33 {{ upvoteCount | shortNum }}
33 {{ upvoteCount | shortNum }}

New Rules if Your Website Users Are Under 18

by kindsvater
27 replies
California has passed a new law that applies to any website or mobile service whose members are California residents under the age of 18.

Effective 1/1/15, it will be illegal to allow any third party to use the minor's personal information to market a long list of certain types of products. In other words, if you do a JV or sell an email list, and a California minor's email is in your list, you're risking legal action.

Also, a website must allow a minor to remove any content or information the minor has posted. Depending on how your website is setup, or the CMS, this could be very easy or an unbelievable headache.

There are protections if you state your website is not directed to those under 18.

How do you know if a California minor is active on your site? As stated in the law information such as their postings, or a profile, their activity, address or location sufficient to establish contact with a minor (eg, their school) are enough to give you actual knowledge.

http://www.leginfo.ca.gov/pub/13-14/...3_enrolled.pdf

.
#rules #users #website
  • Profile picture of the author DoubleOhDave
    why is it always California that f$$ks it up for everyone else? Sheesh!
    Signature
    {{ DiscussionBoard.errors[8546422].message }}
  • Profile picture of the author joseph7384
    I guess that Facebook would also have to comply to this also.
    Signature
    {{ DiscussionBoard.errors[8546640].message }}
  • Profile picture of the author hustlinsmoke
    Man California needs to break apart from the U.S. and float to another communistic country because that is all they are.

    I wouldn't Pi__ on there state just because they don't deserve it.

    You from CA. Sorry about that but it;s true. you have so many laws banning anything you can think of.
    {{ DiscussionBoard.errors[8546648].message }}
    • Profile picture of the author Sarevok
      100% agree.

      But try living in Massachusetts for a while.



      Originally Posted by hustlinsmoke View Post

      Man California needs to break apart from the U.S. and float to another communistic country because that is all they are.

      I wouldn't Pi__ on there state just because they don't deserve it.

      You from CA. Sorry about that but it;s true. you have so many laws banning anything you can think of.
      Signature
      {{ DiscussionBoard.errors[8546755].message }}
  • Profile picture of the author Marc Rodill
    Haha hustlinsmoke...

    Man, we already break tons of laws a day just by waking up and breathing...

    This is just another thing to add to the list to be paranoid about. If they want to get you, they will always have some cockamamie reason they made up.

    What a logistical nightmare, this one, though...

    Marc
    Signature
    Long Lost Warriors! The Secret Sales System! Act Now! Buy Now! Right Now!
    {{ DiscussionBoard.errors[8546657].message }}
  • Profile picture of the author hustlinsmoke
    Lmao, I had a friend that was sued in California for smoking in her paid for Condominium, seems they got her for the smoke traveling through the ducts lmao.

    On another note, had a friend who sold there 1200 square foot wood frame house in LA for half a million. They moved to Southlake which is North of me, Bought a 250 K home and opened a quality business lol. So they have no land which is good for those poor home owners.
    {{ DiscussionBoard.errors[8546663].message }}
    • Profile picture of the author Marc Rodill
      Originally Posted by hustlinsmoke View Post

      Lmao, I had a friend that was sued in California for smoking in her paid for Condominium, seems they got her for the smoke traveling through the ducts lmao.
      What was the verdict?
      Signature
      Long Lost Warriors! The Secret Sales System! Act Now! Buy Now! Right Now!
      {{ DiscussionBoard.errors[8546710].message }}
      • Profile picture of the author hustlinsmoke
        50 K out of her pocket to renovate the two condos next to her. lmao.
        Pretty soon we will have to drive with helmets in our autos lmao and then we will not be able to drive more than five miles away from a hospital.

        You know when I grew up, we jumped off the top of our house, we jumped sand dunes we had no idea what was at the end. We drank from the old copper water fountains, we browsed through the old asbestos filled houses in our neighborhood, we fought with fists, we built go carts out of wood.
        We rode our bikes with no helmets.
        The seat belt was your mom slapping her arm across your chest.

