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Old 11-18-2019, 02:15 PM   #1
nearmint
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YouTube and the Children's Online Privacy Protection Rule

There's a lot of talk about this on Facebook, but I didn't see a thread here on the boards. Essentially, YouTube content creators are being put between a rock and a hard place.

Creators now have to label their videos as either "made for kids" or "not made for kids".

If they label their videos as "made for kids" the following restrictions occur: comments are turned off, notifications are turned off, the community tab goes away, and targeted ads are eliminated.

If they label their videos as "not made for kids", the above restrictions will not occur, but if the Federal Trade Commission disagrees with how you've labeled your videos, you could be fined up $42,000 per video.

Statue reviewers are left in a bit of a pickle. In my case, for example, I'm reviewing statues that cost $250-$1500. Clearly, these are not toys made for kids, and the reviews are targeted to fellow adult collectors with disposable income.

But, we're talking about statues that are primarily superhero based, a subject that attracts kids.

So what's a statue-reviewer to do? YouTube is being very hands-off, and recommending that content creators consult an attorney on how they should proceed.

I currently have 95 videos on my channel. If I hit the wrong button, the FTC could fine me 4 million dollars. Yikes.

I'd love to hear your thoughts, and hear how other content creators are handling this thorny issue.

Here's a video from youtube about the changes: YouTube and Coppa

Here's a video from a content creator: FACTS vs. Fiction: FTC & COPPA vs. LEGO & toy YouTubers
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Old 11-18-2019, 03:06 PM   #2
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I guess the obvious solution to avoid a fine is to label your videos 'adults only'.

Anyone wanting to watch statue / Hot Toys videos will simply have to verify their age. No doubt any kids that are into statues or Hot Toys will simply login claiming they are older than they are, thus circumnavigate the new rules
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Old 11-18-2019, 03:13 PM   #3
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Quote:
Originally Posted by ukshaun View Post
I guess the obvious solution to avoid a fine is to label your videos 'adults only'.

Anyone wanting to watch statue / Hot Toys videos will simply have to verify their age. No doubt any kids that are into statues or Hot Toys will simply login claiming they are older than they are, thus circumnavigate the new rules
The problem is ....from my understanding of the videos nearmint linked, is that if the FTC decides by their internal audit that your video attracts children and you have it marked as "not made for kids" they can fine you for mislabeling it. So it kind of depends on who is auditing your channel or video if they decide to label it one way or the other.
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Old 11-18-2019, 03:13 PM   #4
nearmint
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Quote:
Originally Posted by ukshaun View Post
I guess the obvious solution to avoid a fine is to label your videos 'adults only'.

Anyone wanting to watch statue / Hot Toys videos will simply have to verify their age. No doubt any kids that are into statues or Hot Toys will simply login claiming they are older than they are, thus circumnavigate the new rules
The only options are "made for kids" or "not made for kids". If you select "not made for kids", then none of the restrictions are put in place and you're subject to a $42,000 fine per video if the FTC decides your video does attract viewers younger than 13.

This is all about data collection. The FTC sued youtube for collecting data on kids, and youtube had to pay a 170 million fine, and comply with the law. So, while youtube is asking us whether our videos are made for kids, what they're really asking is "can we keep collecting data on the viewers of your content or not?"
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Old 11-18-2019, 04:00 PM   #5
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Originally Posted by nearmint View Post
The only options are "made for kids" or "not made for kids". If you select "not made for kids", then none of the restrictions are put in place and you're subject to a $42,000 fine per video if the FTC decides your video does attract viewers younger than 13.

This is all about data collection. The FTC sued youtube for collecting data on kids, and youtube had to pay a 170 million fine, and comply with the law. So, while youtube is asking us whether our videos are made for kids, what they're really asking is "can we keep collecting data on the viewers of your content or not?"
It goes without saying the viewpoint appears to be one of YouTube protecting itself from future fines, and passing responsibility onto the up_loader. In the case of statues (expensive collectible merchandise) i see no issue with tagging the video 'not for kids'. If a kid does its best to view the video, then surely the blame is with the parent(s).
I doubt for one minute, if all the above was adhered to, a fine would be issued, let alone make it to court.

..can't YouTube stop collecting data? or is that where the money is at?
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Old 11-18-2019, 04:13 PM   #6
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Um, nearmint, your videos are clearly meant for an adult audience.
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Old 11-18-2019, 04:31 PM   #7
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"If they label their videos as "not made for kids", the above restrictions will not occur, but if the Federal Trade Commission disagrees with how you've labeled your videos, you could be fined up $42,000 per video."

You can be fined for being cautious? I don't understand this part.
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Old 11-18-2019, 04:41 PM   #8
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Um, nearmint, your videos are clearly meant for an adult audience.
You and I are aware of that, but to the FTC I do videos about superhero statues, a subject that might be attractive to kids.
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Old 11-18-2019, 04:44 PM   #9
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Originally Posted by Augen View Post
"If they label their videos as "not made for kids", the above restrictions will not occur, but if the Federal Trade Commission disagrees with how you've labeled your videos, you could be fined up $42,000 per video."

You can be fined for being cautious? I don't understand this part.
If I label a video as "not made for kids" then Youtube collects data from the viewers of that video. If the FTC decides that I labeled the video wrong and it was made for kids, then youtube would be in violation of the law in that they would be collecting data from a kid, which is exactly what the COPPA law forbids. In that case, the FTC, by law, can fine me up to $42,000.
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Old 11-18-2019, 04:50 PM   #10
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Originally Posted by ukshaun View Post
It goes without saying the viewpoint appears to be one of YouTube protecting itself from future fines, and passing responsibility onto the up_loader. In the case of statues (expensive collectible merchandise) i see no issue with tagging the video 'not for kids'. If a kid does its best to view the video, then surely the blame is with the parent(s).
I doubt for one minute, if all the above was adhered to, a fine would be issued, let alone make it to court.

..can't YouTube stop collecting data? or is that where the money is at?
That's where the money's at. Youtube will not stop collecting data.

I doubt that the cost of statues is a factor in deciding whether a video is targeted to kids. I think the "made for kids" vs. "not made for kids" is a misnomer. More accurately, it's whether a video's content will be attractive to kids. The FTC could decide that any video about superheros is made for kids.
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