent of a child.
(b) REGULATIONS.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that—
(A) require the operator of any website or online service directed to children that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child—
(i) to provide notice on the website of what information is collected from children by the operator, how the operator uses such information, and the operator's disclosure practices for such information; and
(ii) to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children;
(B) require the operator to provide, upon request of a parent under this subparagraph whose child has provided personal information to that website or online service, upon proper identification of that parent, to such par-ent—
(i) a description of the specific types of personal information collected from the child by that operator;
(ii) the opportunity at any time to refuse to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child; and
(iii) notwithstanding any other provision of law, a means that is reasonable under the circumstances for the parent to obtain any personal information collected from that child;
(C) prohibit conditioning a child's participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity; and
(D) require the operator of such a website or online service to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children.
(2) WHEN CONSENT NOT REQUIRED.—The regulations shall provide that verifiable parental consent under paragraph (1)(A)(ii) is not required in the case of—
(A) online contact information collected from a child that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact the child and is not maintained in retrievable form by the operator;
(B) a request for the name or online contact information of a parent or child that is used for the sole purpose of obtaining parental consent or providing notice under this section and where such information is not maintained in retrievable form by the operator if parental consent is not obtained after a reasonable time;
(C) online contact information collected from a child that is used only to respond more than once directly to a specific request from the child and is not used to recontact the child beyond the scope of that request—
(i) if, before any additional response after the initial response to the child, the operator uses reasonable efforts to provide a parent notice of the online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or
(ii) without notice to the parent in such circumstances as the Commission may determine are appropriate, taking into consideration the benefits to the child of access to information and services, and risks to the security and privacy of the child, in regulations promulgated under this subsection;
(D) the name of the child and online contact information (to the extent reasonably necessary to protect the safety of a child participant on the site)—
(i) used only for the purpose of protecting such safety;
(ii) not used to recontact the child or for any other purpose; and
(iii) not disclosed on the site, if the operator uses reasonable efforts to provide a parent notice of the name and online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or
(E) the collection, use, or dissemination of such information by the operator of such a website or online service necessary—
(i) to protect the security or integrity of its website;
(ii) to take precautions against liability;
(iii) to respond to judicial process; or
(iv) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. 1815
(3) TERMINATION OF SERVICE.—The regulations shall permit the operator of a website or an online service to terminate service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child.
(c) ENFORCEMENT.—Subject to sections 1304 and 1306, a violation of a regulation prescribed under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(d) INCONSISTENT STATE LAW.—No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this title that is inconsistent with the treatment of those activities or actions under this section.
SEC. 1304. SAFE HARBORS.
(a) GUIDELINES.—An operator may satisfy the requirements of regulations issued under section 1303(b) by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, approved under subsection (b).
(b) INCENTIVES.—
(1) SELF-REGULATORY INCENTIVES.—In prescribing regulations under section 1303, the Commission shall provide incentives for self-regulation by operators to implement the protections afforded children under the regulatory requirements described in subsection (b) of that section.
(2) DEEMED COMPLIANCE.—Such incentives shall include provisions for ensuring that a person will be deemed to be in compliance with the requirements of the regulations under section 1303 if that person complies with guidelines that, after notice and comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under section 1303.
(3) EXPEDITED RESPONSE TO REQUESTS.—The Commission shall act upon requests for safe harbor treatment within 180 days of the filing of the request, and shall set forth in writing its conclusions with regard to such requests.
(c) APPEALS.—Final action by the Commission on a request for approval of guidelines, or the failure to act within 180 days on a request for approval of guidelines, submitted under subsection (b) may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5, United States Code.
SEC. 1305. ACTIONS BY STATES.
(a) IN GENERAL.—
(1) CIVIL ACTIONS.—In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may consider to be appropriate.
(2) NOTICE.—
(A) IN GENERAL.—Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) EXEMPTION.—
(i) IN GENERAL.—Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action.
(ii) NOTIFICATION.—In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
(b) INTERVENTION.—
(1) IN GENERAL.—On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.
(2) EFFECT OF INTERVENTION.—If the Commission intervenes in an action under subsection (a), it shall have the right—
(A) to be heard with respect to any matter that arises in that action; and
(B) to file a petition for appeal.
(3) AMICUS CURIAE.—Upon application to the court, a person whose self-regulatory guidelines have been approved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding.
(c) CONSTRUCTION.—For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of documentary and other evidence.
(d) ACTIONS BY THE COMMISSION.—In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 1303, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation.
(e) VENUE; SERVICE OF PROCESS.—
(1) VENUE.—Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.
(2) SERVICE OF PROCESS.—In an action brought under subsection (a), process may be served in any district in which the defendant—
(A) is an inhabitant; or
(B) may be found.
