Facebook dilemma

securityguy

heuchera wrote: »

If someone is illegally creating an account, FaceBook could (and should) take action. T.

Again, you dodge the question of "under what legislation?" What action do you believe they could take, and against whom? How do you think a US corporation brings criminal suits against a UK individual?

Let's get the facts clear.

Under US law, it is the responsibility of companies to either (a) exclude those aged under 13 or (b) comply with the reporting and consent requirements of the Child Online Protection Act, COPA, which imposes a variety of fairly onerous burdens on the company. Therefore, in order to comply with COPA (ie, to avoid falling under its requirements) Facebook have to make a plausible effort to exclude the under 13s.

The only law being broken when a 10 year old signs up for Facebook, and that only in a nugatory sense, is that a US corporation is not complying with its reporting requirements under COPA and if the US regulator (I can't recall whose call it is: Trade? Communication?) felt that the aggregate level of such registrations were high enough, they could go to Facebook under COPA.

It's none of the subscribers' problem, legally: the only thing Facebook can do is close such accounts (which they can, in general, do to anyone for any reason).

Talking about it being "illegal" is just nonsense: there is no law, either in the UK or US, nor any cause of civil action in the UK (nor I think the US, but it might depend on which state you are in), which applies. There's no civil cause of action because no action under terms and conditions can succeed as you have to be sixteen to form a contract in both the UK and the US so even if it were held that signing up to Facebook commits you to a contract with a venue (I'm guessing, I haven't read their terms and conditions in a while) in Santa Clara, neither US or UK law (a) permit civil actions about contracts for under-sixteens nor (b) permit civil actions against parents in such situations.

Going around telling people that 10 year olds signing up for Facebook is illegal just makes you look hysterical. Argue it's undesirable, and I might even agree. But it is simply factually untrue to say that a parent or child could have legal consequences, because they can't.

heuchera

securityguy wrote: »

Again, you dodge the question of "under what legislation?" What action do you believe they could take, and against whom? How do you think a US corporation brings criminal suits against a UK individual?

Cyberspace is nigh-on impossible to police. Rightly so, some might say. Which in my opinion makes it even more important to protect the young and vulnerable.

securityguy

So it isn't illegal, then? Could you make your mind up, please?

It's not possible for Facebook to bring a legal action against a ten year old, or their parents, whose house is next door to their offices, either. It's not about jurisdiction, it's about the laws involved.

ManuelG

Andypandyboy wrote: »

You may be right, but I think that is a reflection on the choice of friends and the way family have been brought up.

I don't disagree with you, but I did come to realise the grounded, down-to-earth non dramatic facebook friends were also the ones I saw regularly outside of facebook (in that thing called real life:eek:), whilst the dramatic ones I didn't.

So that made my choice to leave facebook nice and easy!

heuchera

securityguy wrote: »

So it isn't illegal, then? Could you make your mind up, please?

It's not possible for Facebook to bring a legal action against a ten year old, or their parents, whose house is next door to their offices, either. It's not about jurisdiction, it's about the laws involved.

Well, it's highly unlikely a 10 year old would be sued for anything, bar the most heinous of crimes! Even 17 year olds know they can pretty much do what they like, with impunity. And the parents who should take responsibility for them don't, in a lot of cases.