Random Thoughts – Randocity!

Rant Time: Google’s Lie

Posted in botch, business, california, rant by commorancy on January 7, 2020

finger-512I’ve already written an article or two about YouTube giving content creators the finger. I didn’t really put that information into this article’s context so that everyone can really understand what’s actually going on at YouTube, with the FTC and with Google. Let’s explore.

Lies and Fiction

Google has asserted and maintained, since at least 2000 when COPPA came into effect, that it didn’t allow children under age 13 on its platforms. Well, Google was caught with its proverbial pants down and suffered a $170 million fine at the hand of the FTC based on COPPA. Clearly, Google lied. To maintain that lie, it has had to do a number of things:

  1. For YouTube content creators, YouTube has hidden its metrics for anyone under the age of 13 from viewer stats on YouTube. What that means to creators is that the viewer metrics you see on your stats page is completely inaccurate for those under the age of 13. If Google had disclosed the under 13 age group of stats on this page, Google’s lie would have unraveled far faster than it did. For Google to maintain its lie, it had to hide any possible trail that could lead to uncovering this lie.
  2. For other Google platforms (Stadia, Chromebook, Android phones, etc), they likely also kept these statistics secret for the same reasons. Disclosure that the 12 and under age group existed on Google meant disclosing to the FTC that they had lied about this age group using its services all along.
  3. For Android phones, we’ll let’s just say that many a kid 12 and under have owned Android phones. Parents have bought them and handed them over to their children. For the FTC to remain so oblivious to this fact for years is a testament to how badly operated this portion of the government is.
  4. Google / YouTube had to instruct engineers to design software systems around this “we don’t display under age 13 metrics” lie.

Anyway, so lie Google did. They lied from 2000 all of the way to 2019. That’s almost 20 years of lying to the government… and to the public.

YouTube’s Lie

Considering that even just one COPPA infraction found to be “valid” could leave a YouTube channel owner destitute. After all, Google’s fine was $170 million. Because a single violation could cost a whopping $42,530, it’s a major risk simply to maintain a YouTube channel.

Because of the problem of Google perpetuating its lie about 12 and under for so long, this lie has become ingrained in Google’s corporate culture (and software systems). What this means is that for Google to maintain this lie, it had to direct its engineers to write software to avoid showing any statistic information anywhere that could disclose to anyone that Google allows 12 and under onto any of its platforms, let alone YouTube.

This also means that YouTube content creators are entirely left in the dark when it comes to viewer statistics of ages 12 and under. Because Google had intended to continue maintaining its “we don’t serve 12 and under here” lie, it meant that its systems were designed around this lie. This meant that any place where 12 and under could have been disclosed, this data was specifically culled and redacted from view. No one, specifically not YouTube content creators, could see viewer metrics for anyone 12 and under. By intentionally redacting this information from its statistics interfaces, no one could see that 12 and under were actually viewing YouTube videos or even buying products. As a creator, you really have no idea how many 12 and under viewers you have. The FTC will have access into YouTube’s systems to see this information, even if you as a content creator do not.

This means that content creators are actually in the dark for this viewer age group. There’s no way to really know if this age group is being accurately counted. Actually, Google is likely collecting this information, but they’re simply not disclosing it over public interfaces. Though, to be fully safe and to fully protect Google’s lie, they might have been purging this data more often than 13 and older data. If they don’t have the data on the system, they can’t be easily caught with it. Still, that didn’t help when Google finally did get caught and were fined $170 million.

Unfortunately, because Google’s systems were intentionally designed around a lie and because they are now already in place, undoing that intentional design lie could be a challenge for Google. They’ve had 19 years worth of engineering effort build code upon code avoiding disclosure of 12 and under using Google’s platforms. Undoing 19 years of coding might be a problem.

Swinging back around to that huge fine, this leaves YouTube in a quandary. It means that content creators have no way to know if the metrics that are being served to content creators are in any way accurate. After all, Google has been maintaining this lie for 19 years. They’ve built and maintained their systems around this lie. But now, Google must undo 19 years of lies built into their systems to allow content creators to see what we already knew… that 12 and under have been using the platform probably since 2000.

For content creators, you need to think twice when considering setting up a channel on YouTube. It doesn’t matter what your content is. If that content attracts children under 13, you’re at risk. The only type of channel content that cannot at all be seen as “for kids” is content that kids would never watch. There is really only a handful of content type I can name that wouldn’t appeal to children (not an exhaustive list):

  1. Legal advice from lawyers
  2. Court room video
  3. Horror programs
  4. Political programs
  5. Frank sex topics

It would probably be easier to state those types of programs that do appeal to children:

  1. Pretty much everything else

What that means is topics like music videos, video game footage, cartoons, pet videos, singing competitions, beauty channels, fashion channels, technology channels and toy reviews could appeal to children… and the list goes on. You name it and pretty much every other content type has the possibility of attracting children 12 and under… some content more than others. There’s literally very little that a child 12 and under might not consider watching.

The thing is, when someone decides to create a channel on YouTube, you must now consider if the content you intend to create might appeal to children 12 and under. If it’s generalized information without the use of explicit information, children could potentially tune in. Though, YouTube doesn’t allow true adult content on its platform.

Google’s lie has really put would-be channel creators into a huge bind with YouTube, plummeting the value of YouTube as a platform. For monetization, not only is there now the 1,000 subscriber hurdle you must get past and you must also have 14,000 views in a month, but now you must also be cognizant of the audience your content might attract. Even seemingly child-unfriendly content might draw in children unintentionally. If you interview the wrong person on your channel, you might find that you now have a huge child audience. Operating a YouTube Channel is a huge risk.

YouTube’s Value as a Platform

With this recent Google change, compounded by Google’s lie, the value of YouTube as a video sharing platform has significantly dropped. Not only did Google drop a bomb on its content creators, it has lied to not only the government, but to the public for years. With the FTC’s hand watching what you’re doing on YouTube, YouTube really IS moving towards “big government watching” as described in George Orwell’s book 1984. Why Google would allow such a deep level of governmental interference over its platform is a major problem, not just for Google, but for the computer industry as a whole. It’s incredibly chilling.

$42,530 per COPPA violation is not just small change you can pull out of your pocket. That’s significant bank. So much bank, in fact, that a single violation could bankrupt nearly any less than 100,000 subscriber channel on YouTube.

Not only do you have to overcome YouTube’s silly monetization hurdles, you must attempt to stay far away from the COPPA hurdle that YouTube has now foisted on you.

Google’s Mistake

Google did have a way to rectify and remediate this situation early. It’s called honesty. They could have simply fixed their platform to accurately protect and steer 12 and under away from its properties where they don’t belong. It could have stated that it did (and does) allow 12 and under to sign up.

If Google had simply been honest about 12 and under and allowed 12 and under to sign up, Google could have set up the correct processes from the beginning that would have allowed not only Google to become COPPA compliant, but by extension allow YouTube creators to remain compliant through Google’s tools. Google should have always remained in the business of protecting its creators from governmental interference. Yet, here we are.

In fact, the COPPA legislation allows for parental permission and consent and it’s not actually that hard to set up, particularly for a large organization like Google. For Google, in fact, it already has mechanisms it could leverage to attempt to obtain verifiable parental consent. If Google had chosen to setup and maintain a 12 and under verifiable parental consent program all along, YouTube content creators could have been left off of the hook. Instead, YouTube has given content creators the finger.

If YouTube content creators must share in Google’s lack of COPPA compliance, then content creators should equally share in a Google created parental consent system. Parental consent isn’t that hard to implement. Google could have spent its time building such a system instead of lying.

Trust and Lies

When companies as big as Google participate in lies of this magnitude, you should seriously question any business you do with such a company. Companies are supposed to be ethically bound to do the right thing. When companies don’t do the right ethical thing and perpetuate lies for years, everyone must consider how much you trust that company.