        Now people go to prison if there kid rides there bike without a helmet and hurts themselves. I fought for this country and Im becoming ashamed of it at the same time.

        Originally Posted by Marc Rodill View Post

        What was the verdict?
        {{ DiscussionBoard.errors[8546725].message }}
        • Profile picture of the author mraffiliate
          Originally Posted by hustlinsmoke View Post

          50 K out of her pocket to renovate the two condos next to her. lmao.
          Pretty soon we will have to drive with helmets in our autos lmao and then we will not be able to drive more than five miles away from a hospital.

          You know when I grew up, we jumped off the top of our house, we jumped sand dunes we had no idea what was at the end. We drank from the old copper water fountains, we browsed through the old asbestos filled houses in our neighborhood, we fought with fists, we built go carts out of wood.
          We rode our bikes with no helmets.
          The seat belt was your mom slapping her arm across your chest.

          Now people go to prison if there kid rides there bike without a helmet and hurts themselves. I fought for this country and Im becoming ashamed of it at the same time.
          I know what you mean. I remember when my sister and I used to ride in the back of my parents pickup truck, sitting on the side rails, going down the interstate.

          As a teenager I used to walk down the road with my 12gauge shotgun on my shoulder walking to my favorite hunting spot. The cops and game wardens would drive by and wave.
          Signature

          {{ DiscussionBoard.errors[8548462].message }}
  • Profile picture of the author tritrain
    Now its up to everyone else to figure out how to somehow comply with these absurd laws. So, if someone is under 18 and a registered user on your site, and your site happens to sell spray paint, you will be breaking the law. Fantastic.

    To be on the safe side, we should ban all IPs for the state of California from accessing any of our content.

    I bet all the popular sites that minors could potentially use, such as Twitter and Facebook, or even Amazon, must be thrilled.
    Signature
    Domains for sale - see seopositions.net
    {{ DiscussionBoard.errors[8546695].message }}
  • Profile picture of the author Marc Rodill
    Well, kindsvater did say "certain type of products".

    But I'm too lazy to click the link since...

    I'm not in Cali!

    Lucky me!

    (Maybe.)

    Plus...

    Probably won't ever sell spray paint. Just sayin'.
    Signature
    Long Lost Warriors! The Secret Sales System! Act Now! Buy Now! Right Now!
    {{ DiscussionBoard.errors[8546707].message }}
  • Profile picture of the author tpw
    Technically, if I am sitting in my car on school property in Oklahoma and I am smoking a cigarette, I am in violation of Oklahoma's no-tolerance law regarding smoking in certain public places.

    I never had an issue with it when I went to pick my kids up at school, but I was almost ticketed for smoking in my car in a hospital parking lot.
    Signature
    Bill Platt, Oklahoma USA, PlattPublishing.com
    Publish Coloring Books for Profit (WSOTD 7-30-2015)
    {{ DiscussionBoard.errors[8546729].message }}
  • Profile picture of the author hustlinsmoke
    Do you know a senator is trying to pass a law that makes you have your hands at 10 and 2 on the wheel of a car. Take em off to scratch that nose and bam a ticket.

    California is the worst, some of there laws below, this blows my mind.

    Film producers must have permission from a pediatrician before filming a child under the age of one month

    It’s unlawful to let a dog pursue a bear or bobcat at any time.

    In San Jose and Sunnyvale it is illegal for grocery stores to provide plastic bags.

    You may only throw a frisbee at the beach in Los Angeles County, CA with the lifeguard’s permission.

    Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.

    Sunshine is guaranteed to the masses.

    It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.

    Women may not drive in a house coat.

    No vehicle without a driver may exceed 60 miles per hour.
    {{ DiscussionBoard.errors[8546745].message }}
    • Profile picture of the author tritrain
      Originally Posted by hustlinsmoke View Post

      Do you know a senator is trying to pass a law that makes you have your hands at 10 and 2 on the wheel of a car. Take em off to scratch that nose and bam a ticket.
      Wow, and there are people warning that the 10 and 2 position is dangerous, due to airbag deployment. You can hurt yourself if you hands fly back and hit you in the head.

