New clarifications from the FTC about the YouTube COPPA violation settlement, and warnings about YouTube's expressly stated power to ruin us regardless. From the source, FTC update article Nov. 22, 2019:
As a counter-point, a lawyer analyzing & deconstructing the text of this post:
Original FTC announcement:
Full FTC news conference video:
Plain English resources about COPPA:
Responses to Frequently Asked Questions on this issue:
1) There is no "general audience exemption" in 16.1.312.2 of COPPA law that applies to creators except in a specific and presently rare scenario which does not absolve us from our responsibility to flag our content under the combination of FTC & YouTube mandates. Read up on the mere six relevant paragraphs for yourself to see.
2) It does not matter if your channel is monetized or not, all videos must be flagged correctly, no matter what. As I now understand it, technically the FTC may not be able to fine you if you are receiving *zero compensation* for your content, but YouTube can still take action against you if they feel you are being inaccurate.
3) This applies to you if you are outside the US. The FTC cannot fine citizens of another country, but again YouTube can take down videos or your entire channel if *they* decide you're non-compliant.
4) This is not COPPA's fault or the US government's fault. Google broke the law flagrantly and the *settlement agreement* (separate from & superseding law) that Google & the FTC brokered together is what we are now legally bound to abide by, and that agreement, *not COPPA,* passes the liability & risk on to us. This is explained clearly and with examples & even pictures in the original FTC complaint, available on their website.
5) This issue is not about a specific US political party. The bill that became COPPA was introduced by a Democrat and sponsored by two Republicans (one being the late John McCain). The bill was signed into law by a Democrat. The recent FTC vs. YouTube action was approved by three Republicans. Google flagrantly violated the law, this fact is irrefutable; they flaunted it openly.
6) This is not about free speech. COPPA law does not suppress freedom of expression in any way. Similarly the settlement agreement does not call for any suppression of speech or any content. They only stop people and companies from collecting and abusing private personal (and creepy behavioral & granular tracking) data of young children. For YouTube creators, it means we have to click the appropriate checkbox on a page. Per the settlement agreement, that's all.
7) The FTC is taking public comments to help influence the future of COPPA: However, note that COPPA and the FTC vs. Google settlement agreement are legally distinct, though related, and updates to COPPA law *will not reverse the settlement agreement* and will not rescind the current YouTube actions. They can in theory, at best, pave the way for a future amendment to the definition of "for kids" content as applies to YouTubers under this agreement.
Don't fall victim to assumption or misinformation and direct your ire in completely the inappropriate direction. Please watch & listen to the video or learn about the *facts* from the sources.
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November YouTube Creators video:
YouTube on "Determining if your content is made for kids"
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