What else are they lying about? It’s difficult to trust someone who lies. Why is it any different when a company chooses to lie?

When that lie can cost you $42,530 per violation, that’s what comes out of lying. Google not only didn’t protect its content creators, it perpetuated a lie that has now left its content creators hanging out to dry.

This is why YouTube as a content creator platform is about as worthless as it can possibly be… not only for the lie and COPPA, but also the monetization clampdown from 2017-2018. Every year has brought another downside to YouTube and for 2019, it’s Google’s lie.

For large creators who have an entrenched large audience and who are making ad revenue bank from their audience (at least for the moment), I understand the dilemma to ditch YouTube. But, for those content creators who make maybe $5 a month, is it worth that $5 a month to risk $42,530 every time you upload a video? Worse, the FTC can go back through your back video catalog and fine you for every single video they find! That’s a lot of $42,530 fines, potentially at least one per video. Now that’s risky!

Solutions

There are solutions. The biggest solution, ditch YouTube for other video platforms such as Facebook, SnapChat, Vimeo or DailyMotion. If you’re live streaming, there’s YouNow, Twitch and Mixer. You’re not beholden to YouTube to gain an audience and following. In fact, with the huge black COPPA cloud now permanently hanging over YouTube, it’s only a matter of time before the FTC starts its tirade and cements what I’m saying here in this article. For small and medium sized creators, particularly brand new creators, it’s officially time to give YouTube the finger-512 (just as Google has given us the finger-512). It’s long past time to ditch YouTube and to find an alternative video sharing platform. You might as well make that one a 2020 New Year’s resolution. Let’s all agree that YouTube is officially dead and move on.

Just be sure to read the fine print of whatever service you are considering using. For example, Twitch’s terms and conditions are very explicit with regards to age… no one under 13 is permitted on Twitch. If only Google had been able to actually maintain that reality instead of lying about it for nearly 20 years.

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Am I impacted by the FTC’s YouTube agreement?

Posted in botch, business, california, ethics, family by commorancy on December 16, 2019

kid-tabletThis question is currently a hot debate among YouTubers. The answer to this question is complex and depends on many factors. This is a long read as there’s a lot to say (~10000 words = ~35-50 minutes). Grab a cup of your favorite Joe and let’s explore.

COPPA, YouTube and the FTC

I’ve written a previous article on this topic entitled Rant Time: Google doesn’t understand COPPA. You’ll want to read that article to gain a bit more insight around this topic. Today’s article is geared more towards YouTube content creators and parents looking for answers. It is also geared towards anyone with a passing interest in the goings on at YouTube.

Before I start, let me write this disclaimer by saying I’m not a lawyer. Therefore, this article is not intended in any way to be construed as legal advice. If you need legal advice, there are many lawyers available who may be able to help you with regards to being a YouTube content creator and your specific channel’s circumstances. If you ARE HERE looking for legal advice, please go speak to a lawyer instead. The information provided in this article is strictly for information purposes only and IS NOT LEGAL ADVICE.

For Kids or Not For Kids?

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With that out of the way, let’s talk a little about what’s going on at YouTube for the uninitiated. YouTube has recently rolled out a new channel creator feature. This feature requires that you mark your channel “for kids” or “not for kids”. Individual videos can also be marked this way (which becomes important a little later in the article). Note, this “heading” is not the actual text on the screen in the settings area (see the image), but this is what you are doing when you change this YouTube creator setting. This setting is a binary setting. Your content is either directed at kids or it is not directed at kids. Let’s understand this reasoning around COPPA. Also, “kids” or “child” is defined in COPPA any person 12 or younger.

When you set the “for kids” setting on a YouTube channel, a number of things will happen to your channel, including comments being disabled, monetization will be severely limited or eliminated and how your content is promoted by YouTube will drastically change. There may also be other subtle changes that are as yet unclear. The reason for all of these restrictions is that COPPA prevents the collection of personal information from children 12 and under… or at least, if it is collected that it is deleted if parental consent cannot be obtained. In the 2013 update, COPPA added cookie tracking to the list of items that cannot be collected.

By disabling all of these features under ‘For Kids’, YouTube is attempting to reduce or eliminate its data collection vectors that could violate COPPA… to thwart future liabilities for Google / YouTube as a company.

On the other hand, setting your channel as ‘Not For Kids’, YouTube maintains your channel as it has always been with comments enabled, full monetization possible, etc. Seems simple, right? Wrong.

Not as Simple as it Seems

You’re a creator thinking, “Ok, then I’ll just set my channel to ‘Not for Kids’ and everything will be fine.” Not so fast there, partner. It’s not quite as simple as that. COPPA applies to your channel if even one child visits and Google collects any data from that child. But, there’s more to it.

YouTube will also be rolling out a tool that attempts to identify the primary audience of video content. If YouTube’s new tool identifies a video as content primarily targeting “kids”, that video’s “Not for Kids” setting may be overridden by YouTube and set as “For Kids”. Yes, this can be done by YouTube’s tool, thus overriding your channel-wide settings. It’s not enough to set this setting on your channel, you must make sure your content is not being watched by kids and the content is not overly kid friendly. How exactly YouTube’s scanner will work is entirely unknown as of now.

And here is where we get to the crux of this whole matter.

What is “Kid Friendly” Content?

Unfortunately, there is no clear answer to this question. Your content could be you reviewing toys, it could be drawing pictures by hand on the screen, it could be reviewing comic books, you might ride skateboards, you might play video games, you might even assemble Legos into large sculptures. These are all video topics that could go either way… and it all depends on which audience your video tends draw in.

It also depends on your existing subscriber base. If a vast majority of your current active subscribers are children 12 and under, this fact can unfairly influence your content even if your curent content is most definitely not for kids. The fact that ‘kids’ are watching your channel is a problem for ANY content that you upload.

But you say, “My viewer statistics don’t show me 12 and under category.” No, it doesn’t and there’s a good reason why it doesn’t. Google has always professed that it doesn’t allow 12 and under on its platform. But clearly, that was a lie. Google does, in fact, allow 12 and under onto its platform. That’s crystal clear for two reasons: 1) The FTC fined Google $170 million for violating COPPA (meaning, FTC found kids 12 and under are using the platform) and 2) YouTube has rolled out this “for kids / not for kids” setting confirming by Google that 12 and under do, in fact, watch YouTube and have active Google Account IDs.

I hear someone else saying, “I’m a parent and I let my 11 year old son use YouTube.” Yeah, that’s perfectly fine and legal, so long as you have given “verifiable consent” to the company that is collecting data from your 11 year old child. As long as a parent gives ‘verifiable consent’ for their child under 12 to Google or YouTube or even to the channel owner directly, it’s perfectly legal for your child to be on the platform watching and participating and for Google and YouTube to collect data from your child.

Unfortunately, verifiable consent is difficult to manage digitally. See the DIY method of parental consent below. Unfortunately, Google doesn’t offer any “verifiable consent” mechanism for itself or for YouTube content creators. This means that even if you as a parent are okay with your child being on YouTube, Facebook, Instagram or even Snapchat, if you haven’t provided explicit and verifiable parental consent to that online service for your child 12 and under, that service is in violation of COPPA by handling data that your child may input into that service. Data can include name, telephone number, email address or even sharing photos or videos of themselves. It also includes cookies placed onto their devices.

COPPA was written to penalize the “web site” or “online services” that collect a child’s information. It doesn’t penalize the family. Without “verifiable consent” from a parent or legal guardian, to the “web site” or “online service” it’s the same as no consent at all. Implicit consent isn’t valid for COPPA. It must be explicitly given and verifiable consent from a parent or legal guardian given to the service being used by the child.

