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Αναφορά προβλήματος μετάφρασης
COPPA violations are not something to be arbitrated between store and customer, it's something that goes between the store and the government. FTC states to report COPPA violations to the FTC, so that is the proper procedure.
Reporting COPPA violations to the FTC is the proper channel, going through arbitration is not the proper channel.
Also, remember, I am on the side that Valve's statement in the Family View FAQ isn't about creating accounts for under 13 year olds, but it's about creating accounts for children between 13-17. If Valve answers my support question with a Yes, which I highly doubt they will answer with a Yes, then I'll go through the proper channel of reporting the COPPA violation to the FTC.
It sounds to me that companies have to make reasonable efforts to ensure they get parental consent for accounts that will be used by children. It also seems to me that requiring the parent to be the one creating the account in the first place makes it pretty clear that they are giving their consent.
And when they say:
... the use of "include" implies this is not an exhaustive list, but merely a series of examples of acceptable ways to demonstrate parental approval.
I mean, if it's up for interpretation at all (and it seems very much to me like it is), then it's not the slam dunk you seem to believe it is. And that's not even going into whether it makes a difference if they "meant" 13-17 or under 13, which I don't think is relevant if it's not stated explicitly.
I think the dark marketing was far worse than the coppa crap, cause to be fair I don't think epic actually knew fortnite's largest audience was going to be children when it launched. which is a big deal with coppa as things aimed at children and consumed by children are two distinct things. I imagine they would probably do it all the same again, cause the goal is to build the platform at all costs, deal with the consequences later using the pile of cash generated.
Too easy to get steam points currently to warrant anything of the sort otherwise.
You are wrong in what you are thinking here. The law actually spells out what is considered as verified parental consent. First of all, simply clicking a button saying "I am 13" is not parental consent at all, not even close. Second of all, look at the actual law
https://www.law.cornell.edu/cfr/text/16/312.5
Valve does absolutely none of those. And everything Valve does has nothing to ask for consent at all, implied consent when they have no idea if the person is actually the parent or not is not sufficient to cover the law. It is an absolute fact that Valve has nothing to ask for parental consent as per what the law requires. Nothing that Valve does can be considered as getting verified parental consent at all. if what you are saying is true, then absolutely everyone, including Epic, Microsoft, Google, and everyone else hit with COPPA could have easily got away with it because they all used to do the same exact thing as what Valve does now, and what Valve does now is not sufficient for knowingly collecting children's data.
So your entire point here is wrong.
the "dark patterns" thing has some strange things to it though, not all of it was strange some of it was legitimate, but the FTC even complained by the fact that (as an example) the B Button on a controller was used to do something on a menu, but was used for like switching weapons in the game, and they considered that as a dark pattern too.
And yes, if Valve's statement on the Family View FAQ does in fact mean creating an account for a user under the age of 13, it would mean that Valve is knowingly collecting childrens data, and they would be doing it illegally since they do not do anything to suffice COPPA laws.
of course this is the part I admit I'm not a lawyer, big surprise right, and acknowledge I probably have no freaking clue what I'm talking about.
Who else are child accounts for?
I mean it's not like GoG, Ea,Google, Amazon, Youtube, etc, must all be in violation as well. Huh. Weird that the FTC would let so, so many, many, companies just ignore COPPA...
or your understanding of it is incorrect. I wonder which is more likely?
Not technically. If I as a parent set up a bank account for my child I am not the holder of the bank account am I? Again. Real world be full of these examples m8. YOu have to be ignoring quite a bit to make these arguments.
Why you THINK you have an understanding. Buut as said. There's waaay too many companies out there that are some how aalso getting away with this. And yet.. FTC seems oblivious ...either the FTC is incompetent, or you're mistaken. WHich one is it?
Steams doing as much as is required. Same as Amazon, GoG, EA, Google, Yahoo, Facebook, Twitter, Twitch and literally hundreds of other platforms and sites.
umm, what?
Google/Youtube hit with COPPA Violation
https://www.ftc.gov/news-events/news/press-releases/2019/09/google-youtube-will-pay-record-170-million-alleged-violations-childrens-privacy-law
Amazon hit with COPPA violations
https://www.ftc.gov/news-events/news/press-releases/2023/05/ftc-doj-charge-amazon-violating-childrens-privacy-law-keeping-kids-alexa-voice-recordings-forever
Microsoft hit with COPPA violations
https://www.ftc.gov/legal-library/browse/cases-proceedings/202-3129-microsoft-corporation-us-v
EA has a system in place for parents to set up under age child accounts, the process is COPPA compliant
https://help.ea.com/en/help/account/set-up-child-ea-account/
EA has a system in place for parents to set up under age child accounts, the process is COPPA compliant
https://www.ubisoft.com/en-us/help/roller-champions/account/article/creating-a-young-player-account/000079318
Facebook hit with COPPA violations
https://www.ftc.gov/news-events/news/press-releases/2023/05/ftc-proposes-blanket-prohibition-preventing-facebook-monetizing-youth-data
Also I feel like you are completely missing what I have been saying, so pay very close attention to what I am going to say next, ok? Valve would only be required to follow COPPA verification, which they currently do not, is if they knowingly have children under the age of 13 personal data. If what Brian stated is true, that would make Valve knowingly collecting child data, and since they do not do it in a COPPA compliant way, they would be in violation of COPPA. But I am on the side that Brian is wrong about what Valve's statement actually means, meaning Valve wouldn't be required to be COPPA compliant because their statement is about 13-17 year olds, and not about 13 year olds.
