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by Gioni06 2700 days ago
I'm not a law expert, but IMO FB should seriously lawyer up. I can say that this kind of misconduct would almost certainly end up in court in Germany. A 13 years old consent with a cryptic data protection policy is not legally binding and luring kids in need of protection with money to give up fundamental rights can be viewed as an act of non-physical abuse.
2 comments
anonymous5133 2700 days ago
I have this app installed on my phone. When you sign up you purposefully have to get consent from an adult to sign up as a minor.
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bencollier49 2700 days ago
I'm not sure that works in law. A 13-year-old could click "consent" and not make a contract with FB.
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Gioni06 2700 days ago
I agree. That can also be called "common law" in Germany. Contracts with people who are not entitled to sign contracts on their behalf are not considered legally binding.

In that sense, it shall be treated as if there hasn't been a contract at all. The process is purposefully designed to get a signed contract as fast as possible. The technology to make proper ID (Age) verification is available, but my understanding is, that it is not used by facebook and its partners.

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morpheuskafka 2700 days ago
COPPA doesn't require foolproof age verification IIRC, otherwise the regular Facebook app and nearly every app on the planet that just asks for a birth data with no verification would be illegal.
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Gioni06 2700 days ago
That is 100% true. It's a regulatory issue that politics could address. Having no proper age verification is not illegal.

I mixed two points here. Contracts that contradict the law and my wish for better regulations.

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bencollier49 2699 days ago
Which I suppose is fine if this app was only installed in the US. Was it?
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inetknght 2700 days ago
All words and rhetoric unless and until someone makes a complaint to the regulatory agency.

I'm merely in the US; I'm not sure what agency would even protect my own friends and family from clear abuse.

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iGoog 2700 days ago
If you believe Facebook to have violated the law in your state, you can write your Attorney General and ask them to enforce the law or explain how Facebook is not in violation of the law.
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