The Murky Waters of Google

If only YouTube were Google’s only property to consider. It isn’t. Google has many, many properties. I’ll make a somewhat short-ish list here:

  • Google Search
  • Google Games
  • Google Music
  • Google Play Store (App)
  • Google Play Games (App)
  • Google Stadia
  • Google Hangouts
  • Google Docs
  • Google’s G Suite
  • Google Voice
  • Google Chrome (browser)
  • Google Chromebook (device)
  • Google Earth (App)
  • Google Movies and TV
  • Google Photos
  • Google’s Gmail
  • Google Books
  • Google Drive
  • Google Home (the smart speaker device)
  • Google Chromecast (TV device)
  • Android OS on Phones
  • … and the list goes on …

To drive all of these properties and devices, Google relies on the creation of a Google Account ID. To create an account, you must supply Google with certain specific identifying information including email address, first and last name and various other required information. Google will then grant you a login identifier and a password in the form of credentials which allows you to log into and use any of the above Google properties, including (you guessed it) YouTube.

Without “verifiable consent” supplied to Google for a child 12 and under, what data Google has collected from your child during the Google Account signup process (or any of the above apps) has violated COPPA, a ruleset tasked for enforcement by the Federal Trade Commission (FTC).

Yes, this whole situation gets even murkier.

Data Collection and Manipulation

The whole point to COPPA is to protect data collected from any child aged 12 and under. More specifically, it rules that this data cannot be collected / processed from the child unless a parent or legal guardian supplies “verifiable consent” to the “web site” or “online service” within a reasonable time of the child having supplied their data to the site.

As of 2013, data collection and manipulation isn’t defined just by what the child personally uploads and types, though this data is included. This Act was expanded to include cookies placed onto a child’s computer device to track and target that child with ads. These cookies are also considered protected data by COPPA as these cookies could be used to personally identify the child. If a service does not have “verifiable consent” on file for that child from a parent or guardian, the “online service” or “web site” is considered by the FTC in violation of COPPA.

The difficulty with Google’s situation is that Google actually stores a child’s data within the child’s Google Account ID. This account ID being entirely separate from YouTube. For example, if you buy your child a Samsung Note 10 Phone running Android and you as a parent create a Google Account for your 12 or under child to use that device, you have just helped Google violate COPPA. This is part of the reason the FTC fined Google $170 million for violations to COPPA. Perhaps not this specific scenario, but the fact that Google doesn’t offer a “verifiable consent” system to verify a child’s access to its services and devices prior to collecting data or granting access to services led the FTC to its ruling. The FTC’s focus, however, is currently YouTube… even though Google is violating COPPA everywhere all over its properties as a result of the use of a Google Account ID.

YouTube’s and COPPA Fallout

Google wholly owns YouTube. Google purchased the YouTube property in 2006. In 2009, Google retired YouTube’s original login credential system and began requiring YouTube to use Google Accounts to gain access to the YouTube property by viewers. This change is important.

It also seems that YouTube is still operating itself mostly as a self-autonomous entity within Google’s larger corporate structure. What all of this means more specifically is that YouTube now uses Google Accounts, a separately controlled and operated system within Google, to manage credentials and gain access into not only the YouTube property, but every other property that Google has (see the short-ish list above).

In 2009, the YouTube developers deprecated their own home grown credentials system and began using the Google Accounts system of credential storage. This change to YouTube very likely means that YouTube itself no longer stores or controls any credential or identifying data. That data is now contained within the Google Accounts system. YouTube likely now only manages the videos that get uploaded, comments, supplying ads on videos (which the tracking and manage is probably controlled by Google also), content ID matching and anything else that appears in the YouTube UI interface. Everything else is likely out of the YouTube team’s control (or even access). In fact, I’d suspect that the YouTube team likely has entirely zero access to the data and information stored within the Google Accounts system (with the exception of that specific data which is authorized by the account holder to be publicly shown).

Why is this Google Accounts information important?

So long as Google Accounts remains a separate entity from YouTube (even though YouTube is owned by the same company), this means that YouTube can’t be in violation of COPPA (at least not where storage of credentials are concerned). There is one exception which YouTube does control… its comment system.

The comment system on YouTube is one of the earliest “modern” social networks ever created. Only Facebook and MySpace were slightly earlier, though all three were generally created within 1 year of one another. It is also the only free form place left in the present 2019 YouTube interface that allows a 12 or under child to incidentally type some form of personally identifying information into a public forum for YouTube to store (in violation of COPPA).

This is the reason that the “for kids” setting disables comments. YouTube formerly had a private messaging service, but it was retired as of September of 2019. It is no longer possible to use YouTube to have private conversations between other YouTube users. If you want to converse with another YouTube viewer, you must do it in a public comment. This change was likely also fallout from Google’s COPPA woes.

Google and Cookies

For the same reason as Google Accounts, YouTube likely doesn’t even manage its own site cookies. It might, but it likely relies on a centralized internal Google service to create, manage and handle cookies. The reason for this is obvious. Were YouTube’s developers to create and manage their own separate cookie, it would be a cookie that holds no use for other Google services. However, if YouTube developers were to rely on a centralized Google controlled service to manage their site’s cookies, it would allow the cookie to be created in a standardized way that all Google services can consume and use. For this reason, this author supposes a centralized system is used at YouTube rather than something “homegrown” and specific to YouTube.

While it is possible that YouTube might create its own cookies, it’s doubtful that YouTube does this for one important reason: ad monetization. For YouTube to participate in Google Advertising (yet another service under the Google umbrella of services), YouTube would need to use tracking cookies that the Google Advertising service can read, parse and update while someone is watching a video on YouTube.

This situation remains murky because YouTube can manage its own internal cookies. I’m supposing that YouTube doesn’t because of a larger corporate platform strategy. But, it is still entirely possible that YouTube does manage its own browser cookies. Only a YouTube employee would know for certain which way this one goes.

Because of the ambiguity in how cookies are managed within Google and YouTube, this is another area where YouTube has erred on the side of caution by disabling ads and ad tracking if a channel is marked as ‘for kids’. This prevents placing ad tracking cookies on any computers from ‘for kids’ marked channels and videos, again avoiding violations of COPPA.

The FTC’s position

Unfortunately, the FTC has put themselves into a constitutionally precarious position. The United States Constitution has a very important provision within its First Amendment.

Let me cite a quote from the US Constitution’s First Amendment (highlighting and italics added by author to call out importance):

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The constitutional difficulty that the FTC has placed themselves in is that YouTube, by its very nature, offers a journalistic platform which is constitutionally protected from tortious interference by the United States government. The government (or more specifically, Congress) cannot make law that in any way abridges freedom of speech or of the press.

A video on YouTube is not only a form of journalism, it is a form of free speech. As long as YouTube and Google remain operating within the borders of the United States, United States residents must be able to use this platform unfettered without government tortious interference.

How does this imply to the FTC? It applies because the FTC is a governmental entity created by an act of the US Congress and, therefore, acts on behalf of the US Congress. This means that the FTC must uphold all provisions of the United States Constitution when dealing with matters of Freedom of Speech and Freedom of the Press.

How is does this problem manifest for the FTC? The FTC has repeatedly stated that it will use “tools” to determine if a YouTube channel’s content is intended for and is primarily intended to target children 12 and under. Here’s the critical part. If a channel’s content is determined to be targeting children 12 and under, the channel owner may be fined up to $43,530 per video as it will have been deemed in violation of COPPA.

