[OSM-talk] Maintaining privacy as a casual mapper
Maarten Deen
mdeen at xs4all.nl
Tue Nov 5 10:24:41 UTC 2019
On 2019-11-05 10:58, Simon Poole wrote:
> The clause is mainly a consequence of the relevant GDPR rules and at
> the
> time (not sure why we are having this discussion after the fact) we
> spent a lot of time investigating what potential routes there could be
> to working around this, but nobody came up with a workable solution.
Surely there could have been made a distinction between viewing the
map/wiki/whatever and registering an account?
Is there anyone who believes that we should block children from looking
at the map at www.openstreetmap.org? Or that that is required from a
legal standpoint?
Regards,
Maarten
> Am 05.11.2019 um 10:40 schrieb Maarten Deen:
>> On 2019-11-05 10:12, Mateusz Konieczny wrote:
>>> 4 Nov 2019, 12:53 by mdeen at xs4all.nl:
>>>
>>>> In any case, I see that the "You must be 13 years or older to use
>>>> the Services." is still there.
>>>>
>>>> Really? Someone under 13 can not look at the OSM map? I'm sorry, but
>>>> that is completely laughable. And not enforcable at all.
>>>
>>> It is probably necessary for legal reasons, such requirement is
>>> typical in TOUs.
>>>
>>> Mostly result of COPPA[1] and similar laws. Extreme requirements on
>>> providing
>>> service to children younger than 13 makes it is easier to ban all
>>> children younger than 13
>>> from service than comply with them.
>>>
>>> Especially in cases where children are not very likely to contribute
>>
>> "Use" in this case is also viewing the website. There is no account
>> needed for that and if you want to block this you would need to do age
>> verification which is a lot more intrusive than not putting this
>> clause in your ToU at all. If people think OSM should be doing this,
>> they effectively say that children should not use the internet. That
>> may be your choice, but it is just that: a choice. In no way a legal
>> requirement.
>>
>> COPPA does not seem to apply since OSM is not directed to children,
>> let alone in commercial ventures. The only possible connection would
>> be when children register since you would store information about
>> them. That might be a sensible reason to block children from
>> registering (I can also see that they probably would not have a
>> significant positive contribution to the data), but again, at the
>> moment any use of OSM by children is blocked.
>>
>> Either no thought went into that, or it was thought that throwing a
>> wide net would be better "to comply" than no net at all. The same
>> thing I argue against with the "lots" comment that started this.
>> Better to claim that lots of the things you might do to keep your
>> privacy are not allowed according to the ToU than to make clear which
>> things exactly are not allowed.
>> It looks more like FUD to me at the moment.
>>
>> Regards,
>> Maarten
>>
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