      I once hear a city council member state "it is up to us to pass a law and it is up to the courts to determine if it is legal" (she was in California by the way). They pass so many laws based upon analogy and public opinion, not on actual research...or even common sense.
      Signature
      Domains for sale - see seopositions.net
      {{ DiscussionBoard.errors[8546777].message }}
  • Profile picture of the author hustlinsmoke
    I will defend though. With one sentence.

    WE THE PEOPLE.

    The rest of it.............should be ashamed.
    {{ DiscussionBoard.errors[8546782].message }}
  • Profile picture of the author tritrain
    ^ ^ ^ ^ lol!!!


    Seriously, we start our own country somewhere. Seriously.
    Signature
    Domains for sale - see seopositions.net
    {{ DiscussionBoard.errors[8546799].message }}
    • Profile picture of the author hustlinsmoke
      Now that is a great idea, and everyone that is doing Affiliate marketing is considered a king, and google is banned. lol. Sounds like a winner, Now I just need 10 billion to buy the island lol.
      Originally Posted by tritrain View Post

      ^ ^ ^ ^ lol!!!


      Seriously, we start our own country somewhere. Seriously.
      {{ DiscussionBoard.errors[8546821].message }}
  • Profile picture of the author Jtraits
    now that's a first ... didn't know that until it was written there... my opinion though is that it will probably stay in California ... after all, California always had their own rules different from the rest of the world
    {{ DiscussionBoard.errors[8547650].message }}
    • Profile picture of the author tpw
      Originally Posted by Jtraits View Post

      now that's a first ... didn't know that until it was written there... my opinion though is that it will probably stay in California ... after all, California always had their own rules different from the rest of the world

      The FBI and FTC have managed to extend their reach beyond U.S. borders, when some of the resources that offenders use are located in the U.S.

      California is also equally capable of reaching beyond its own borders to enforce it laws of consumer protection for California residents.

      You can stick your head in the sand in hopes that California won't get you where you live, but I am not willing to bet my business on such wishful thinking.
      Signature
      Bill Platt, Oklahoma USA, PlattPublishing.com
      Publish Coloring Books for Profit (WSOTD 7-30-2015)
      {{ DiscussionBoard.errors[8547663].message }}
  • Profile picture of the author Azrul
    california and their weird law again. good thing i'm not staying there.
    {{ DiscussionBoard.errors[8547734].message }}
  • Profile picture of the author hustlinsmoke
    See this is what gets me.
    People do not understand these laws will affect you in other states because they will flow over sooner or later.

    People are like well California did it so we can also.

    I love the ones who say I don't care it doesn't affect me I have nothing to hide.
    What happened to our basic constitutional rights.

    New York wants' to tell you what you can eat or drink.
    New Jersey want's to put an extra tax on fast food.

    Several Counties in CA. is against the law to put toys in happy meals.

    If we don't do something.
    Soon we will have a block monitor who writes our names down in the morning for exercize ordered by the Government.

    Lmao, think it can't happen. Let the rest happen.
    {{ DiscussionBoard.errors[8548077].message }}
    • Profile picture of the author Joe Mobley
      What recourse would a California court have against a Florida based business? A foreign business?

      Joe Mobley
      Signature

      .

      Follow Me on Twitter: @daVinciJoe
      {{ DiscussionBoard.errors[8548118].message }}
      • Profile picture of the author ronrule
        Originally Posted by Joe Mobley View Post

        What recourse would a California court have against a Florida based business? A foreign business?

        Joe Mobley
        Probably none.

        I would argue that since my business and bank are incorporated in Florida, my servers are in Atlanta, and I have no contract, agreement, or presence of any kind within the state of California, that their residents signing up for and posting content on my servers via the Internet is the equivalent of their resident "crossing state lines" to conduct business with me.