And if Valve is knowingly collecting child data, what they are doing is not currently enough as per COPPA laws. Every piece of COPPA I have linked to have literally shown the way that Valve does things is not COPPA compliant because they do absolutely nothing to do verified parental consent.
With bank accounts, children under the age of 18 cannot have a bank account on their own, they have to have a parent be on it as a joint account, and the bank sets it up that way. Then when the child becomes 18, the parent can remove themselves from the bank account and the account fully belongs to the now 18 year old. Steam has no such mechanisms, no child under the age of 13 can have an account, the account fully belongs to the parent who per the SSA is not allowed to transfer that account to the child when they turn 13.
Now you think, Sony, Microsoft, Nintendo, EA, Ubisoft, Epic, all companies who knowingly get child data all get verified parental consent as described in the COPPA law instead of doing it the "way" that Valve does it that you claim is compliant with COPPA. Why would they do that if they could just do it the Valve way of just clicking "I am 13 years old" button and then hand over the account to someone under 13? Thank you about it why would they go through the extra steps and expense if what you claim the way Valve does it is perfectly compliant with COPPA?
Even if Valves allows children under the age of 13 with parental consent, they still don't know which accounts are which, as they don't ask if the account is for a child. You could say the parental controls could flag that, but that could still be for children 13 and over. So at no point does Valve know the data belongs to a child. For them to knowingly collect the data, they would have to make some effort to identify which accounts belong to children under 13. Simply knowing that some users will be children statistically doesn't matter, you have to be able to identify it to knowingly collect it.
You are right that Valve doesn't have comply on the same level (they do comply though). That has to do with Epic's situation crossing a threshold to where they couldn't not know the data was, as a whole, belonging to and representing children. I don't know what that threshold is, but the FTC thinks Fortnite (meaning Epic) reached it.
Now maybe if I was playing devils advocate, I would argue that Valve could try to figure out which accounts are mostly used by children, by looking at data and playtime of certain titles. However, I would still think as long as they don't actually identify such accounts, and treat all accounts and data in the same agnostic manner, they wouldn't be "knowingly collecting" the data of children. Basically you have to either be able to know specific data belongs to a child, or that there are so many children, it becomes more likely than not. That's my understanding after reading about some of these cases
p.s. Even if you ask support if it's ok, they don't know when or if you will actually do it, and wouldn't know which account you made for them. Now I guess if you are super diabolical, you could tell them the name of the account you are totally 100 percent going to make for your child, and then the FTC could sue them for their ability to see that support message, meaning they must now know that account you named belongs to a child. I would hope the courts wouldn't entertain such a bad faith action, but who knows.
The key is if Valve is knowingly collecting that data, and if they are telling parents to create accounts for their child, then they know they are collecting data on children. it doesn't matter if they know what account are child account or not, nobody know what accounts are child or not unless they are told by the one that created the account that it is an account for a child, that is why it is about if with in reason the service knows if their service targets or entices children to have an account, and if Valve is telling parents to create account for their children then that is Valve knowing they have account for children, so COPPA compliance is required, which currently Valve does nothing to be COPPA compliant.
I don't know why you think why a service would have to know what specific accounts are child account in order to determine if they need to comply with COPPA requirements or not, that isn't how it works at all, they just need to know that children are creating accounts in order to be required to be compliant, and if Valve is telling parents to create accounts for their children then that is Valve knowing they are collecting data on children.
If Valve's statement isn't about under age children, then Valve can continue in blissful ignorance that there are children with account, and continue not doing anything that would be required of COPPA if they knew they were collect children's data. And if the FTC ever decides to look at Steam service and if they determine that Valve should have known they were collecting data on children because they provide games that are targeted towards under age children, then Valve will have to deal with that and settle with the FTC like everyone else has been.
forgot to mention this
If Valve says it is OK, then that is Valve admitting they know they do collect children data, and since Valve doesn't do anything to be compliant with COPPA that would mean they are breaking COPPA law.
Not to mention the only "personal data" required for a Steam account is the email. It doesn't ask for anything outside of that until you make a purchase.
Creating an account for YouTube, Xbox, and Amazon all require legal names, locations, and birthdates.