SEC. 1306. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) IN GENERAL.—Except as otherwise provided, this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(b) PROVISIONS.—Compliance with the requirements imposed under this title shall be enforced under—(1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of—
(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et seq. and 611 et seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Direc- tors of the Federal Deposit Insurance Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board with respect to any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association.
(c) EXERCISE OF CERTAIN POWERS.—For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law.
(d) ACTIONS BY THE COMMISSION.—The Commission shall prevent any person from violating a rule of the Commission under section 1303 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any entity that violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title.
(e) EFFECT ON OTHER LAWS.—Nothing contained in the Act shall be construed to limit the authority of the Commission under any other provisions of law.
SEC. 1307. REVIEW.
Not later than 5 years after the effective date of the regulations initially issued under section 1303, the Commission shall—
(1) review the implementation of this title, including the effect of the implementation of this title on practices relating to the collection and disclosure of information relating to children, children's ability to obtain access to information of their choice online, and on the availability of websites directed to children; and
(2) prepare and submit to Congress a report on the results of the review under paragraph (1).
SEC. 1308. EFFECTIVE DATE. Sections 1303(a), 1305, and 1306 of this title take effect on the later of—
(1) the date that is 18 months after the date of enactment of this Act; or
(2) the date on which the Commission rules on the first application filed for safe harbor treatment under section 1304 if the Commission does not rule on the first such application within one year after the date of enactment of this Act, but in no case later than the date that is 30 months after the date of enactment of this Act
HOW TO COMPLY WITH COPPA?
How to comply with Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act, effective April 21, 2000, applies to the online collection of personal information from children under 13. The new rules spell out what a Web site operator must include in a privacy policy, when and how to seek verifiable consent from a parent and what responsibilities an operator has to protect children's privacy and safety online.
The Federal Trade Commission staff prepared this guide to help you comply with the new requirements for protecting children's privacy online and understand the FTC's enforcement authority.
Who Must Comply
If you operate a commercial Web site or an online service directed to children under 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act.
To determine whether a Web site is directed to children, the FTC considers several factors, including the subject matter; visual or audio content; the age of models on the site; language; whether advertising on the Web site is directed to children; information regarding the age of the actual or intended audience; and whether a site uses animated characters or other child-oriented features.
To determine whether an entity is an "operator" with respect to information collected at a site, the FTC will consider who owns and controls the information; who pays for the collection and maintenance of the information; what the pre-existing contractual relationships are in connection with the information; and what role the Web site plays in collecting or maintaining the information.
Personal Information
The Children's Online Privacy Protection Act and Rule apply to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child. The Act and Rule also cover other types of information -- for example, hobbies, interests and information collected through cookies or other types of tracking mechanisms -- when they are tied to individually identifiable information.
Basic Provisions
Privacy Notice
Placement
An operator must post a link to a notice of its information practices on the home page of its Web site or online service and at each area where it collects personal information from children. An operator of a general audience site with a separate children's area must post a link to its notice on the home page of the children's area.
The link to the privacy notice must be clear and prominent. Operators may want to use a larger font size or a different color type on a contrasting background to make it stand out. A link in small print at the bottom of the page -- or a link that is indistinguishable from other links on your site -- is not considered clear and prominent.
Content
The notice must be clearly written and understandable; it should not include any unrelated or confusing materials. It must state the following information:
The name and contact information (address, telephone number and email address) of all operators collecting or maintaining children's personal information through the Web site or online service. If more than one operator is collecting information at the site, the site may select and provide contact information for only one operator who will respond to all inquiries from parents about the site's privacy policies. Still, the names of all the operators must be listed in the notice.
The kinds of personal information collected from children (for example, name, address, email address, hobbies, etc.) and how the information is collected -- directly from the child or passively, say, through cookies.
How the operator uses the personal information. For example, is it for marketing back to the child? Notifying contest winners? Allowing the child to make the information publicly available through a chat room?
Whether the operator discloses information collected from children to third parties. If so, the operator also must disclose the kinds of businesses in which the third parties are engaged; the general purposes for which the information is used; and whether the third parties have agreed to maintain the confidentiality and security of the information.
That the parent has the option to agree to the collection and use of the child's information without consenting to the disclosure of the information to third parties.
That the operator may not require a child to disclose more information than is reasonably necessary to participate in an activity as a condition of participation.
That the parent can review the child's personal information, ask to have it deleted and refuse to allow any further collection or use of the child's information. The notice also must state the procedures for the parent to follow.
Direct Notice to Parents
Content
The notice to parents must contain the same information included on the notice on the Web site. In addition, an operator must notify a parent that it wishes to collect personal information from the child; that the parent's consent is required for the collection, use and disclosure of the information; and how the parent can provide consent. The notice to parents must be written clearly and understandably, and must not contain any unrelated or confusing information. An operator may use any one of a number of methods to notify a parent, including sending an email message to the parent or a notice by postal mail.