There are two problems with the above statements the FTC has made. Let’s examine text from this FTC provided page about YouTube (italics provided by the FTC):

So how does COPPA apply to channel owners who upload their content to YouTube or another third-party platform? COPPA applies in the same way it would if the channel owner had its own website or app. If a channel owner uploads content to a platform like YouTube, the channel might meet the definition of a “website or online service” covered by COPPA, depending on the nature of the content and the information collected. If the content is directed to children and if the channel owner, or someone on its behalf (for example, an ad network), collects personal information from viewers of that content (for example, through a persistent identifier that tracks a user to serve interest-based ads), the channel is covered by COPPA. Once COPPA applies, the operator must provide notice, obtain verifiable parental consent, and meet COPPA’s other requirements.

and there’s more, which contains the most critical part of the FTC’s article:

Under COPPA, there is no one-size-fits-all answer about what makes a site directed to children, but we can offer some guidance. To be clear, your content isn’t considered “directed to children” just because some children may see it. However, if your intended audience is kids under 13, you’re covered by COPPA and have to honor the Rule’s requirements.

The Rule sets out additional factors the FTC will consider in determining whether your content is child-directed:

  • the subject matter,
  • visual content,
  • the use of animated characters or child-oriented activities and incentives,
  • the kind of music or other audio content,
  • the age of models,
  • the presence of child celebrities or celebrities who appeal to children,
  • language or other characteristics of the site,
  • whether advertising that promotes or appears on the site is directed to children, and
  • competent and reliable empirical evidence about the age of the audience.

Content, Content and more Content

The above quotes discuss YouTube Content becoming “covered by COPPA”. This is a ruse. Content is protected speech by the United States Constitution and is defined within the First Amendment (see above). Nothing in any YouTube visual content when published by a United State Citizen can be “covered by COPPA”. The First Amendment sees to that.

Let’s understand why. First, COPPA is a data collections Act. It has nothing whatever to do with content ratings, content age appropriateness or, indeed, does not discuss anything else related visual content targeted towards children of ANY age. Indeed, there is no verbiage within the COPPA provisions that discuss YouTube, visual content, audio content or anything else to do with Freedom of Speech matters.

It gets worse… at least for the FTC. Targeting channels for disruption by fining them strictly over content uploaded onto the channel is less about protecting children’s data and more about content censorship on YouTube. Indeed, fining a channel $42,530 is tantamount to censorship as it is likely to see that content removed from YouTube… which is, indeed, censorship in its most basic form. Any censorship of Freedom of Speech is firmly against First Amendment rights.

Since the FTC is using fines based on COPPA as leverage against content creators, the implication is that the FTC will use this legal leverage to have YouTube take down content it feels is inappropriate targeting 12 and under children, rather than upholding COPPA’s actual data protection provisions. Indeed, the FTC will actually be making new law by fining channels based on content, not on whether data was actually collected in violation of COPPA’s data collection provisions. Though, the first paragraph may claim “data collection” as a metric, the second paragraph is solely about “offending content”… which is entirely about censorship. Why is that? Let’s continue.

COPPA vs “Freedom of Speech”

The FTC has effectively hung themselves out to dry. In fact, if the FTC does fine even ONE YouTube channel for “inappropriate content”, the FTC will be firmly in the business of censorship of journalism. Or, more specifically, the FTC will have violated the First Amendment rights of U.S. Citizens’ freedom of speech protections.

This means that in order for the FTC to enforce COPPA against YouTube creators, it has now firmly put itself into the precarious position of violating the U.S. Constitution’s First Amendment. In fact, the FTC cannot even fine even one channel owner without violating the First Amendment.

In truth, they can fine under only the following circumstance:

  1. The FTC proves that the YouTube channel actually collected and currently possesses inappropriate data from a child 12 and under.
  2. The FTC leaves the channel entirely untouched. The channel and content must remain online and active.

Number 2 is actually quite a bit more difficult for the FTC than it sounds. Because YouTube and the FTC have made an agreement, that means that YouTube can be seen as an agent of the FTC by doing the FTC’s bidding. This means that even if YouTube takes down the channel after a fine for TOS reasons, the FTC’s fining action can still be construed as in violation of First Amendment rights because YouTube acted as an agent to take down the “offending content”.

It gets even more precarious for the FTC. Even the simple the act of levying a fine against a YouTube channel could be seen as a violation of First Amendment rights. This action by the FTC seems less about protecting children’s data and more about going after YouTube content creators “targeting children with certain types of content” (see above). Because the latter quote from the FTC article explicitly calls out types of content as “directed at children”, this intentionally shows that it’s not about COPPA, but about visual content rules. Visual content rules DO NOT exist in COPPA.

Channel Owners and Content

If you are a YouTube channel owner, all of the above should greatly concern you for the following reasons:

  1. You don’t want to become a Guinea Pig to test First Amendment legal waters of the FTC + COPPA
  2. The FTC’s content rules above effectively state, “We’ll know it when we see it.” This is constitutionally BAD. This heavily implies content censorship intent. This means that the FTC can simply call out any content as being inappropriate and then fine a channel owner for uploading that content.
  3. It doesn’t specify state if the rule applies retroactively. Does previously uploaded content become subject to the FTC’s whim?
  4. The agreement takes effect beginning January 1, 2020
  5. YouTube can “accidentally” reclassify content as “for kids” when it clearly isn’t… which can trigger an FTC action.
  6. The FTC will apparently have direct access to the YouTube platform scanning tools. To what degree it has access is unknown. If it has direct access to take videos or channels offline, it has direct access to violate the First Amendment. Even if it must ask YouTube to do this takedown work, the FTC will still have violated the First Amendment.

The Fallacy

The difficulty I have with this entire situation is that the FTC now appears to be holding content creators to blame for heavy deficiencies within YouTube’s and Google’s platforms. Because Google failed to properly police its own platform for 12 and under users, it now seeks to pass that blame down onto YouTube creators simply because they create and upload video content. Content, I might add, that is completely protected under the United State Constitution’s First Amendment as “Freedom of Speech”. Pre-shot video content is a one-way passive form of communication.

Just like broadcast and cable TV, YouTube is a video sharing platform. It is designed to allow creators to impart one-way passive communication using pre-made videos, just like broadcast TV. If these FTC actions apply to YouTube, then they equally apply to broadcast and cable television providers…. particularly now that CBS, ABC, NBC, Netflix, Disney+ (especially Disney+), Hulu, Vudu, Amazon, Apple and cable TV providers now also offer “web sites” and “online services” where their respective video content can (and will) be viewed by children 12 and under via a computer device or web browser and where a child may is able to input COPPA protected data. For example, is Disney+ requiring verifiable parental consent to comply with COPPA?

Live Streaming

However, YouTube now also offers live streaming which changes the game a little for COPPA. Live streaming offers two-way live communication and in somewhat real-time. Live streaming is a situation where a channel creator might be able to collect inappropriate data from a child simply by asking pointed questions during a live stream event. A child might even feel compelled to write into live chat information that they shouldn’t be giving out. Live streaming may be more likely to collect COPPA protected data than pre-made video content simply because of the live interactivity between the host and the viewers. You don’t get that level of interaction when using pre-made video content.

Live streaming or not, there is absolutely no way a content creator can in any way be construed as an “Operator” of Google or of YouTube. The FTC is simply playing a game of “Guilty by Association”. They are using this flawed logic… “You own a YouTube channel, therefore you are automatically responsible for YouTube’s infractions.” It’s simply Google’s way of passing down its own legal burdens by your channel’s association with YouTube. Worse, the FTC seems to have bought into this Google shenanigan. It’s great for Google, though. They won’t be held liable for any more infractions against COPPA so long as YouTube creators end up shouldering that legal burden for Google.

