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Really bad Social networking sites legislation in Illinois

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EDTECH Editor-Jones

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Mar 21, 2009, 10:51:37 PM3/21/09
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From: Nancy Willard <nwil...@csriu.org>

Hey all of you folks in Illinois. Heads up on some ridiculous legislation:

FYI you might look at:
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1312&GAID=10&DocTypeID
=HB&LegId=43038&SessionID=76&GA=96
<http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1312&amp;GAID=10&amp;
DocTypeID=HB&amp;LegId=43038&amp;SessionID=76&amp;GA=96>

Synopsis As Introduced
Creates the Social Networking Website Access Restriction Act. Provides that
an owner of a social networking website must obtain and maintain in a
database the written permission of the parent or guardian of each minor who
is allowed access to the social networking website. Provides that an owner
of a social networking website must give each parent or guardian unlimited
access to the webpage profile of the minor under his or her supervision.
Provides that an owner of a social networking website must implement
procedures for verification of the age and information of anyone having a
webpage on the social networking website. Provides that an owner of a social
networking website must also verify the status of the parents or guardians
who have granted permission to a minor to host a social networking website.
Prohibits registered sex offenders from hosting or accessing a social
networking website. Provides that operators of a social networking website
must allow the parent or guardian of the minor unrestricted access to the
profile webpage of the minor at all times. Amends the Consumer Fraud and
Deceptive Business Practices Act. Provides that a knowing violation by an
owner or operator of the Social Networking Website Access Restriction Act is
an unlawful practice within the meaning of the Consumer Fraud and Deceptive
Business Practices Act.


Here is the definition of a social networking site: "Social networking
website" means an Internet website
5 containing profile web pages of the members of the website that
6 include the names or nicknames of such members, photographs
7 placed on the profile web pages by such member, or any other
8 personal or personally identifying information about such
9 members and links to other profile web pages on social
10 networking websites of friends or associates of such members
11 that can be accessed by other members or visitors to the
12 website. A social networking website provides members of or
13 visitors to such website the ability to leave messages or
14 comments on the profile web page that are visible to all or
15 some visitors to the profile web page and may also include a
16 form of electronic mail for members of the social networking
17 website.


d) The operator of a social networking website must adopt
18 and implement procedures to utilize independently obtainable
19 information to confirm the accuracy of the age and personal
20 identification information collected from:
21 (1) potential members of a social networking website;
22 and
23 (2) the parents and guardians of children applying for
24 a profile webpage.


It is impossible for the sites to do this. There is no way to independently
identify the age and identify of minors. There is no RealID system for
minors! More on the infeasibility here:
http://cyber.law.harvard.edu/research/isttf

Seems to me to be a major opportunity for Illinois high school educators to
get your students involved in learning about the legislative process.

My perspective is that the only reasonable option for Facebook, MySpace and
any other social networking site would be to terminate the accounts of any
minors who live in Illinois because it would be impossible for them to do
this. The penalties for non-compliance would be pretty tough. Many
co-sponsors. You might want to alert your students. They are the ones who
would be impacted.

You folks might need to be on the loom-out for legislation in your state.

Nancy
--
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
http://cyberbully.org
http://cyber-safe-kids.com
http://csriu.wordpress.com
nwil...@csriu.org

Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Aggression, Threats, and Distress (Research Press)

Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the
Internet Safely and Responsibly (Jossey-Bass)

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