Verifiable Parental Consent
Before collecting, using or disclosing personal information from a child, an operator must obtain verifiable parental consent from the child's parent. This means an operator must make reasonable efforts (taking into consideration available technology) to ensure that before personal information is collected from a child, a parent of the child receives notice of the operator's information practices and consents to those practices.
Until April 2002, the FTC will use a sliding scale approach to parental consent in which the required method of consent will vary based on how the operator uses the child's personal information. That is, if the operator uses the information for internal purposes, a less rigorous method of consent is required. If the operator discloses the information to others , the situation presents greater dangers to children, and a more reliable method of consent is required. The sliding scale approach will sunset in April 2002 subject to a Commission review planned for October 2001.
Internal Uses
Operators may use email to get parental consent for all internal uses of personal information, such as marketing back to a child based on his or her preferences or communicating promotional updates about site content, as long as they take additional steps to increase the likelihood that the parent has, in fact, provided the consent. For example, operators might seek confirmation from a parent in a delayed confirmatory email, or confirm the parent's consent by letter or phone call.
Public Disclosures
When operators want to disclose a child's personal information to third parties or make it publicly available (for example, through a chat room or message board), the sliding scale requires them to use a more reliable method of consent, including:
getting a signed form from the parent via postal mail or facsimile;
accepting and verifying a credit card number in connection with a transaction;
taking calls from parents, through a toll-free telephone number staffed by trained personnel;
email accompanied by digital signature;
But in the case of a monitored chat room, if all individually identifiable information is stripped from postings before it is made public -- and the information is deleted from the operator's records -- an operator does not have to get prior parental consent.
Disclosures to Third Parties
An operator must give a parent the option to agree to the collection and use of the child's personal information without agreeing to the disclosure of the information to third parties. However, when a parent agrees to the collection and use of their child's personal information, the operator may release that information to others who uses it solely to provide support for the internal operations of the website or service, including technical support and order fulfillment.
Exceptions
The regulations include several exceptions that allow operators to collect a child's email address without getting the parent's consent in advance. These exceptions cover many popular online activities for kids, including contests , online newsletters , homework help and electronic postcards .
Prior parental consent is not required when:
an operator collects a child's or parent's email address to provide notice and seek consent;
an operator collects an email address to respond to a one-time request from a child and then deletes it;
an operator collects an email address to respond more than once to a specific request -- say, for a subscription to a newsletter. In this case, the operator must notify the parent that it is communicating regularly with the child and give the parent the opportunity to stop the communication before sending or delivering a second communication to a child;
an operator collects a child's name or online contact information to protect the safety of a child who is participating on the site. In this case, the operator must notify the parent and give him or her the opportunity to prevent further use of the information;
an operator collects a child's name or online contact information to protect the security or liability of the site or to respond to law enforcement, if necessary, and does not use it for any other purpose.
October 2001/April 2002
In October 2001, the Commission will seek public comment to determine whether technology has progressed and whether secure electronic methods for obtaining verifiable parental consent are widely available and affordable. Subject to the Commission's review, the sliding scale will expire in April 2002. Until then, operators are encouraged to use the more reliable methods of consent for all uses of children's personal information.
New Notice for Consent
An operator is required to send a new notice and request for consent to parents if there are material changes in the collection, use or disclosure practices to which the parent had previously agreed. Take the case of the operator who got parental consent for a child to participate in contests that require the child to submit limited personal information, but who now wants to offer the child chat rooms. Or, consider the case of the operator who wants to disclose the child's information to third parties who are in materially different lines of business from those covered by the original consent -- for example, marketers of diet pills rather than marketers of stuffed animals. In these cases, the Rule requires new notice and consent.
Access Verification
At a parent's request, operators must disclose the general kinds of personal information they collect online from children (for example, name, address, telephone number, email address, hobbies), as well as the specific information collected from children who visit their sites. Operators must use reasonable procedures to ensure they are dealing with the child's parent before they provide access to the child's specific information.
They can use a variety of methods to verify the parent's identity, including:
obtaining a signed form from the parent via postal mail or facsimile;
accepting and verifying a credit card number;
taking calls from parents on a toll-free telephone number staffed by trained personnel;
email accompanied by digital signature;
email accompanied by a PIN or password obtained through one of the verification methods above.
Operators who follow one of these procedures acting in good faith to a request for parental access are protected from liability under federal and state law for inadvertent disclosures of a child's information to someone who purports to be a parent.