The FTC seems to have conveniently forgotten this next part. In order to have collected data from a child, you must still possess a copy of that data to prove that you actually did collect it and that you are STILL in violation of COPPA. If you don’t have a copy of the alleged violating data, then you either didn’t collect it, the child didn’t provide it, you never had it to begin with or you have since deleted it. As for cookie violations, it’s entirely a stretch to say that YouTube creators had anything to do with how Google / YouTube manages cookies. The COPPA verbiage states of deletion under Parental Consent:

§312.4(c)(1). If the operator has not obtained parental consent after a reasonable time from the date of the information collection, the operator must delete such information from its records;

If an “operator” deletes such records, then the “operator” is not in violation of COPPA. If an “operator” obtains parental consent, then the “operator” is also not in violation of COPPA. Nothing, though, states definitively that a YouTube creator assumes the role of “operator”.

This is important because Google is and remains the “operator”. Until or unless Google extends access to its Google Accounts collected data to ALL YouTube creators so that a creator can take possession of said data, a creator cannot be considered an “operator”. The YouTube creator doesn’t have (and never has had) access to the Google Account personal data (other than what is publicly published on Google). Only Google has access to this account data which has been collected as part of creating a new Google Account. Even the YouTube property and its employees likely don’t even have access to Google Account personal data as mentioned. This means that, by extension, a YouTube creator doesn’t have a copy of any personal data that a Google Accounts signup may have collected… and therefore the YouTube content creator is NOT in violation of COPPA, though that doesn’t take Google off of the hook for it.

A YouTube content creator must actually POSSESS the data to be in violation. The FTC’s burden of proof is to show that the YouTube content creator actually has possession of that data. Who possesses that data? Google. Who doesn’t possess that data? The YouTube content creator. Though, there may be some limited edge cases where a YouTube creator might have requested personal information from a child in violation of COPPA. Even if a YouTube creator did request such data, so long as it has since been deleted fully, it is not in violation of COPPA. You must still be in possession of said data to be in violation of COPPA, at least according to how the act seems to read. If you have questions about this section, you should contact a lawyer for definitive confirmation and advice. Remember, I’m not a lawyer.

There is only ONE situation where a YouTube content creator may be in direct violation of COPPA. That is for live streaming. If a live streamer prompts for personal data to be written into the live chat area from its viewers and one of those viewers is 12 or under, the creator will have access to COPPA violating personal data. Additionally, comments on videos might be construed as in violation of COPPA if a 12 and under child writes something personally identifying into a comment. Though, I don’t know of many content creators who would intentionally request their viewers to reveal personally information in a comment on YouTube. Most people (including content creators) know the dangers all too well of posting such personally identifying information in a YouTube comment. A child might not, though. I can’t recall having watched one single YouTube channel where the host requests personally identifying information be placed into a YouTube comment. Ignoring COPPA for a second, such a request would be completely irresponsible. Let’s continue…

COPPA does state this about collecting data under its ‘Definitions’ section:

Collects or collection means the gathering of any personal information from a child by any means, including but not limited to:

(1) Requesting, prompting, or encouraging a child to submit personal information online;

(2) Enabling a child to make personal information publicly available in identifiable form. An operator shall not be considered to have collected personal information under this paragraph if it takes reasonable measures to delete all or virtually all personal information from a child’s postings before they are made public and also to delete such information from its records; or

(3) Passive tracking of a child online.

The “Enabling a child” section above is the reason for the removal of comments when the “for kids” setting is defined. Having comments enabled on a video when a child 12 and under could be watching enables the child to be able to write in personal information if they so choose. Simply by having a comment system available to someone 12 and under appears to be an infraction of COPPA. YouTube creators DO have access to enable or disable comments. What YouTube Creators don’t have access to is the age of the viewer. Google hides that information from YouTube content creators. YouTube content creators, in good faith, do not know the ages of anyone watching their channel.

Tracking a child’s activities is not possible by a YouTube content creator. A content creator has no direct or even incidental access to Google’s systems which perform any tracking activities. Only Google Does. Therefore, number 3 does not apply to YouTube content creators. The only way number 3 would ever apply to a creator is if Google / YouTube offered direct access to its cookie tracking systems to its YouTube content creators. Therefore, only numbers 1 and 2 could potentially apply to YouTube content creators.

In fact, because Google Accounts hides its personal data from YouTube content creators (including the ages of its viewers), content creators don’t know anything personal about any of its viewers. Which means, how are YouTube content creators supposed to know if a child 12 and under is even watching?

Google’s Failures

The reality is, Google has failed to control its data collection under Google Accounts. It is Google Accounts that needs to have COPPA applied to it, not YouTube. In fact, this action by the FTC will actually solve NOTHING at Google.

Google’s entire system is tainted. Because of the number of services that Google owns and controls, placing COPPA controls on only ONE of these services (YouTube) is the absolute bare minimum for an FTC action against COPPA. It’s clear that the FTC simply doesn’t understand the breadth and scope of Google’s COPPA failures within its systems. Placing these controls on YouTube will do NOTHING to fix COPPA’s greater violations which continue unabated within the rest of Google’s Services, including its brand new video gaming streaming service, Google Stadia. Google Stadia is likely to draw in just as many children 12 and under as YouTube. Probably more. If Stadia has even one sharing or voice chat service active or uses cookies to track its users, Stadia is in violation for the same exact reasons YouTube is… Google’s failure of compliance within Google Accounts.

Worse, there’s Android. Many parents are now handing brand new Android phones to their children 12 and under. Android has MANY tracking features enabled on its phones. From the GPS on board, to cookies, to apps, to the cell towers, to the OS itself. Talk about COPPA violations.

What about Google Home? You know, that seemingly innocuous smart speaker? Yeah, that thing is going to track not only each individual’s voice, it may even store recordings of those voices. It probably even tracks what things you request and then, based on your Google Account, will target ads on your Android phone or on Google Chrome based on things you’ve asked Google Home to provide. What’s more personally identifying than your own voice being recorded and stored after asking something personal?

Yeah, YouTube is merely the tippiest tip of a much, much, MUCH larger corporate iceberg that is continually in violation of COPPA within Google. The FTC just doesn’t get that its $170 million fine and First Amendment violating censorship efforts on YouTube isn’t the right course of action. Not only does the FTC’s involvement in censorship on YouTube lead to First Amendment violations, it won’t solve the rest of the COPPA violations at Google.

Here’s where the main body of this article ends.

Because there are still more questions, thoughts and ideas around this issue, let’s explore a some deeper ideas which might answer a few more of your questions as a creator or as a parent. Each question is prefaced by a ➡️ symbol. At this point, you may want to skim the rest of this article for specific thoughts which may be relevant to you.


➡️ “Should I Continue with my YouTube Channel?”

This is a great question and one that I can’t answer for you. Since I don’t know your channel or your channel’s content, there’s no way for me to give advice to you. Even if you do tell me your channel and its content, the FTC explicitly states that it will be at the FTC’s own discretion if a channel’s content “is covered by COPPA”. This means you need to review your own channel content to determine if your video content drives kids 12 and under to watch. Even then, it’s a crap shoot.

Are there ways you can begin to protect your channel? Yes. The first way is to post a video requesting that all subscribers who are 12 and under either unsubscribe from the channel or alternatively ask their parents to provide verifiable consent to you to allow that child to continue watching. This consent must come from a parent or guardian, not the child. Obtaining verifiable consent is not as easy as it sounds. Though, after you have received verifiable parental consent from every “child” subscriber on your channel, you can easily produce this consent documentation to the FTC if they claim your channel is in violation.

The next option is to apply for TRUSTe’s Children’s Privacy Certification. This affords your YouTube channel “Safe Harbor” protections against the FTC. This one is likely most helpful for large YouTube channels which tend to target children and which make significant income through ad monetization. TRUSTe’s certification is not likely to come cheap. This is the reason this avenue would only be helpful for the largest channels receiving significant monetization enough to pay for such a service.

