On 2019-11-05 10:58, Simon Poole wrote:
The clause is mainly a consequence of the relevant GDPR rules and at
the
time (not sure why we are having this discussion after the fact) we
spent a lot of time investigating what potential routes there could be
to working around this, but nobody came up with a workable solution.
Surely there could have been made a distinction between viewing the
map/wiki/whatever and registering an account?
Is there anyone who believes that we should block children from looking
at the map at www.openstreetmap.org? Or that that is required from a
legal standpoint?
Regards,
Maarten
Am 05.11.2019 um 10:40 schrieb Maarten Deen:
On 2019-11-05 10:12, Mateusz Konieczny wrote:
4 Nov 2019, 12:53 by md...@xs4all.nl:
In any case, I see that the "You must be 13 years or older to use
the Services." is still there.
Really? Someone under 13 can not look at the OSM map? I'm sorry, but
that is completely laughable. And not enforcable at all.
It is probably necessary for legal reasons, such requirement is
typical in TOUs.
Mostly result of COPPA[1] and similar laws. Extreme requirements on
providing
service to children younger than 13 makes it is easier to ban all
children younger than 13
from service than comply with them.
Especially in cases where children are not very likely to contribute
"Use" in this case is also viewing the website. There is no account
needed for that and if you want to block this you would need to do age
verification which is a lot more intrusive than not putting this
clause in your ToU at all. If people think OSM should be doing this,
they effectively say that children should not use the internet. That
may be your choice, but it is just that: a choice. In no way a legal
requirement.
COPPA does not seem to apply since OSM is not directed to children,
let alone in commercial ventures. The only possible connection would
be when children register since you would store information about
them. That might be a sensible reason to block children from
registering (I can also see that they probably would not have a
significant positive contribution to the data), but again, at the
moment any use of OSM by children is blocked.
Either no thought went into that, or it was thought that throwing a
wide net would be better "to comply" than no net at all. The same
thing I argue against with the "lots" comment that started this.
Better to claim that lots of the things you might do to keep your
privacy are not allowed according to the ToU than to make clear which
things exactly are not allowed.
It looks more like FUD to me at the moment.
Regards,
Maarten
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