Revoking & Deleting
At any time, a parent may revoke his/her consent, refuse to allow an operator to further use or collect their child's personal information, and direct the operator to delete the information. In turn, the operator may terminate any service provided to the child, but only if the information at issue is reasonably necessary for the child's participation in that activity. For example, an operator may require children to provide their email addresses to participate in a chat room so the operator can contact a youngster if he is misbehaving in the chat room. If, after giving consent, a parent asks the operator to delete the child's information, the operator may refuse to allow the child to participate in the chat room in the future. If other activities on the Web site do not require the child's email address, the operator must allow the child access to those activities.
Timing
The Rule covers all personal information collected after April 21, 2000, regardless of any prior relationship an operator has had with a child. For example, if an operator collects the name and email address of a child before April 21, 2000, but plans to seek information about the child's street address after that date, the later collection would trigger the Rule's requirements. In addition, come April 21, 2000, if an operator continues to offer activities that involve the ongoing collection of information from children -- like a chat room -- or begins to offer such activities for the first time, notice and consent are required for all participating children regardless of whether the children had already registered at the site.
Safe Harbors
Industry groups or others can create self-regulatory programs to govern participants' compliance with the Children's Online Privacy Protection Rule . These guidelines must include independent monitoring and disciplinary procedures and must be submitted to the Commission for approval. The Commission will publish the guidelines and seek public comment in considering whether to approve the guidelines. An operator's compliance with Commission-approved self-regulatory guidelines will generally serve as a Asafe harbor" in any enforcement action for violations of the Rule.
Enforcement
The Commission may bring enforcement actions and impose civil penalties for violations of the Rule in the same manner as for other Rules under the FTC Act. The Commission also retains authority under Section 5 of the FTC Act to examine information practices for deception and unfairness, including those in use before the Rule's effective date. In interpreting Section 5 of the FTC Act, the Commission has determined that a representation, omission or practice is deceptive if it is likely to:
mislead consumers; and
affect consumers' behavior or decisions about the product or service.
Specifically, it is a deceptive practice under Section 5 to represent that a Web site is collecting personal identifying information from a child for one reason (say, to earn points to redeem a premium) when the information will be used for another reason that a parent would find material -- and when the Web site does not disclose the other reason clearly or prominently.
In addition, an act or practice is unfair if the injury it causes, or is likely to cause, is:
substantial;
not outweighed by other benefits; and
not reasonably avoidable.
For example, it is likely to be an unfair practice in violation of Section 5 to collect personal identifying information from a child, such as email address, home address or phone number, and disclose that information to a third party without giving parents adequate notice and a chance to control the collection and use of the information.
So there, you have it all in an unbiased approach. Make your own decisions.
Now for some opinion pieces and other media...
Why weakening COPPA could put children at risk online (https://www.scmagazine.com/home/opinion/executive-insight/why-weakening-coppa-could-put-children-at-risk-online/) - SC Media
Don't Panic If Your Videos Are Misclassified As Directed To Kids While They Work On COPPA Compliance (https://www.science20.com/robert_walker/to_youtube_creators_dont_panic_if_your_videos_are_misclassified_as_directed_to_kids_while_they_work_on_coppa) - Science 2.0
YouTube’s FTC-Mandated Rules for Kids Content Infuriates Creators (https://nerdist.com/article/youtube-ftc-kids-content-creators-demonetize/) - Nerdist
YouTube’s next big change could penalize anyone who creates for kids (https://thenextweb.com/google/2019/11/15/youtube-change-child-videos-ftc/) - TNW
YouTube’s new kids’ content system has creators scrambling (https://www.msn.com/en-us/news/technology/youtube-e2-80-99s-new-kids-e2-80-99-content-system-has-creators-scrambling/ar-BBWIeZB) - The Verge
YouTube says it has ‘no obligation’ to host anyone’s video (https://www.msn.com/en-us/news/technology/youtube-says-it-has-e2-80-98no-obligation-e2-80-99-to-host-anyone-e2-80-99s-video/ar-BBWB214) - The Verge
YouTube May Delete Accounts that are not 'Commercially Viable' (https://thehansindia.com/technology/tech-news/youtube-to-delete-accounts-that-are-not-commercially-viable-580318) - The Hans India
Google’s YouTube & U.S Law By Effect Is Global (https://www.reporter.bz/2019/11/13/in-our-new-global-village-googles-youtube-u-s-law-by-effect-is-global/) - The Reporter
YouTubers Are Lobbying FTC to Fight Child Privacy Law Expansion (https://finance.yahoo.com/news/youtubers-lobbying-ftc-fight-child-100000758.html) - Yahoo Finance
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Like almost everything before this. Everyone on the internet blows stuff up out of proportion. Before this it was Tumblr's cleanse which didn't do much. Then there was that European Union privacy ruling that... well didn't do anything noticeable. Before that there was that privacy thing in the US too which also didn't do anything. So I'm not worried. We'll adapt and most people won't notice any difference.
It is unfortunate though if it hits children content creators who are legit trying. But many are not and have questionable content and are just trying to gather data... like Google? Oh dear.
