regarding COPPA, is the FTC overreaching their authority here?

[Cepheus Ace]

firstly I have no idea where posts about laws and such are supposed to be so I'm posting it here, if anyone knows where's actually meant to be then can you move it there?

now to the matter at hand, we've all been seeing the articles and the videos about Youtube's changes and the FTC fining people $42k, doom and gloom etc etc etc

https://www.ecfr.gov/cgi-bin/text-idx?SI...6.1.312_13

while I'm not a lawyer or such after reading this several times I can't find anything that necessitates content creators label there content as made for kids or not or be held liable or anything really. The law simply states that operators of websites or third party's that collect information on users have to seek parental permission and comply with the law and last I checked YouTubers do not collect or store any information nor are they operators.... so what the hell are the FTC supposed to do here? take YouTubers to court for not breaking any law?

if anyone here is a legal expert I'd like to know if I'm reading this correctly

[Rev. Rye]

Here’s a good place to start:

[Cepheus Ace]

Here’s a good place to start:

watched it, sadly it doesn't provide any useful information the legal matters, at this point I'm completely certain that the FTC can't fine youtubers $42,000 or take youtubers to court over this. they have no case here and are tryign to fearmonger content creators using the threat of authority they do not posses

https://www.ftc.gov/tips-advice/business...ance#step1
https://www.law.cornell.edu/uscode/text/15/chapter-91
COPPA is about collecting personal information, if YOU do not you collect information or do not receive any information collected by another party (in this case youtube/google) then the law doesn't apply to you

1. are you collecting any personal information on the users of Youtube?
   
2. do you receive from or are able to access information collected by youtube/google on its user?
   

If your answers to the above are all NO then its impossible for you to comply with COPPA. the law requires that website operators/service providers aimed at kids under 13 comply with the following requirements of the law:

1. notify parents that information will be collected
   
2. obtain verifiable permission of parents/guardians to collect information
   
3. allow parents to retrieve/review/remove all collected information upon their request
   
4. create a privacy policy that complies with COPPA
   
5. take measures to ensure personal information collected is secure
   

now how will you as a Youtuber comply with these requirements to be in compliance with COPPA? the answer is you can't, a youtuber can't do any of these things

Basically creators are going to be held liable of crimes/violations they literally cannot commit when the only party here who can commit such violation/crime is Google/Youtube.

[Chad32]

Unless this gets repealed, it will likely be the death spiral of YouTube. Things are so vague, and overreaching, that just about anything can be considered "appealing to kids". First they wanted creators to clean up their language for the kids, now everything's going to have to be mature content just to make it as repulsive to kids as possible. Because you can be charged 42k per video. Either that, or you make your content for kids, and loose almost all your revenue for videos.

[Rev. Rye]

Once again, this is in the early stages of enforcement, and as of right now, while YouTube's handling of this crisis leaves a lot to be desired, so far, it looks like the FTC's going to be less of a danger than a lot of people are fearing, and, at this point, it's unlikely that they will or even can create cases against every YouTuber whose work may or may not appeal to kids.

Another youtuber talking about it:

[Cepheus Ace]

Once again, this is in the early stages of enforcement, and as of right now, while YouTube's handling of this crisis leaves a lot to be desired, so far, it looks like the FTC's going to be less of a danger than a lot of people are fearing, and, at this point, it's unlikely that they will or even can create cases against every YouTuber whose work may or may not appeal to kids.

Another youtuber talking about it:

Youtube's retarded bot begs to differ since we all know that it will without a doubt do everything it can to make everything worse, it always makes everything worse

[Rev. Rye]

Once again, this is in the early stages of enforcement, and as of right now, while YouTube's handling of this crisis leaves a lot to be desired, so far, it looks like the FTC's going to be less of a danger than a lot of people are fearing, and, at this point, it's unlikely that they will or even can create cases against every YouTuber whose work may or may not appeal to kids.

Another youtuber talking about it:

Youtube's retarded bot begs to differ since we all know that it will without a doubt do everything it can to make everything worse, it always makes everything worse

So the issue is YouTube's long track record of being their own worst enemy and not the FTC.

[brewer]

No personal information wanted.