Instagram collect birthdates, still doesn’t age-check kids.

Instagram dodges child safety laws. By not asking users their age upon signup, it can feign ignorance about how old they are. That way, it can’t be held liable for $40,000 per violation of the Child Online Privacy Protection Act. The law bans online services from collecting personally identifiable information about kids under 13 without parental consent. Yet Instagram is surely stockpiling that sensitive info about underage users, shrouded by the excuse that it doesn’t know who’s who.

But here, ignorance isn’t bliss. It’s dangerous. User growth at all costs is no longer acceptable.

It’s time for Instagram to step up and assume responsibility for protecting children, even if that means excluding them. Instagram needs to ask users’ age at sign up, work to verify they volunteer their accurate birthdate by all practical means, and enforce COPPA by removing users it knows are under 13. If it wants to allow tweens on its app, it needs to build a safe, dedicated experience where the app doesn’t suck in COPPA-restricted personal info.

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Instagram is woefully behind its peers. Both Snapchat and TikTok require you to enter your age as soon as you start the sign up process. This should really be the minimum regulatory standard, and lawmakers should close the loophole allowing services to skirt compliance by not asking. If users register for an account, they should be required to enter an age of 13 or older.

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Instagram’s parent company Facebook has been asking for birthdate during account registration since its earliest days. Sure, it adds one extra step to sign up, and impedes its growth numbers by discouraging kids to get hooked early on the social network. But it also benefits Facebook’s business by letting it accurately age-target ads.

Most importantly, at least Facebook is making a baseline effort to keep out underage users. Of course, as kids do when they want something, some are going to lie about their age and say they’re old enough. Ideally, Facebook would go further and try to verify the accuracy of a user’s age using other available data, and Instagram should too.

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Both Facebook and Instagram currently have moderators lock the accounts of any users they stumble across that they suspect are under 13. Users must upload government-issued proof of age to regain control. That policy only went into effect last year after UK’s Channel 4 reported a Facebook moderator was told to ignore seemingly underage users unless they explicitly declared they were too young or were reported for being under 13. An extreme approach would be to require this for all signups, though that might be expensive, slow, significantly hurt signup rates, and annoy of-age users.

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