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I am a webmaster for a company which markets toys and games, and I'm curious how others are treating this announcement. Thus far, our company has not changed anything, but that's because we've always had a policy of requiring parental approval before having communication with minors.
Quoted: "Today's order sheds light on how the law harms the rights of teenagers, parents and businesses to share information through legitimate and lawful commercial activities," Steve DelBianco, executive director of NetChoice, said in a statement. "We look forward to working with the Maine legislature to develop policy that will both protect the privacy of children while also respecting the Constitution. In the meantime, the judge rightfully put private litigants ‘on notice’ that the law has serious constitutional defects and any litigation based on the law will likely not be successful."
Hopefully they will be a bit more thoughtful in crafting the update.
Where marketing to young people is involved – including via the Internet - a person under 18 could be expected to understand the implications of giving consent in suitable cases. A company in this area would need to consider if, for example, a 13-14 year old could be expected to understand the implications of giving consent to processing of their personal data in order to avail of a particular product or service. Otherwise, the consent of a parent or guardian should be obtained and suitable authentication measures adopted to make sure that such consent is genuine.
[edited by: httpwebwitch at 3:10 am (utc) on Sep. 12, 2009]
[edit reason] added citation [/edit]