Note, if you go through the “Safe Harbor” process or obtain consent for every subscriber, you won’t need to set your channel as ‘for kids’. Also note that “Safe Harbor” may not be possible due to Google owning all of the equipment that operates YouTube. Certification programs usually require you to have direct access to systems to ensure they continue to comply with the terms of the certification. Certifications usually also require direct auditing of systems to ensure the systems comply with the certification requirements. It’s very doubtful that Google will allow an auditing firm to audit YouTube’s servers on behalf of a content creator for certification compliance… and even if they did allow such an audit, YouTube’s servers would likely fail the certification audit.

The final option is to suspend your channel. Simply hide all of your content and walk away from YouTube. If you decide to use another video service like DailyMotion, Vimeo, or Twitch, the FTC may show up there as well. If they can make the biggest video sharing service in the world bow down to the FTC, then the rest of these video sharing services are likely not far behind.

➡️ “I don’t monetize my channel”

This won’t protect you. It’s not about monetization. It’s about data collection. The FTC is holding channel owners responsible for Google irresponsible data collection practices. Because Google can’t seem to police its own data collection to shield its end users from COPPA, Google/YouTube has decided to skip trying to fix their broken system and, instead, YouTube has chosen pass their violations down onto their end users… the YouTube creators.

This “passing off liability” action is fairly unheard of in most businesses. Most businesses attempt to shield their end users from legal liabilities by the use of its services as much as possible. Not Google or YouTube. They’re more than willing to hang their end users out to dry and let their end users take the burden of Google’s continued COPPA violations.

➡️ “My content isn’t for kids”

That doesn’t matter. What matters is whether the FTC thinks it is. If your content is animated, video game related, toy related, art related, craft related or in any way might draw in children as viewers, that’s all that matters. Even one child 12 and under is enough to shift Google’s COPPA data collection liabilities down onto your shoulders.

➡️ “I’ve set my channel as ‘not for kids'”

This won’t protect you. Google has a tool in the works that will scan the visual content of a video and potentially reclassify a video as “for kids” in defiance of the channel-wide setting of “not for kids”. Don’t expect that the channel-wide setting will hold up for every single video you post. YouTube can reclassify videos as it sees fit. Whether there will be a way to appeal this is as yet unknown. To get rid of that reclassification of a video, you may have to delete the video and reupload. Though, if you do this and the content remains the same, it will likely be scanned and marked “for kids” again by YouTube’s scanner. Be cautious.

➡️ “I’ll set my channel ‘for kids'”

Do this only if you’re willing to live with the restrictions AND only if your content really is for kids (or is content that could easily be construed as for kids). While this channel setting may seem to protect your channel from COPPA violations, it actually doesn’t. On the other hand, if your content truly isn’t for children and you set it ‘for kids’ that may open your channel up to other problems. I wouldn’t recommend setting content as ‘for kids’ if the content you post is not for kids. Though, there’s more to this issue… keep reading.

Marking your content “for kids” won’t actually protect you from COPPA. In fact, it makes your channel even more liable to COPPA violations. If you mark your content as “for kids”, you are then firmly under the obligation of providing proof that your channel absolutely DID NOT collect data from children under the age of 13. Since the FTC is making creators liable for Google’s problematic data collection practices, you could be held liable for Google’s broken data collection system simply by marking your content as ‘for kids’.

This setting is very perilous. I definitely don’t recommend ANY channel use this setting… not even if your channel is targeted at kids. By setting ‘for kids’ on any channel or content, your channel WILL become liable under COPPA’s data collection provisions. Worse, you will be held liable for Google’s data collections practices… meaning the FTC can come after you with fines. This is where you will have to fight to prove that you presently don’t have access to any child’s collected data, that you never did and that it was solely Google who stored and maintained that data. If you don’t possess any of this alleged data, it may be difficult for the FTC to uphold fines against channel owners. But, unfortunately, it may cost you significant attorney fees to prove that your channel is in the clear.

Finally, it’s entirely possible that YouTube may change this ‘for kids’ setting so that it becomes a one-way transition. This means that you may be unable to undo this change in the future. If it becomes one way, then a channel that is marked ‘for kids’ may never be able to go back to ‘not for kids’. You may have to create an entirely new channel and start over. If you have a large channel following, that could be a big problem. Don’t set your channel ‘for kids’ thinking you are protecting your channel. Do it because you’re okay with the outcome and because your content really is targeted for kids. But, keep in mind that setting ‘for kids’ will immediately allow the FTC to target your channel for COPPA violations.

➡️ “I’m a parent and I wish to give verifiable parental consent”

That’s great. Unfortunately, doing so is complicated. Because it’s easy for a child to fabricate such information using friends or parents of friends, giving verifiable consent to a provider is more difficult for parents than it sounds. It requires first verifying your identity as a parent, then it requires the provider to collect consent documentation from you.

It seems that Google / YouTube have chosen not yet set up a mechanism to collect verifiable consent themselves, let alone for YouTube content creators. What that means is that there’s no easy way for you as a parent to give (or a channel to get) verifiable consent easily. On the flip side as a content creator, it is left to you to handle contacting parents and collecting verifiable consent for child subscribers. You can use a service that will cost you money or you can do it yourself. As a parent, you can do your part by contacting a channel owner and giving them explicit verifiable consent. Keep reading to understand how to go about giving consent.

Content Creators and Parental Consent

Signing up for a service that provides a verifiable consent is something that larger YouTube channels may be able to afford, But, for a small YouTube channel, collecting such information from every new subscriber will be difficult. Google / YouTube could set up such an internal verification service for its creators, but YouTube doesn’t care about that or complying with COPPA. If Google cared about complying with COPPA, they would already have a properly working age verification system in Google Accounts that forces children to set their real age and which requires verifiable consent from the parent of a child 12 and under. If a child 12 and under is identified, Google can then block access to all services that might allow the child to violate COPPA until such consent is given.

It gets even more complicated. Because YouTube no longer maintains a private messaging service, there’s no way for a channel owner to contact subscribers directly on the YouTube platform other than posting a one-way communication video to your channel showing an email address or other means to contact you. This is why it’s important for each parent to reach out to each YouTube channel owner where the child subscribes and offer verifiable consent to the channel owner.

As a creator, this means you will need to post a video stating that ALL subscribers who are under the age of 13 must have have parental consent to watch your channel. This child will need to request their parent contact you using a COPPA authorized mechanism to provide consent. This will allow you to begin the collection of verifiable consent from parents of any children watching or subscribed to your content. Additionally, with every video you post, you must also have an intro on every video stating that all new subscribers 12 and under must have their parent contact the channel owner to provide consent. This shows to the FTC that your channel is serious about collecting verifiable parental consent.

So what is involved in Do It Yourself consent? Not gonna lie. It’s going to be very time consuming. However, the easiest way to obtain verifiable consent is setting up and using a two-way video conferencing service like Google Hangouts, Discord or Skype. You can do this yourself, but it’s better if you hire a third party to do it. It’s also better to use a service like Hangouts which shows all party faces together on the screen at once. This way, when you record the call for your records, both yours and the parent+child’s faces are readily shown. This shows you didn’t fabricate the exchange.

To be valid consent, both the parent and the child must be present and visible in the video while conferencing with the channel owner. The channel owner should also be present in the call and visible on camera if possible. Before beginning, the channel owner must notify the parent that the call will be recorded by the channel owner for the sole purposes of obtaining and storing verifiable consent. You may want to ensure the parent understands that the call will only and ever be used for this purpose (and hold to that). It is off limits to post these videos as a montage on YouTube as content. Then, you may record the conference call and keep it in the channel owners records. As a parent, you need to be willing to offer a video recorded statement to the channel owner stating something similar to the following:

“I, [parent or guardian full name], am 18 years of age or older and give permission to [your channel name] for my child / my ward [child’s YouTube public profile name] to continue watching [your channel name]. I additionally give permission to [your channel name] to collect any necessary data from my child / my ward while watching your channel named [your channel name].”

