Formerly /u/Zagorath on the alien site.

  • 112 Posts
  • 1.78K Comments
Joined 3 years ago
cake
Cake day: June 15th, 2023

help-circle


  • Sorry mate, but you’ve got it wrong. The Prime Minister has specifically come out and said that this law is aimed only at companies, and that children or the parents of children who are able to get onto social media anyway will not be punished. Only the companies that let them slip through.

    And you only need to read the legislation to see that that’s true. There are no penalties associated with accessing social media under the age of 16. Only with “a provider of an age-restricted social media platform…failing to take reasonable steps to prevent age-restricted users having accounts”. Or less closely related, “a provider of an age-restricted social media platform must not collect information…for the purpose of complying with [the above requirement] if the information is of a kind specified in the legislative rules”, and another similar “a provider of an age-restricted social media platform must not…collect government-issued identification material…for the purpose of complying with section [the above requirement]”, but this last clause “does not apply if…the provider provides alternative means…for an individual to assure the provider that the individual is not an age-restricted user”. It is also the case that a person who provides an age-restricted social media platform “must comply with a requirement…to give to the Commissioner, within the period and in the manner and form specified by the notice [about that person’s compliance with the law]…to the extent that the person is capable of doing so.”

    That’s it. That’s all the new penalties that can be applied.

    Here’s a page from the eSafety Commissioner that also confirms it.

    Are there be penalties for under-16s if they get around the age restrictions?

    There are no penalties for under-16s who access an age-restricted social media platform, or for their parents or carers.



  • I don’t disagree, but this law could have been an opportunity to give parents better tools with which to parent.

    It is far, far too difficult for any parent today to impose parental controls on their kids’ devices. Parental controls are an afterthought, put in place barely enough to tick the box saying “we have parental controls”, and not effectively doing much of anything. The law could have forced tech companies to do better and make it easy for parents to use effectively.








  • Zagorath@aussie.zonetoAustralia@aussie.zone*Permanently Deleted*
    link
    fedilink
    English
    arrow-up
    5
    arrow-down
    4
    ·
    2 days ago

    At the device level is a much better place to put it. It’s a place that could actually work, and it’s a place where it’s much easier to do it in a privacy-preserving way.

    The best solution would be to use parental controls. A lot of operating systems already have something along those lines, but they’ve tended to not be very good. If the law instead required that OSes supported parental controls where the parent can set the child’s age, and then apps and websites have to respect that, via an operating system API (with websites accessing a browser API, with the browser calling the OS’s API), that would remove any privacy concerns, because the only “verification” is the parent.

    Or there’s this option, which preserves privacy along with a more robust age verification. Somebody (preferably the government, rather than a private company) has to do official age verification, once, and that would then get stored by your device and could be reused in a way that can’t be traced on different sites. The age verifier can’t see which sites you use your verification on. The sites can’t learn anything about you other than “yes, this person is old enough”.




  • it’s way too obvious that this law ain’t gonna achieve its stated aim

    Absolutely. See my much longer comment elsewhere in the thread for all the real problems with this bill. We don’t need conspiracy theories. Hanlon’s razor very much applies here. It’s incompetence, not malice.

    However, I think we can look at the worst part of this Bill—the nature of its passage through Parliament—for a clue as to its underlying purpose. It passed in just a week, right before Christmas last year, but didn’t actually come into effect until yesterday. The goal was good PR. I suspect not rattling cages with the big social media companies was part of it too. They wanted to look like they were doing something to protect kids, and hopefully win the election off the back of it (not that they needed much help with that, with how incompetent the LNP were), but they didn’t want to put up the fight that would be necessary to force the social media companies into actually making their algorithms less harmful…to children and adults. It’s lazy, it’s cowardly, it won’t work. But it’s not a secret ploy to spy on you.




  • Step one is stuff like this, require id to verify your age

    Right, but the law doesn’t do that. In fact it was specifically forbidden from doing that. Here’s the full text of the Bill. Section 63DB specifically says:

    (1) A provider of an age-restricted social media platform must not:
    (a) collect government-issued identification material; …

    (2) Subsection (1) does not apply if:
    (a) the provider provides alternative means…for an individual to assure the provider that the individual is not an age-restricted user

    In plain language: you can only accept ID to verify age if you also have some other method of verifying age instead.

    So far, it looks like most sites are relying on data they already have. The age of your account, the type of content you post, etc. Because I have not heard of a single adult being hit with a request to verify their age anywhere other than Discord, and even on Discord, it’s only when trying to view NSFW-tagged channels. (Which is an 18+ thing, and completely unrelated to this law, which is 16+ for all social media. Despite Discord having been officially classified as not social media, but a chat app, which does not apply.)

    It also says, in 63F:

    (1) If an entity:
    (a) holds personal information about an individual that was collected for the purpose of, or for purposes including the purpose of, taking reasonable steps to prevent age - restricted users having accounts with an age - restricted social media platform; and
    (b) uses or discloses the information otherwise than:
    (i) for the purpose of determining whether or not the individual is an age - restricted user; or …
    (iii) with the consent of the individual, which must be in accordance with subsection (2);
    the use or disclosure of the information is taken to be:
    (c) an interference with the privacy of the individual for the purposes of the Privacy Act 1988 ; …

    (2) For the purposes of subparagraph (1)(b)(iii): (a) the consent must be:
    [(i–v) voluntary, informed, current, specific, and unambiguous]; and
    (b) the individual must be able to withdraw the consent in a manner that is easily accessible to the individual.

    (3) If an entity holds personal information about an individual that was collected for the purpose of, or for purposes including the purpose of, taking reasonable steps to prevent age - restricted users having accounts with an age - restricted social media platform, then:

    (a) the entity must destroy the information after using or disclosing it for the purposes for which it was collected

    In other words, whatever information you collect to do the age verification, unless you already have it, with the user’s consent, for some other purpose, you must not store their information.

    It would not have been hard to just not include that part of the law. Some privacy advocates would have spoken up about it, but the general public would have probably brushed it off. No, they included that because this isn’t about information harvesting. It’s a misguided but genuine attempt to protect kids. And, if you’re looking for a more cynical spin on it, it’s to win some good PR with people for being able to say they’re protecting kids, while also not doing anything that would substantially hurt big tech’s bottom line…like regulating the algorithms themselves.

    But again, you mentioned the US government. What does that have to do with this? This is a law passed in Australia, but the Australian government. An entirely different country, and one with an actually functioning government and legislature.