        Therefore, unless the State of Florida decides to adopt a similar regulation, the state of California has no legal authority over my business to enforce their regulations, no legal authority to demand I employ a mechanism of preventing their residents from conducting business with me, and no legal authority to demand I travel to their state to appear in their court to face any charges on the matter. If the state wished to pursue any legal action against any person or entity, it's between them and their resident who violated their law by traveling outside their enforceable jurisdiction to do business in a manner that's inconsistent with what their state allows.

        Further, if the state of California wished to sue my business after receiving such a response, they would have to come to Florida to do it. And good luck winning that one.
        Signature

        -
        Ron Rule
        http://ronrule.com

        {{ DiscussionBoard.errors[8548165].message }}
    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by hustlinsmoke View Post

      What happened to our basic constitutional rights.

      New York wants' to tell you what you can eat or drink.
      New Jersey want's to put an extra tax on fast food.

      Several Counties in CA. is against the law to put toys in happy meals.

      If we don't do something.
      Soon we will have a block monitor who writes our names down in the morning for exercize ordered by the Government.

      Lmao, think it can't happen. Let the rest happen.
      New York wasn't successful with that and states can pretty much tax whatever they want. It's not unconstitutional. Look at the taxes on cigarettes. So why not fast food?

      As for putting toys in UN Happy Meals, it's like putting heroin in kids meals to make it nearly impossible for a parent to purchase a healthier meal for their children because they don't include a toy.

      A lot of laws are necessary because of the greed and lack of ethics of corporations. The tobacco industry used to be able to advertise cigarettes with young people specifically being targeted. It's no different with toys in crap food that is not healthy for children to eat.

      So big deal. CA is trying to protect children's privacy and from websites that would sell their information to third parties to market these products:

      (i)
      The marketing and advertising restrictions described in subdivisions (a) and (b) shall apply to the following products and services as they are defined under state law:
      (1) Alcoholic beverages, as referenced in Sections 23003 to
      23009, inclusive, and Section 25658.

      (2) Firearms or handguns, as referenced in Sections 16520,
      16640, and 27505 of the Penal Code.

      (3) Ammunition or reloaded ammunition, as referenced in
      Sections 16150 and 30300 of the Penal Code.

      (4) Handgun safety certificates, as referenced in Sections 31625
      and 31655 of the Penal Code.

      (5) Aerosol container of paint that is capable of defacing
      property, as referenced in Section 594.1 of the Penal Code.

      (6) Etching cream that is capable of defacing property, as
      referenced in Section 594.1 of the Penal Code.

      (7) Any tobacco, cigarette, or cigarette papers, or blunt wraps,
      or any other preparation of tobacco, or any other instrument or
      paraphernalia that is designed for the smoking or ingestion of
      tobacco, products prepared from tobacco, or any controlled
      substance, as referenced in Division 8.5 (commencing with Section
      22950) and Sections 308, 308.1, 308.2, and 308.3 of the Penal
      Code.

      (8) BB device, as referenced in Sections 16250 and 19910 of
      the Penal Code.

      (9) Dangerous fireworks, as referenced in Sections 12505 and
      12689 of the Health and Safety Code.

      (10) Tanning in an ultraviolet tanning device, as referenced in
      Sections 22702 and 22706.

      (11) Dietary supplement products containing ephedrine group
      alkaloids, as referenced in Section 110423.2 of the Health and
      Safety Code.

      (12) Tickets or shares in a lottery game, as referenced in Sections
      8880.12 and 8880.52 of the Government Code.92SB 568--5--

      (13) Salvia divinorum or Salvinorin A, or any substance or
      material containing Salvia divinorum or Salvinorin A, as referenced
      in Section 379 of the Penal Code.

      (14) Body branding, as referenced in Sections 119301 and
      119302 of the Health and Safety Code.

      (15) Permanent tattoo, as referenced in Sections 119301 and
      119302 of the Health and Safety Code and Section 653 of the Penal
      Code.

      (16)Drug paraphernalia, as referenced in Section 11364.5 of
      the Health and Safety Code.

      (17)Electronic cigarette, as referenced in Section 119405 of
      the Health and Safety Code.

      (18)Obscene matter, as referenced in Section 311 of the Penal
      Code.