If possible, the parent should hold up the computer, tablet, phone or device that the child will use to the camera so that it clearly shows the child account’s profile name is logged into YouTube on your channel. This will verify that it is, indeed, the parent or legal guardian of that child’s profile. You may want to additionally request the parent hold up a valid form of picture ID (driver’s license or passport) obscuring any addresses or identifiers with paper or similar to verify the picture and name against the person performing consent. You don’t need to know where they live, you just need to verify the name and photo on the ID matched the person you are speaking to.

Record this video statement for your records and store this video recording in a safe place in case you need to recall this video for the FTC. There should be no posting of these videos to YouTube or any other place. These are solely to be filed for consent purposes. Be sure to also notice if the person with the child is old enough to be an adult, that the ID seems legit and the person is not that child’s sibling or someone falsifying this verification process. If this is a legal guardian situation, this is more difficult to validate legal guardianship. Just do your best and hope that the guardian is being truthful. If in doubt, thank the people on the call for their time and then block the subscriber from your channel.

If your channel is owned by a corporation, the statement should include the name of the business as well as the channel. Such a statement over a video offers verifiable parental consent for data collection from that child by that corporation and/or the channel. This means that the child may participate in comment systems related to your videos (and any other data collection as necessary). Yes, this is a lot of work if you have a lot of under 13 subscribers, but it is the work that the U.S. Government requires to remain compliant with COPPA. The more difficult part is knowing which subscribers are 12 and under. Google and YouTube don’t provide any place to determine this. Instead, you will need to ask your child subscribers to submit parental consent.

If the DIY effort is too much work, then the alternative is to post a video requesting 12 and under subscribers contact you via email stating their YouTube public subscriber identifier. Offer up an email address for this purpose. It doesn’t have to be your primary address. It can be a ‘throw away’ address solely for this purpose. For any account that emails you their account information, block it. This is the simplest way to avoid 12 and under children who may already be in your subscriber pool. Additionally, be sure to state in every future video that any 12 and under watching this channel must have their parental consent or risk being blocked.

Note, you may be thinking that requesting any information from a child 12 and under is in violation of COPPA, but it isn’t. COPPA allows for a reasonable period of time to collect personal data while in the process of obtaining parental consent before that data needs to be irrevocably deleted. After you block 12 and under subscribers, be sure to delete all correspondence via that email address. Make sure that the email correspondence isn’t sitting in a trashcan. Also make sure that not only are the emails are fully deleted, but any collected contact information is fully purged from that email system. You want to make sure that not only are all emails deleted, but any collected email addresses are also purged. Many email services automatically collect and store email addresses into an automatic address list. Make sure that these automatic lists are also purged. As long as all contact data has been irrevocably deleted, you aren’t violating COPPA.

COPPA recognizes the need to collect personal information to obtain parental consent:

(c) Exceptions to prior parental consent. Verifiable parental consent is required prior to any collection, use, or disclosure of personal information from a child except as set forth in this paragraph:

(1) Where the sole purpose of collecting the name or online contact information of the parent or child is to provide notice and obtain parental consent under §312.4(c)(1). If the operator has not obtained parental consent after a reasonable time from the date of the information collection, the operator must delete such information from its records;

This means you CAN collect a child’s or parent’s name or contact information in an effort to obtain parental consent and that data may be retained for a period of “reasonable time” to gain that consent. If consent is not obtained in that time, then the channel owner must “delete such information from its records”.

➡️ “How can I protect myself?”

As long as your channel remains on YouTube with published content, your channel is at risk. As mentioned above, there are several steps you can take to reduce your risks. I’ll list them here:

  1. Apply for Safe Harbor with TrustArc’s TRUSTe certification. It will cost you money, but once certified, your channel will be safe from the FTC so long as you remain certified under the Safe Harbor provisions.
  2. Remove your channel from YouTube. So long as no content remains online, the FTC can’t review your content and potentially mark it as “covered by COPPA.”
  3. Wait and see. This is the most risky option. The FTC makes some claims that it intends proving you had access to, stored and maintained protected data from children. However, there are just as many statements that indicate they will take action first, then request proof later. Collecting data will be difficult burden of proof for most channels. It also means a court battle.
  4. Use DYI or locate a service to obtain verifiable parental consent for every subscriber 12 and under.

➡️ “What went wrong?”

A whole lot failed on Google and YouTube’s side. Let’s get started with bulleted points of Google’s failures.

  • Google has failed to identify children 12 and under to YouTube content creators.
  • Google has failed to offer mechanisms to creators to prevent children 12 and under from viewing content on YouTube.
  • Google has failed to prevent children 12 and under from creating a Google Account.
  • Google has failed to offer a system to allow parents to give consent for children 12 and under to Google. If Google had collected parental consent for 12 and under, that consent should automatically apply to content creators… at least for data input using Google’s platforms.
  • Google has failed to warn parents that they will need to provide verifiable consent for children 12 and under using Google’s platform(s). Even the FTC has failed to warn parents of this fact.
  • YouTube has failed to provide an unsubscribe tool to creators to easily remove any subscribers from a channel. See question below.
  • YouTube has failed to provide a blocking mechanism that prevents a Google Account from searching, finding or watching a YouTube channel.
  • YouTube has failed to identify accounts that may be operated by a child 12 and under and warn content creators of this fact thus allow the creator to block any such accounts.
  • YouTube has failed to offer a tool to allow creators to block specific (or all) content from viewers 12 and under.
  • YouTube has failed to institute a full ratings system, such as the TV Parental Guidelines that sets a rating on the video and provides a video rating identifier within the first 2 minutes, thus stating that a video may contain content inappropriate for certain age groups. Such a full ratings system would allow parents to block specific ratings of content from their child using parental controls. This would allow parents to prevent not only children 12 and under from viewing more mature rated YouTube content, it lets parents block content for all age groups handled by the TV Parental Guidelines.

➡️ “I’m a creator. Can I unsubscribe a subscriber from my channel?”

No, you cannot. But, you can “Block” the user and/or you can “Hide user from channel” depending on where you are in the YouTube interface. Neither of these functions are available as features directly under the Subscriber area of YouTube Creator. Both of these features require digging into separate public Google areas. These mechanisms don’t prevent a Google Account from searching your channel and watching your public content, however.

To block a subscriber, enter the Subscribers area of your channel using Creator Studio Classic to view a list of your subscribers. A full list of subscribers is NOT available under the newest YouTube Studio. You can also see your subscribers (while logged into your account) by navigating to https://www.youtube.com/subscribers. From here, click on the username of the subscriber. This will take you to that subscriber’s YouTube page. From this user page, locate a small grey flag in the upper portion of the screen. I won’t snapshot the flag or give its exact location because YouTube is continually moving this stuff around and changing the flag image shape. Simply look for a small flag icon and click on it, which will drop down a menu. This menu will allow you to block this user.

Blocking a user prevents all interactions between that user and your channel(s). They will no longer be able to post comments on your videos, but they will still be able to view your public content and they will remain subscribed if they already are.

The second method is to use “Hide user from channel”. You do this by finding a comment on the video from that user and selecting “Hide user from channel” using the 3 vertical  dot drop down menu to the right of the comment. You must be logged into your channel and viewing one of your video pages for this to work.

Hiding a user and blocking a user are effectively the same thing, according to YouTube. The difference is only in the method of performing the block. Again, none of the above allows you to unsubscribe users manually from your channel. Blocking or hiding a user still allows the user to remain subscribed to your channel as stated above. It also allows them to continue watching any public content that you post. However, a blocked or hidden user will no longer receive notifications about your channel.