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I figured it was important enough to bring up... sure it might not be doing much at the start but it give them the power to abuse it... when people come to power who want to abuse it.
I also feel like children really shouldn't be on the internet or have an email address, etc... I didn't have any of that when I was a kid... sure the internet was young but it was there. I wasn't given free reign online until I reached the age of thirteen. I had my one email address and I was told not to join any websites, become a member, etc...
At that point in time I was more interested in the latest PlayStation game and making model cars or making stuff with my k'nex.
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Lets be fair and present COPPA in a fair way. All too often people are only framing this around Youtube. But it's scope is beyond that.
Here is their website (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule). It's the official FTC COPPA page.
Lets see what COPPA is in legal speak....
I appreciate the entire document being released. I am going through it before I can give a proper statement on my end. I want to assess the possible positives and cons for this document. One of the positives so far is that it will "protect" privacy of children.... but what about adults? I don't think children should have free reign on the web at all. Their minds should be developing outside of the internet and computers, but that's a whole different argument I guess... The big concern for me so far is how could this be used in the future to go beyond its means. The government of all country's does that all the time.
Everyone on the internet blows stuff up out of proportion... I'm not worried. We'll adapt and most people won't notice any difference.
You're right. You're so right.
sure it might not be doing much at the start but it give them the power to abuse it... when people come to power who want to abuse it.
I also feel like children really shouldn't be on the internet or have an email address, etc...
And I agree on both points. Children should be developing OFFLINE, not on it. There's a lot of bad things on the web and they should be out and about using their own imagination. Not being glued to a screen. This kind of goes for everyone...
And I agree about the possible abuse of this law and others like it in the future.
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I have read down to SEC. 1307. REVIEW. So I am getting there. On paper so far nothing seems alarming.
I am willing to bet.... actually, I KNOW, all the people who are up in arms, 99% of them haven't read this. And that goes for all things social media related. There are this random things everyone jumps on, and no one actually reads. They just scan stuff and think they know it all.
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I haven't read it, but I am also not concerned at all. Nothing's going to happen that affects most of the populace. There's been crusades like this before by an active vocal minority of people online who make a big stink about things. For the most part, nothing ever really happens.
Everyone's such an activist behind a keyboard... but most of those same people wouldn't get up and actually try to help solve things. But they're fine doing it behind their keyboard.
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If this is enforced this could lead to our type of content going back "underground." You'll have to be in the know to get to see what you want. But this purely depends on how strictly this will be enforced.
I'm wiling to bet, like most Youtube changes, they follow up on it for the first few months then lax and forget about it.
There's so much illegal content on Youtube already and nothing is done about it.
The take away though is, to be safe, download what you want from Youtube before this rule goes into affect.
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This is a good piece by Sethisto discussing what COPPA does and possible pluses and minuses. But yeah, many are overreacting and he agrees. But check it out.
"As most of you have probably heard, Youtube has announced new requirements for videos going forward in response to the Children's Online Privacy Protection (COPPA) regulations that recently struck them with a lawsuit. Usually it would be Youtube themselves causing issues for creators with new changes meant to bring on more profits, but this one is pretty much entirely out of their control. It's a government based regulation.
The basic requirement is that certain videos and channels need to be tagged as "children directed/attractive/friendly", which turns off comments, subscriptions, and a host of other Youtube specific community features that people rely on. The biggest hit is the targeted ads though, as that is a huge chunk of revenue for creators, cutting overall income down to as small as 1/5th what they are currently earning.
What is "Child directed/attractive/friendly" exactly? That's the big issue, and the main reason why it's a huge deal for the pony fandom. The rules are almost laughably vague. Is it colorful? It's possibly child attractive! Is it about a cartoon? Only children watch those right? Toys? Kids of course! That's where the disconnect come from. The internet is filled with colorful goofy characters kids would absolutely love, but from media directed to adults instead. The last decade and a half has given huge rise to the world of the adult cartoon, and the idea that geeky adults can enjoy shows for kids, while creators of said shows include stuff only they would get. Sound familiar? It's pretty much Friendship is Magic in a nutshell.
The consequences are also ridiculous. If someone releases an adult focused My Little Pony video on Youtube and labels it "not child friendly", it could still technically be targeted by the FTC because it involves a child friendly topic. The punishment? Up to $42,000 fines per video.
Several pony youtubers including Sim Gretina have depublished their videos in an effort to protect themselves. Their channels are labeled "not child friendly", but the guidelines are so vague that isn't a defense at all.
So, what can you do? For starters, the official ruling has a comment page people can pop their thoughts into. It's currently being flooded by everyone shouting them down, but they might read it.
There is also a petition going on at the moment with a goal of a million signatures. Usually these are considered a joke by government entities and solve nothing, but with enough traction it might make it somewhere.