      (19)A less lethal weapon, as referenced in Sections 16780 and
      19405 of the Penal Code.
      {{ DiscussionBoard.errors[8548176].message }}
      • Profile picture of the author hustlinsmoke
        Come on Suzanne your one who thinks ;the government should think for you too.

        And they might have not got the big gulp law through but there are others on the books already, Such as banning transfat.

        So what about the happy meals did CA win, hell no they didn't. Mickey D's turns around and sells them the toy for a dime.

        How bout if we ban, the playgrounds while were at it, I mean heck they are just an invite for a kid to want a happy meal.

        The Government and like I said I fought for this dang country but the government is overstepping there laws and boundaries.

        I think I should decide what I consume when I consume and how much.

        I will say one law shoujld be passed though so they have no gripes about it and that is do as you please as long as you have insurance.

        Yes they tax Ciggs with more than one sin tax, most states have them and the Feds have them, So why shouldn't they tax alcohol, fast food hey how bout any food with sugar in it, hows that.

        How bout we write a law thats states unless the food is blan, is nutrient rich then you can't eat it.

        How bout we ban microwaves too since they take the nutrition out of food.

        No thats not good enough lets just say everyone has to eat raw food cause cooking deletes the nutrients.

        Now why don't we say everyone has to have a gym membership and you have to use your id at the gym, they also make you where a gps with a heart monitor and if your heart rate doesn't stay at 80 percent of max then you spend a day in jail.

        Sounds outrageous doesn't it Suzanne, Well guess what, alot of the laws we have now we would of never thought 30 years ago.


        Originally Posted by sbucciarel View Post

        New York wasn't successful with that and states can pretty much tax whatever they want. It's not unconstitutional. Look at the taxes on cigarettes. So why not fast food?

        As for putting toys in UN Happy Meals, it's like putting heroin in kids meals to make it nearly impossible for a parent to purchase a healthier meal for their children because they don't include a toy.

        A lot of laws are necessary because of the greed and lack of ethics of corporations. The tobacco industry used to be able to advertise cigarettes with young people specifically being targeted. It's no different with toys in crap food that is not healthy for children to eat.

        So big deal. CA is trying to protect children's privacy and from websites that would sell their information to third parties to market these products:

        (i)
        The marketing and advertising restrictions described in subdivisions (a) and (b) shall apply to the following products and services as they are defined under state law:
        (1) Alcoholic beverages, as referenced in Sections 23003 to
        23009, inclusive, and Section 25658.

        (2) Firearms or handguns, as referenced in Sections 16520,
        16640, and 27505 of the Penal Code.

        (3) Ammunition or reloaded ammunition, as referenced in
        Sections 16150 and 30300 of the Penal Code.

        (4) Handgun safety certificates, as referenced in Sections 31625
        and 31655 of the Penal Code.

        (5) Aerosol container of paint that is capable of defacing
        property, as referenced in Section 594.1 of the Penal Code.

        (6) Etching cream that is capable of defacing property, as
        referenced in Section 594.1 of the Penal Code.

        (7) Any tobacco, cigarette, or cigarette papers, or blunt wraps,
        or any other preparation of tobacco, or any other instrument or
        paraphernalia that is designed for the smoking or ingestion of
        tobacco, products prepared from tobacco, or any controlled
        substance, as referenced in Division 8.5 (commencing with Section
        22950) and Sections 308, 308.1, 308.2, and 308.3 of the Penal
        Code.

        (8) BB device, as referenced in Sections 16250 and 19910 of
        the Penal Code.

        (9) Dangerous fireworks, as referenced in Sections 12505 and
        12689 of the Health and Safety Code.

        (10) Tanning in an ultraviolet tanning device, as referenced in
        Sections 22702 and 22706.

        (11) Dietary supplement products containing ephedrine group
        alkaloids, as referenced in Section 110423.2 of the Health and
        Safety Code.

