11–20 of 263 posts
If the judge finds that apps and books are so equivalent, then letting the apps require age verification should do no harm -- everyone underage or privacy-concerned will simply go to the bookstore or a library. Right? Apparently, these are not quite equivalent. Like books and weapons, like books and alcohol, etc.
Avoiding the collection of user data in the first place (if it's possible) is exactly the correct approach to user privacy.
Judge Robert Pitman said that it violates the First Amendment and is "more likely than not - unconstitutional." The Act is akin to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book. We enjoy 1A protections of speech and assembly. When we consider our rights,…
It is difficult to square the notional unconstitutionality of this with the fact that the exercise of other Constitutional rights have long been conditional on age. This just looks like another example. What is the consistent principle of law? I am having difficulty finding one that would support this ruling.
As to the first amendment: Although not equal to that of adults, the U.S. Supreme Court has said that "minors are entitled to a significant measure of First Amendment protection." Only in relatively narrow and limited circumstances can the government restrict kids' rights when it comes to protected speech. (Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975).)
Judge Robert Pitman said that it violates the First Amendment and is "more likely than not - unconstitutional." The Act is akin to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book. We enjoy 1A protections of speech and assembly. When we consider our rights,…
It is difficult to square the notional unconstitutionality of this with the fact that the exercise of other Constitutional rights have long been conditional on age. This just looks like another example. What is the consistent principle of law? I am having difficulty finding one that would support this ruling.
> What is the consistent principle of law? I am having difficulty finding one that would support this ruling.
The Constitution of the US mentions age in a few very specific places, namely the minimum age to run for The House, The Senate, The Presidential seat, and I believe voting age.
I don't understand your point.
Earlier quoted context omitted.
I hope we can use the First Amendment and freedom of assembly to tackle these ID age verification (read: 1984 surveillance) laws. I don't have faith that this will work. We need to amend the constitution to guarantee our privacy. It should be a fundamental right.
> We need to amend the constitution to guarantee our privacy. It should be a fundamental right. As far as government intrusion into our privacy, it's addressed by the 4th Amendment's guarantee - that the right of the people to be secure in their persons, houses, papers, and effects and that our rights against unreasonable searches and seizures, shall not be violated. The challenge is that courts repeatedly and routin…
The Pennsylvania High Court recently ruled that the Pennsylvania local police don't need a warrant to access your search history.
https://news.ycombinator.com/item?id=46329186
Clearly, those protections have already been violated.
If the judge finds that apps and books are so equivalent, then letting the apps require age verification should do no harm -- everyone underage or privacy-concerned will simply go to the bookstore or a library. Right? Apparently, these are not quite equivalent. Like books and weapons, like books and alcohol, etc.
The equivalence is that children have first amendment rights (see Tinker v Des Moines) and speech delivered by the internet is still speech.
Porn may provide a suitable model: not all movies need age verification, so those can be viewed at any age. Some movies, however, do require age verification. Similar age ratings could be applied to apps. For example, Facebook only after 18 regardless of parent's approval.
Judge Robert Pitman said that it violates the First Amendment and is "more likely than not - unconstitutional." The Act is akin to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book. We enjoy 1A protections of speech and assembly. When we consider our rights,…
It is difficult to square the notional unconstitutionality of this with the fact that the exercise of other Constitutional rights have long been conditional on age. This just looks like another example. What is the consistent principle of law? I am having difficulty finding one that would support this ruling.
Some of this depends on whether the state has an interest in preventing known, broad harms - say in the case limiting minors ability to consume alcohol.
Conversely, there are no clearly proven, known targeted harms with respect of youth access to app stores (or even social media). What there are, are poorly represented / interpreted studies and a lot of media that is amplifying confused voices concerning these things.
Judge Robert Pitman said that it violates the First Amendment and is "more likely than not - unconstitutional." The Act is akin to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book. We enjoy 1A protections of speech and assembly. When we consider our rights,…
It is difficult to square the notional unconstitutionality of this with the fact that the exercise of other Constitutional rights have long been conditional on age. This just looks like another example. What is the consistent principle of law? I am having difficulty finding one that would support this ruling.
Earlier quoted context omitted.
I hope we can use the First Amendment and freedom of assembly to tackle these ID age verification (read: 1984 surveillance) laws. I don't have faith that this will work. We need to amend the constitution to guarantee our privacy. It should be a fundamental right.
> We need to amend the constitution to guarantee our privacy. It should be a fundamental right. As far as government intrusion into our privacy, it's addressed by the 4th Amendment's guarantee - that the right of the people to be secure in their persons, houses, papers, and effects and that our rights against unreasonable searches and seizures, shall not be violated. The challenge is that courts repeatedly and routin…
Earlier quoted context omitted.
The equivalence is that children have first amendment rights (see Tinker v Des Moines) and speech delivered by the internet is still speech.
Good point, but judge's reduction it to a book equivalence is misleading and weakens the judgement. Porn may provide a suitable model: not all movies need age verification, so those can be viewed at any age. Some movies, however, do require age verification. Similar age ratings could be applied to apps. For example, Facebook only after 18 regardless of parent's approval.