The only real thing you can do that will most likely accomplish something is keep the discussion alive. Spread the word. This will hurt everything people have built since Youtube became a thing. Anything at all involving something kids "might" like is now subject to COPPA and fines if they aren't labeled as such.
Personally I've always thought it was the parents responsibility to keep their kids off the internet and away from topics they aren't comfortable with, but apparently the US government doesn't agree. On a site that already requires 13+ for an account, it baffles me that this is even a thing. Hopefully something good will come of it, but seeing how they handled a few other major internet-focused issues over the years, I'm not too confident in their ability to navigate anything technology based." - Sethisto
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Sure... people may be overreacting and it may not effect them... now... but that is the problem... everything is too vague... and it is made to be vague so they can go in half cocked without breaking their own laws. This is bad. The videos popping up may be annoying but it is the only way they can spread the word and get people talking about the subject and bringing it to the governments attention... this isn't a YouTube thing... it's a government thing. YouTube did something wrong and now they are stepping aside so the content creators can take the hit.
It's more annoying that it is our responsibility to protect the innocence of another person's child when the parent should be monitoring what their child is doing online, until they are thirteen. Now that kid friendly content will disappear, because anything marked as meant for children won't show up when searched and won't show up in the feed as a recommended video. So children on the platform will not be able to find the content that is safe for them to view. Since the FTC and YouTube will be using bots to label these videos... context will be thrown out the window because the bots will be of the lowest quality available.
It's better to be apprehensive and aware over ignoring it and hoping it won't blow up in your face. Here's hoping for the best... The government should stay out and tell parents to watch their damn kids... because I have seen parents willingly give their child a game like GTA or play a game like GTA with them in the room. I can't bring myself to do that but I have seen people in my family do that.
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Anytime the government has more control than a family... it's probably not good. Since when have you seen the government run something well or efficiently without running into cost overruns? Yeah... you haven't. :(
So we as the people need to tell the government what we think, because after all, they work for us. It's not the other way around... though most politicians seem to forget that.
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Well of course people don't read into things. Just like probably everyone crying about this doesn't realize COPPA has been a law since 1998 (https://en.wikipedia.org/wiki/Children's_Online_Privacy_Protection_Act).
It is only now, incompetent Youtube feels like they will enforce it.
COPPA went into effect in 2000. Even way back in 2011, Mark Zuckerberg criticized COPPA (http://fortune.com/2011/05/20/zuckerberg-kids-under-13-should-be-allowed-on-facebook/).
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https://www.youtube.com/watch?v=pwnvjuCTb54
I found this video interesting.
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https://www.youtube.com/watch?v=pwnvjuCTb54
I found this video interesting.
If it's as bad as it is... I'd think this video would be removed. Good info. Thanks!
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This deserves to be watched. Good vid, Mega. Here it is folks, give it a watch.
People are wrongly putting the blame on the FTC when the blame should go to YOUTUBE/GOOGLE for their ineptitude and greed
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So Google wouldn't make as much money so they are doing this? We all know Google is a greedy company who wants your info.
So it is their stupidity and greed they are placing this blame on people.
The FTC isn't here to sue people. They don't even want to. But Youtube's and social media blew it out of proportion making people believe that. NO. FTC is not going to sue content creators. Don't be silly. But if your channel causes trouble for Youtube, they will just axe your content.
COPPA has been around since 2000. Other site's that have followed the law, don't have anything to worry about. Youtube who purposely ignored it for profit and data now is placing the blame on others.
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To some level, Youtube has followed COPPA. You aren't allowed to join unless you are over 13. They made YOUTUBE KIDS for people under the age of 13.
But people lie and join when they are under 13. It's not their fault then... is it?
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To some level, Youtube has followed COPPA. You aren't allowed to join unless you are over 13. They made YOUTUBE KIDS for people under the age of 13.
But people lie and join when they are under 13. It's not their fault then... is it?
I think it's because you can watch most videos without needing to be logged in or click an, I consent to the use of cookies and I am over the age of thirteen.
I still feel it is the duty of a parent to monitor what their kid is doing online... or acknowledge that their data is being collected while they are browsing the internet. It's complicated and stupid. It doesn't help that they push their creators to censor themselves to be advertiser friendly, kid friendly. It's weird. It's stupid. It's putting the creators in the middle of a fight that they don't belong in... because the content creators aren't the ones collecting the data... it's youtube and google.
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I still feel it is the duty of a parent to monitor what their kid is doing online...
And it should be. But we sadly see how most parents just hand a phone or tablet to a baby and let it entertain them. They don't even pay attention to what their kids do and buy the Grand Theft Auto at Christmas.
It comes down to bad parenting.
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So.... January 1st came around. Haven't heard anyone say anything. Don't think Youtube's done anything.