        (12) Tickets or shares in a lottery game, as referenced in Sections
        8880.12 and 8880.52 of the Government Code.92SB 568—5—

        (13) Salvia divinorum or Salvinorin A, or any substance or
        material containing Salvia divinorum or Salvinorin A, as referenced
        in Section 379 of the Penal Code.

        (14) Body branding, as referenced in Sections 119301 and
        119302 of the Health and Safety Code.

        (15) Permanent tattoo, as referenced in Sections 119301 and
        119302 of the Health and Safety Code and Section 653 of the Penal
        Code.

        (16)Drug paraphernalia, as referenced in Section 11364.5 of
        the Health and Safety Code.

        (17)Electronic cigarette, as referenced in Section 119405 of
        the Health and Safety Code.

        (18)Obscene matter, as referenced in Section 311 of the Penal
        Code.

        (19)A less lethal weapon, as referenced in Sections 16780 and
        19405 of the Penal Code.
        {{ DiscussionBoard.errors[8548249].message }}
        • Profile picture of the author sbucciarel
          Banned
          Originally Posted by hustlinsmoke View Post

          Come on Suzanne your one who thinks ;the government should think for you too.

          And they might have not got the big gulp law through but there are others on the books already, Such as banning transfat.

          So what about the happy meals did CA win, hell no they didn't. Mickey D's turns around and sells them the toy for a dime.

          How bout if we ban, the playgrounds while were at it, I mean heck they are just an invite for a kid to want a happy meal.
          Playgrounds do not entice children to eat food that isn't fit for consumption by luring them with a toy. Playgrounds are just playgrounds. They're for playing.

          Transfat has no place in grocery stores either.
          The primary health risk identified for trans fat consumption is an elevated risk of coronary heart disease (CHD).[54] A 1994 study estimated that over 30,000 cardiac deaths per year in the United States are attributable to the consumption of trans fats.[55] By 2006 upper estimates of 100,000 deaths were suggested.[56] A comprehensive review of studies of trans fats published in 2006 in the New England Journal of Medicine reports a strong and reliable connection between trans fat consumption and CHD, concluding that "On a per-calorie basis, trans fats appear to increase the risk of CHD more than any other macronutrient, conferring a substantially increased risk at low levels of consumption (1 to 3% of total energy intake)".
          There have long been agencies devoted to the health of the people in this country, even though they often fail to protect.

          Originally Posted by hustlinsmoke View Post

          The Government and like I said I fought for this dang country but the government is overstepping there laws and boundaries.

          I think I should decide what I consume when I consume and how much.

          I will say one law should be passed though so they have no gripes about it and that is do as you please as long as you have insurance.
          Drug addicts would love that law. Consume what you want as long as you have health care. Sorry, but I don't agree that anything at all, no matter how harmful it is to humans, should be allowed in the marketplace as long as someone has insurance.

          Originally Posted by hustlinsmoke View Post

          Yes they tax Ciggs with more than one sin tax, most states have them and the Feds have them, So why shouldn't they tax alcohol, fast food hey how bout any food with sugar in it, hows that.
          Actually, that's fine with me. Alcohol is every bit as destructive as cigarettes and should be treated equally. I have no strong opinion on taxes on fast food or sugar, but neither would bother me, since I don't consume much of either and didn't feed it to my children either.

          Originally Posted by hustlinsmoke View Post

          How bout we write a law thats states unless the food is blan, is nutrient rich then you can't eat it.

          How bout we ban microwaves too since they take the nutrition out of food.

          No thats not good enough lets just say everyone has to eat raw food cause cooking deletes the nutrients.

          Now why don't we say everyone has to have a gym membership and you have to use your id at the gym, they also make you where a gps with a heart monitor and if your heart rate doesn't stay at 80 percent of max then you spend a day in jail.

          Sounds outrageous doesn't it Suzanne, Well guess what, alot of the laws we have now we would of never thought 30 years ago.
          Get carried away much? lol. This law in CA is to protect the privacy of children online and to prevent assholes from marketing weapons, alcohol, drugs, etc. to children.
          {{ DiscussionBoard.errors[8548434].message }}

Trending Topics