[arg_discuss] ARG_Discuss Digest, Vol 22, Issue 3

[D B Wall]

My bad. I didn't read all the way through the previous email. I got as far as "COPA" and replied.

Though, one thing to note: there are exceptions to the Rules. One of them being a one-time use exception in the case of contests. 
But "contests" open a whole new can of legal worms, no matter what age group is the intended audience. Laws governining contests often conflict with privacy requirements.

That said, there's nothing that says an ARG has to require personal information.

When I was in high school, friends and I put on a Halloween thing every year. We would transform someone's house into something... creepy. Usually is was our neighbor's house, who happened to be the Fox Kids Club host. All the kids knew her and knew her house. They'd been there for parties and such all the time. But add a deductive story, some darkness, the proper props and leaf blowers in strategic locations and you have a totally different reality (and scary!). We didn't collect names. Everyone had fun. They were immersed. It's possible and I think what Wendy is looking for are examples of any that have been done...

 
On Friday, July 06, 2007, at 05:50PM, "David Galiel" <piecorp at gmail.com> wrote:

>You are both confused, and are confusing readers.

>

>COPA, the "Child Online Protection Act", is an Act designed to prevent

>children's exposure to sexually explicit material. It's

>constitutionality has been challenged and its enforcement currently

>blocked - however, it is important to note that several states have

>passed COPA-esque laws of their own. COPA has nothing to do with

>disclosing personally identifying information.

>

>COPPA, the Children's Online Privacy Protection Act, is something else entirely.

> It is a set of rules that prohibits collecting personally identifying

>information from children 13 or younger without verifiable parental

>consent, and it is COPPA that deters MMO developers, social networking

>sites and online communities from including children. It is COPPA that

>can be a concern for ARGs, if they involve collection of individually

>identifying information from participants - for example, member

>registration for forums, for prizes, etc. It does not make hosts

>liable if legally authorized participants voluntarily disclose

>personal information on their own in the course of a discussion with

>another member. However, the definition of "personally identifying

>information" which hosts cannot collect is quite broad, including

>things like "hobbies, interests and information collected through

>cookies or other types of tracking mechanisms"

>

>COPPA's constitutionality has not been challenged AFAIK, and it has

>been in force since 2000.  It is not a minor rule, pardon the pun.

>Xanga.com was fined $1 million by the FTC for collecting information

>from minors in violation of COPPA.

>

>The Federal Trade Commission has a helpful site called "How to Comply

>With The Children's Online Privacy Protection Rule"

>http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.shtm

>

>Important also to note that other nations around the world have

>various laws in place governing collection of information from, and

>participation of, minors in various online activities and communities.

>Since ARG's know no political boundaries, one can be exposed to

>liability if minors in these nations are required to disclose

>personally identifying information in one's ARG.

>

>Standard Disclaimer: IANAL, you should consult one before considering

>any activity that involves minors, no matter how well-intended. But

>you can ask any MMO developer why they explicitly exclude the under 13

>crowd in their TOS and you'll get the general idea.

>

>-- 

>David Galiel

>Executive Director

>Public Interest Entertainment Corporation

>http://www.piecorp.org/

>"The Technology of Human Imagination"

>

>

>>

>> Enforcement of COPA was blocked by a permanent injunction earlier this year.

>> I'd seek legal counsel before launching something, but wouldn't shelve an idea over COPA concerns.

>>

>

>> >

>> >In the US at least, I don't advise it. The laws are very complex -- the

>> >"Child Online Protection Act" (frequently abbreviated COPA).

>> >

>> >Key COPA provision: if you utilize any technique online that provides an

>> >avenue by which children could end up making personally identifiable

>> >information available to others and they are 14 or under ... you need a

>> >signed permission sheet from their parents.

>> >

>> >In practice: child-focused development tends to avoid direct "community"

>> >models -- if you let kids chat or BBS with each other, they could end up

>> >saying something that is natural but violates COPA (like "I'm Susie Bradshaw

>> >and I live in Tuscan, AZ. Where do you live?")

>> >

>> >That presents a challenge to the typical collaborative models that ARGs rely

>> >on. You see people trying "magnetic word" chat (where you can only drag

>> >particular words into a chat bubble, never individual letters). You see

>> >people experimenting with "massively single player" or with models that

>> >require less collaboration.

>> >

>> >Raises the question, "Would it still be an ARG if you couldn't really talk

>> >to the other players or know anything about their real lives?"

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