There are no media articles either. Could this just be yet ANOTHER example of the social media world overreacting and nothing changes or happens?
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I haven't noticed anything change. It might be too soon. But I think it was blown out of proportion as per usual with the internet.
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Nothing has happened yet. Youtubers who were decrying haven't brought any of this up since mid December.
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Alright. Youtube has made an official press release that went to content creators today. Here it is.
Jan 6, 2020.
"Last September, we announced a series of changes that we’d be making to better protect kids and their privacy on YouTube, and to address the concerns raised to us by the U.S. Federal Trade Commission (FTC).
Specifically, that all creators would be required to designate their content as made for kids or not made for kids in YouTube Studio, and that personal information from anyone watching a video designated as made for kids would be treated as coming from a child, regardless of the age of the user.
Starting today, we will no longer serve personalized ads or support features such as comments, Stories, live chat, notification bell, and others on videos designated made for kids.
We know these changes may have significant impact on creators making kids content, so we’re committed to helping them navigate this new landscape. We continue to engage on this issue, including by participating in the FTC's open comment period. We know many creators have provided valuable feedback as well.
If you haven’t already, please ensure you have set your channel (or individual videos) as made for kids or not, as this will ultimately determine how your content is treated on YouTube.
Creators know their content best, and should set the designation themselves. We also use machine learning to help us identify this content, and creators can update a designation made by our systems if they believe it is incorrect. We will only override a change if abuse or error is detected."
Thank you,
Youtube Team
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We'll see how it goes.
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I am definitively seeing some irritating quality of life changes now.
Videos marked as kids content can’t be added to playlists and have their comments disabled. Even the miniplayer doesn’t work. I only ever opened that thing by accident, but like... why?
And if the entire channel is marked (such as Disney, Cartoon Network & Nickelodeon) then the notification bell and the search bar are lost. It’s gonna be sooo much harder to find anything! >:(
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That is pretty annoying.
I haven't noticed these changes yet... weird....
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I've ran into a couple videos like that... makes ya wish youtube went with the you need to be a registered user, logged on and of age to use our platform approach. Basically kick out the children completely and force the kids to use the kids app. I'm pretty sure they have enough users that it won't hurt their ad money but so much... I mean if you have a smartphone you probably have a gmail account and a youtube account.
On another note... if your kid has a smart TV or your home has some kind of amazon alexa or google assistant device... well they gather data on your kids too. Ya gonna do anything about those lovely devices?
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Kids make em' too much money. Personally I would hate being forced to log in. I never log in to Youtube to watch stuff.
I think it should be switched. Make the kids have a safe account they log into (parent log into) and then the child can safely be on Youtube without threat of bad content.
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I don't know if it has something to do with COPPA... but recently I noticed that Youtube is being slower to load stuff than usual.
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Kids make em' too much money. Personally I would hate being forced to log in. I never log in to Youtube to watch stuff.
I think it should be switched. Make the kids have a safe account they log into (parent log into) and then the child can safely be on Youtube without threat of bad content.
I really don't see the problem... most people have the log in saved or set to never log off and boom, done! The other way around would never work since the kid would just log out and browse the site regularly, never use the safe account.
My real vote is to scrap the freaking law because it doesn't actually do anything in the end... besides give a government body more power. That governing body should be making parents more aware of the dangers of the internet and to take responsibility for your kids not push it onto people living in other states or countries. But what do I know? XD
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Eh. It hasn't really been that bad. Hasn't effected anything for the most part to me. It stinks it had to be done, but I haven't seen a whole lot change and no mass deletions. I'm fine with this.
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There are some minor quibbles, but yeeeaaah, it's not a big deal.
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One of my sh!t post meme videos got flagged as content for children! XD
Nothing too crazy, I just find it funny! XD
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Pretty much anything with cartoons will automatically be named a child's program now!
Imagine all the adult cartoons where owners never came back to change stuff and now it's labeled kids content. ;)
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Pretty much anything with cartoons will automatically be named a child's program now!
Imagine all the adult cartoons where owners never came back to change stuff and now it's labeled kids content. ;)
But I have a couple of anime related sh!t post videos that perfectly fine... ???
I guess the Youtube algorithm is one of those guys that thinks that anime are not cartoons! XD
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Anime is a cartoon? ;)
Yeah, it will be awhile before they can master that crazy algorithm.... possibly never.
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YouTube bots are bad... which is a partial fear for some creators, when their obviously not for kids animation gets flagged for kids... just because it's animated.
I watched markiplier do a where does youtube take new viewers video by using a VPN and incognito mode... found out they recommend or suggest more content from big broadcasting companies like ESPN and FOX among other things, I think Jimmy Kimmel as well. Which makes sense to do that with the current COPPA thing in effect and youtube being watched by big brother. lol.
