State Law Seeks to Regulate MySpace Community

[rogerd]

According to a CNN article [cnn.com], lawmakers in Massachussetts want to force MySpace to raise their minimum age and submit to a host of other restrictions.

In the last few months, MySpace has garnered a lot of negative publicity when adults tried to meet underage children via the service.

The thought of individual states regulating online communities is scary in many ways. For one, conflicting regulations could develop in different states, creating an administrative nightmare. The biggest problem is taking the community operator out of the role of providing a platform for others to use and putting that operator squarely in the middle of being responsible for user-created content.

He asked MySpace to install an age and identity verification system, equip Web pages with a "Report Inappropriate Content" link, respond to all reports of inappropriate content within 24 hours and significantly raise the number of staff who review images and content.

He also wants filters to block sexually explicit or violent images, deletion of profiles of people who have abused the site, removal of all advertisements deemed inappropriate for children and free software that allows parents to block MySpace.

I hope this is just a publicity stunt by a state politician looking for some free press. Of course, some of those demands are things many community operators do as a matter of course.

<fixed typo>

[edited by: rogerd at 8:30 pm (utc) on May 3, 2006]

[dauction]

Something has to be done..myspace certainly hasnt take enough steps to clear up many issues that directly affect minors..and adults assiciation with them in inappropriate manners.

I agree each State with it's own set of rules is not the way to go about it ..but the talk does keep pressure on myspace to work on solutions

[Marcia]

The thought of individual states regulating online communities is scary in many ways. For one, conflicting regulations could develop in different states, creating an administrative nightmare.

It's still far better handled at the state level, where legislators are closer to the public and the issues, rather than at the federal level, where things are far more likely to get bogged down in political wranglings, filibusters and red tape.

The biggest problem is taking the community operator out of the role of providing a platform for others to use and putting that operator squarely in the middle of being responsible for user-created content.

Responsibility is another issue, but it also comes down to defining what's a community that's a personal hobby or part of an organization or group providing a platform and meeting place, or one that's a business.

Every state has requirements and regulations for businesses that operate within its jurisdiction; and it's actually less a matter of regulating online communities than of regulating how businesses operate, and whether they're performing up to state-established standards.

There are many instances where things are first handled at the level of local state statutes and resolved interstate or in cooperation with Federal authorities.

[rogerd]

>>It's still far better handled at the state level

I just don't see how that could work. What if Mississipi says you have to be 18 to post, and Nevada says 17? Or states define different standards for objectionable content removal?

Today's online communities are often global in nature, and for one state to assume that it can set the standards for the world is ludicrous. Communities and social networks will have to do what the online casinos do, and move outside the reach of clueless local lawmakers. Although I don't see a need for special laws, at least a federal law would provide some consistency for US-based communities, rather like COPPA did.

[Demaestro]

I want to echo what roger was saying, just because they pass a law in a state doesn't mean anything when they can't enforce it. I would even take it a step further and say that some of these lawmakers know full well that this type of law will do.... which is nothing. They go ahead with it anyway so that when parents get all upset they can point to the legislation and say:

"Look what we did, we are trying"

Does anyone in this forum know where the mySpace.com physical server location is? Their Head office? If it is Sweden or Germany then I think Massachussetts might have some issues with extending their law to a totally different country.

It is dangerous for lawmakers to imply to the public that the solution is to create laws. The solution is something alot of parents don't want to hear, and that is that is up to them to protect their children from the computer. These laws just give them someone else to point at when their children go awry.

Myspace is bad but laws aren't going to make it better.

[Marcia]

Internet advertising is global, yet the current class action suit against Yahoo for PPC abuses was initiated in New Jersey. It's been going on for years, and the Federal government (FTC) has done nothing.

Eliot Spitzer brought action against companies in New York and won. That also has been going on for years, and again - the Federal government has done nothing.

It isn't a matter of reach, it's a matter of venue.

[Demaestro]

Marcia you are right the difference being is those companies are breaching, 'weak', but existing laws.

These guys are trying to make up new laws making things illegal that currently aren't. And even worse laws they most likely can't enforce.

I think they need to remember that a while ago there was this really important document drawn up in the USA, it was so important that they even made amedments to it, I suggest the lawmakers have a look at the first one before they start deciding if they can dictate how someone runs their business.

[vincevincevince]

If there are genuine problems with MySpace in terms of consumer and public safety then I think it is only right and proper that controls are put in place. The fact that it is done at state level surprises me (surely state govenments are able to 'put things on the agenda' at a national level?). Then again - I am not overly familiar with the US justice system.