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THE LEGAL MODULE 


Part I

The legal module is one of probably one of the least appreciated modules in the social media adventure. The reason is that laws are needed to protect us. And protection is needed because people feel threatened and unsafe. And there is a need to feel safe because there are villains.


As education becomes more and more digitalized through the use, among other things, of social media platforms, States have put laws in place to protect our children in our schools and in our libraries, two of our most important social infrastructures. 


In our educational institutions, two internet protection laws stand out:

Children Internet Protection Act (CIPA) and the Children’s Online Privacy and Protection Act (COPPA).


Enacted in 2000, CIPA “addresses concerns about children's access to obscene or harmful content over the Internet”. COPPA on the other hand was enacted in 1998 and “imposes certain requirements on operators of websites or online services directed to children under 13 years.”


In addition, the Family Educational Rights and Privacy Act (FERPA) is a Federal law  that protects the privacy of student's education records. The law applies to all schools and libraries that receive funds under an applicable program of the U.S. Department of Education.


A quick look back at the time between the more regular use of internet/social media and the emergence of children internet safety laws (google appeared on the scene in 1997, Iphone 2008, Ipad 2010, and Chromebook 2011) shows a slight lag in time.


Part II


1-What are your thoughts about CIPA/COPPA?


In my opinion, CIPA laws are good laws. We know that children are not yet able to make entirely rational decisions and often depend on their feelings and therefore are in need of guidance when faced with “obscene, pornographic, or other harmful materials”. Because the technology is available to them, it is only normal that safety measures be placed to ensure that villains do not take advantage of them. 

In the same way, using COPPA to protect children under 13 from the intrinsic ways in which the information highway works is very appropriate. Indeed at 13, young adolescents are still not using their cognitive powers in decision making. Prior modules have made it clear that algorithms rule the internet and that when browsing the internet, a digital footprint is left behind. This data can be marketed, manipulated and therefore can put our children at risk of being taken advantage of. It is from all of this that CIPA and COPPA protect our children.


2-Do you think they do enough to protect children? 


CIPA requires that “the Administrative Authority must certify that the school or library is enforcing an internet safety policy that includes measures to block or filter internet access for both minors and adult to certain visual depictions.” CIPA ensures compliance by using a monetary incentive. Non compliance means ineligibility to the funding program. 


It seems to me also that it is common sense that institutions like school and libraries who by definition attend to the right education and development of children would desire to comply with CIPA and COPPA to protect their patrons.


3-Do you think 13 is the proper age that CIPA/COPPA should target? 


In order to answer this question, I did a quick search about brain development around 13 years of age. The result showed that at this age “children have a strong need to gain independence and yet yearns to be part of a peer group. They are searching to identify who they are and often use pop culture to define themselves”. I believe this is the right age to target and protect and would extend COPPA protection age group beyond 13. 


4.What about danah boyd's comment that COPPA teaches kids to lie?  


Anytime we have laws, we will have people who break the law. But this does not mean we should not have laws. We must continue enforcing laws in the hope that citizens will finally realize that laws exist to protect and keep us safe.


5. Any additional thoughts you have on privacy laws for children


My only other thought is that one of the characteristics of digitalization and social media is the rapidity with which new technologies are introduced in our lives. Often we find out too late the harm done by these technologies. Our laws need to stay up to date and even ahead of technology if that they are to effectively protect children. Here is a case where we might consider the cautionary principle by which a technology should not be disseminated unless it has been research and proven to be harmless to citizens. One is allowed to dream.



Comments

  1. Thanks for sharing what you learned about brain development as children enter their teen years, Karen. In my opinion we don't focus enough on brain research in education.

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  2. I love the quote that you included about kids at 13 years old wanting to be independent and yet part of a group. I think this is where the dangers of social media often come from. Peer pressure online is just as dangerous and prevalent as peer pressure in other areas of life. A lot of bullying, sharing of others' content maliciously, and "trolling" happens because kids feel it will help them to be a part of an in-group. Because the laws are not strong enough to prevent these things from happening, what else can be done? Do you think that digital safety and digital citizenship lessons from a young age at school would be enough? Thanks for sharing your ideas.

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  3. Hi Maddie: I reall don't think laws alone will do the trick. We have an expression in Africa "I takes a village to raise a child". I really believe laws are just one aspect of what we might call "cyber education". We will need help from the family, the government, the Church and any other social infrastuctures in place to raise our kids right. After all, behaviors displayed online are very much a reflection of a person's intimate identity (maybe it gets mignified by the anonymity that social media affords). It will take much more than just threatening schools and libraries of cutting off their E-rate fundings.
    Thank you

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