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Google is big brother. They share all the data. I worry about them more than the US government.
Google will sell your soul for pennies on the dollar... and scarier, most people just give them all the info they want without even trying.
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Google is big brother. They share all the data. I worry about them more than the US government.
Google will sell your soul for pennies on the dollar... and scarier, most people just give them all the info they want without even trying.
Google is one of the biggest online threats in our era for sure. They own and know so much. If they teamed up with Amazon and their knowledge of what people buy.... Google would truly own and know everyone. It's as scary as heck.
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I'm pissed because my uncle is all google and gave me and my family a google stadia and a google home mini... I didn't want to throw it away or tell him to keep it so I accepted it... and instantly got pissed when setting up the device... why do I need to turn on my cell phones location to connect to a device setting right in front of me... why? It freaking pissed me off! lol. I hate it. My off topic rant for the day.
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... why do I need to turn on my cell phones location to connect to a device setting right in front of me... why? I
Google is dangerous. Extremely dangerous. "Turn on your location services to better provide you with better services tailored to your needs." - Google. NO. NO I WILL NOT. It is why when I get any new phone or tech, I remove anything that is Google on it. I get rid of the Google search and all their tracking services (As much as you can at least).
It stinks because some phones REQUIRE you to have a Gmail... not an email.... a GMAIL and a Google Account just to use the device YOU JUST BOUGHT.
Don't get me started. Lol. Google is horrible.
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They're all horrible... but yeah, google is the worst... it's not like it says you have to turn on your location to use the device... but you have too. I turned my location back off as soon as I finished setting up the device.
I want to tell the google home mini to self destruct. lol. Because I really don't want it or the amazon equivalent to it.
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I have an Alexa.... and it worries me what she collects. I have her in a far away place I rarely go too, lol. So the only time I come in contact with her is when I leave or enter. I usually just ask the weather and that's about it.
As for phones, I hate how they all want access to all your files and info. They all want location turned on. :P If I can't turn off that stuff, I am simply not downloading that app.
I did a recent check on my Google account and went through EVERYTHING and turned it off. Thankfully Google has no location info on me, no advertising info, and saves no history. It also isn't allowed to track my Youtube history. You can turn a lot of it off in your account, but they really burry it.
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No one is safe if you have your data online. Let's not forget the biggest seller out information out there, Facebook. Anyone who has Facebook and shared their information, it's already sold to everyone.
Google does the same thing. You have a Fitbit? Well your info is being sold to your healthcare providers and insurance to eventually tell you to either work out more, work our less... your credit card data combined with that can tell them what you eat. PAY WITH CASH AS MUCH AS YOU CAN. It leave behind no trail for them.
Microsoft and Apple do a lot less of these practices, but they do do it to some degree. But they also promise security of your data and are moving more towards a pro-user approach. Yahoo also hasn't been known to sell your info to a large degree, at least nothing major has been written about it. Google is pretending they are, but they aren't. Facebook pretends, but has been caught in so many lies since they publicly announced they would.
Alterative browsers/search engines to use would be Safari, Edge, Bing, Duck Duck Go. They don't track your searches and data if you click if off. DDGo doesn't at all.
Firefox was recently found to have security breaches with data leaks. Google and their Chrome browser of course compiles all your data and saves it for them to use and sell.
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These companies don't need our info for any of these programs. They never needed it before... but now information is the most valuable thing. Google is more or less an information company. Look at Google Maps... Streetview.... all information to match where people are and live with their other programs. So much of this is masked as if it is better for us.
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It's sad how much is tied to a Google Account now days. :P
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Alterative browsers/search engines to use would be Safari, Edge, Bing, Duck Duck Go. They don't track your searches and data if you click if off. DDGo doesn't at all.
Firefox was recently found to have security breaches with data leaks. Google and their Chrome browser of course compiles all your data and saves it for them to use and sell.
When I was using my laptop I got used to edge... didn't want to bog down my PC with a bunch of different web browsers that all do the same thing... I'm using the new edge which is chromium based but not google. I'm pleased by it. It's like Chrome but without google. I hope it stays that way.
I mostly use my phone for youtube and gaming on the apps from the app store... so all they got is my preferred puzzle games and youtube... which is google anyway. I love and hate technology... lol. I'm waiting for the day that swat bursts into somebodies home because they were playing call of duty and their google home got concerned... it heard talks of plots to blow up and bomb places. You've picked up the bomb, the bomb is armed protect the bomb. Insert other generic phrases from search and destroy.
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Since this has become an internet security type topic, AVAST Antivirus security services have been caught selling your data to tons of companies.
Antivirus firm Avast is reportedly selling users' web browsing data (https://www.cnet.com/news/antivirus-firm-avast-is-reportedly-selling-users-web-browsing-data/)
Time to delete.