minimum age for your forums

Brent · Posted: 1/10/2006, 3:33 pm Post subject:

I really don't have an age limit, but like Patrick we have to comply with COPPA so therefore my age limit is 13.
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Teknomancer · Posted: 1/11/2006, 5:28 am Post subject:

I run a cartoon and comic book forum, I'm bound to get younger audiences and I have no age limits. I frankly don't bother to read COPPA or similar laws because I never give out any personal details. I never ask for any personal details not even a real name.

All the information about the user is OPTIONAL. I don't see how any law can hold me responsible when the user himself gives personal info and it's stored in my domain.
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Brent · Posted: 1/11/2006, 8:46 am Post subject:

Ex0dus · Posted: 1/11/2006, 6:21 pm Post subject:

the point of the law is that children dont understand just how important their personal info is, so even if it is optional, they do give it out for weird reasons and dont know what theyre potentially getting themselves into.

What is considered personally identifiable is not limited to a real name field for info either. It can be their email, birthday, location (used in conjunction with a pretty obvious username). Gotta be real careful with coppa, and even displaying the info publically (via a profile, forum post, etc) is considered sharing. The children themsevles are not responsbile for their actions if they give out their info, but you are. Thus you need to do everything you can to make sure any info gathered (from children under 13) is given only for use for internal site functions.

Ive never heard of any sites really getting hammered on COPPA, but situations above are very plausible for coppa infringement.

-Ex0dus

Brent · Posted: 1/11/2006, 11:17 pm Post subject:

Very good point, Exodous. I think if anyone under 13 signs up on my board I will have to have a talk with them because that is the LAST thing I want is to get in trouble with the law or anyone for that matter.
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Teknomancer · Posted: 1/11/2006, 11:18 pm Post subject:

If Coppa went around sueing every site that has < 13 members they'll be working 24x7x365 for the next 100 years. While I agree that it's a risk with Coppa don't you think it's a bit impossible to cope with all the laws out there with regard to this especially on a worldwide scale? It gets complex, the law itself is ambiguous for the sake of argument from both sides, and across countries doesn't make things any simpler.

So does this mean that no child (< 13) can participate in a forum by registering? And when registering almost every site out there aks for information because:

1. You need to have information in the event of a legal complaint arising from the member's use of the forums.

2. You need to have information to make bans more effective.

Displaying information such as e-mail CANNOT be avoided.. How does other members of the forum contact the child? Not everyone can use a mere e-mail address for devious purposes agatinst the kid.

And if storing information is allowed and not displaying the information, what happens in the even the information is stolen? Then what? Does the administrator stand liable for that when the information was actually stored in another country's sever like the case with me...??

The reason why you say you have not heard of any site being 'caught' by Coppa is probably because of the various International, National laws conflicting with Coppa.
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Brent · Posted: 1/11/2006, 11:22 pm Post subject:

True...
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Patrick · Administrator

I pretty much agree with Exodus's last post. I think it's sticky to do what some are doing. At the same time, this forum is not to be construed as legal advice. This is just a respectful discussion. You should always seek the services of qualified legal counsel. If you go to your attorney and they tell you you can take it down, as Kirsty did, then there is your answer.

Of course they aren't going to go after small sites. Just because you probably won't be targeted doesn't mean it's right/wrong, either. I always operate under the belief that I should always do what I believe is appropriate/right, whether the light is shining on me or not. In other words, I could take a pack of gum and slip it into my pocket at a store and no one would know. But, I'd know. And that'd be more than enough. Looking at that analogy, I feel it's necessary to say that I'm not equating stealing something with circumventing the COPPA, but the example I'm trying to make is that you shouldn't do something just because you think you won't be caught. That's not safe or appropriate. Just do what's right/appropriate at all times, whatever that may be and you'll be good and not have anything to worry about.

Small sites won't be targeted. But, if you ever plan to be a big community with a good bit of traffic from the US, I'd definitely work with the COPPA.
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Teknomancer · Posted: 1/12/2006, 11:12 am Post subject:

Just wonder what your thoughts on this might me.

So during registeration just saying them to click a link that they need to be above 13 is good enough to defend onself against Coppa?

If so I'll do it right away.

Because apart from this there is not anything I've seen from anysite that does anything else in this regard.
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Patrick · Administrator

The way it works is this:

There is a link before they enter any information asking them to say if they are or are not 13. There are two links. One that amounts to yes, one that amounts to no. If they click yes, they can go register. If they click no, they are sent a form via e-mail that their legal guardian must fill out, sign and send to you via fax, regular mail or photocopy via e-mail. I imagine if clicking no simply meant they couldn't register on your site at all, that would also satisfy the COPPA. That's a guess on my part, but it makes sense.
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