This “remaining subscribed” distinction is important because the FTC appears to be using audience viewer demographics as part of its method to determine if a channel is directing its content towards children 12 and under. It may even use subscriber demographics. Even if you do manage to block an account of a child 12 and under who has subscribed to your channel, that child remains a subscriber and can continue to search for your channel and watch any content you post. That child’s subscription to your channel may, in fact, continue to impact your channel’s demographics, thus leading to possible action by the FTC. By blocking 12 and under children, you may be able to use this fact to your advantage by proving that you are taking action to prevent 12 and under users from posting inappropriate data to your channel.

➡️ “What about using Twitch or Mixer?”

Any video sharing or live streaming platforms outside of and not owned by Google aren’t subject to Google’s / YouTube’s FTC agreement.

Twitch

Twitch isn’t owned or operated by Google. They aren’t nearly as big as YouTube, either. Monetization on Twitch may be less than can be had on YouTube (at least before this COPPA change).

Additionally, Twitch’s terms of service are fairly explicit regarding age requirements, which should prevent COPPA issues. Twitch’s terms state as follows of minors using Twitch:

2. Use of Twitch by Minors and Blocked Persons

The Twitch Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Twitch Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

This statement is more than Google provided for its creators. This statement by Twitch explicitly means Twitch intends to protect its creators from COPPA and any other legal requirements associated with minors or “children” using the Twitch service. For creators, this piece of mind is important.

Unfortunately, Google has no such creator piece of mind. In fact, the whole way YouTube has handled COPPA is sloppy at best. If you are a creator on YouTube, you should seriously consider this a huge breech of trust between Google and you, the creator.

Mixer

Mixer is presently owned by Microsoft. I’d recommend caution using Mixer. Because Microsoft allows 12 and under onto its ID system, it may end up in the same boat as YouTube. It’s probably a matter of time before the FTC targets Microsoft and Mixer with similar actions.

Here’s what Mixer’s terms of service say about age requirements:

User Age Requirements

  • Users age 12 years and younger cannot have a channel of their own. The account must be owned by the parent, and the parent or guardian MUST be on camera at all times. CAT should not have to guess whether a parent is present or not. If such a user does not appear to have a guardian present, they can be reported, so CAT can investigate further.
  • Users aged 13-16 can have a channel, with parental consent. They do not require an adult present on camera. If they are reported, CAT will take steps to ensure that the parent is aware, and has given consent.

This looks great and all, but within the same terms of service area it also states:

Users Discussing Age In Chat

We do NOT have any rule against discussing or stating age. Only users who claim to be (or are suspected to be) under 13 will be banned from the service. If someone says they are under 13, it is your choice to report it or not; if you do report it, CAT will ban them, pending proof of age and/or proof of parental consent.

If someone is streaming and appears to be under 16 without a parent present, CAT may suspend the channel, pending proof of parental consent and age. Streamers under 13 have a special exception, noted [above].

If you’re wondering what “CAT” is, it stands for Community Action Team (AKA moderators) for Mixer. The above is effectively a “Don’t Ask, Don’t Tell” policy. It also means Mixer has no one to actively police the service for underage users, not even its CAT team. It also means that Mixer is aware that persons 12 and under are using Mixer’s services. By making the above statement, it opens Mixer up to auditing by the FTC for COPPA compliance. If you’re considering using Mixer, this platform could also end up in the same boat as YouTube sooner rather than later considering the size of Microsoft as a company.

Basically, Twitch’s Terms of Service are a better written for creator piece of mind.

➡️ “What is ‘burden of proof’?”

When faced with civil legal circumstances, you are either the plaintiff or the defendant. The plaintiff is the party levying the charges against the other party (the defendant). Depending on the type of case, burden of proof must be established by the plaintiff to show that the defendant did (or didn’t) do the act(s) alleged. The type of burden of proof is slightly different when the action is a civil suit versus a criminal suit.

Some cases requires the plaintiff to take on the burden of proof to show the act(s) occurred. But, it’s not that simple for the defendant. The defendant may be required to bring both character witnesses and actual witnesses which may, in fact, establish a form of burden of proof that the acts could not have occurred. Even though burden of proof is not explicitly required of a defendant, that doesn’t mean you won’t need to provide evidence to exonerate yourself. In the case of a civil FTC action, the FTC is the plaintiff and your channel will be the defendant.

The FTC itself can only bring civil actions against another party. The FTC will be required to handle the burden of proof to prove that your channel not only collected the alleged COPPA protected data, but that you have access to and remain in possession of such data.

However the FTC can hand its findings over to the United States Department of Justice which has the authority to file both civil and criminal lawsuits. Depending on where the suit is filed and by whom, you could face either civil penalties or criminal penalties. It is assumed that the FTC will directly file its legal actions against COPPA as civil suits… but that’s just an assumption. The FTC does have the freedom to request the Department of Justice handle the complaint.

One more time, this article is not legal advice. It is simply information. If you need actual legal advice, you are advised to contact an attorney who can understand your specific circumstances and offer you legal advice for your specific circumstances.

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Rant Time: Google doesn’t understand COPPA

Posted in botch, business, california, rant by commorancy on November 24, 2019

kid-tablet.jpgWe all know what Google is, but what is COPPA? COPPA stands for the Children’s Online Privacy Protection Act and is legislation designed to incidentally protect children by protecting their personal data given to web site operators. YouTube has recently made a platform change allegedly around COPPA, but it is entirely misguided. It also shows that Google doesn’t fundamentally understand the COPPA legislation. Let’s explore.

COPPA — What it isn’t

The COPPA body of legislation is intended to protect how and when a child’s personal data may be collected, stored, used and processed by web site operators. It has very specific verbiage describing how and when such data can be collected and used. It is, by its very nature, a data protection and privacy act. It protects the data itself… and, by extension, the protection of that data hopes to protect the child. This Act isn’t intended to protect the child directly and it is misguided to assume that it does. COPPA protects personal private data of children.

By the above, that means that the child is incidentally protected by how their collected data can (or cannot) be used. For the purposes of COPPA, a “child” is defined to be any person under the age of 13. Let’s look at a small portion of the body of this text.

General requirements. It shall be unlawful for any operator of a Web site or online service directed to children, or any operator that has actual knowledge that it is collecting or maintaining personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under this part. Generally, under this part, an operator must:

(a) Provide notice on the Web site or online service of what information it collects from children, how it uses such information, and its disclosure practices for such information (§312.4(b));

(b) Obtain verifiable parental consent prior to any collection, use, and/or disclosure of personal information from children (§312.5);

(c) Provide a reasonable means for a parent to review the personal information collected from a child and to refuse to permit its further use or maintenance (§312.6);

(d) Not condition a child’s participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity (§312.7); and

(e) Establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children (§312.8).

This pretty much sums up the tone for what follows in the body text of this legislation. What it essentially states is all about “data collection” and what you (as a web site operator) must do specifically if you intend to collect specific data from someone under the age of 13… and, more specifically, what data you can and cannot collect.

YouTube and Google’s Misunderstanding of COPPA

YouTube’s parent company is Google. That means that I may essentially interchange “Google” for “YouTube” because both are one-in-the-same company. With that said, let’s understand how Google / YouTube fundamentally does not understand the COPPA body of legislation.

Google has recently rolled out a new feature to its YouTube content creators. It is a checkbox both as a channel wide setting and as an individual video setting. This setting sets a flag whether the video is targeted towards children or not (see image below for this setting’s details). Let’s understand Google’s misunderstanding of COPPA.

COPPA is a data protection act. It is not a child protection act. Sure, it incidentally protects children because of what is allowed to be collected, stored and processed, but make no mistake, it protects collected data directly, not children. With that said, checking a box on a video whether it is appropriate for children has nothing whatever to do with data collection. Let’s understand why.

Google has, many years ago in fact, already implemented a system to prevent “children” (as defined by COPPA) to sign up for and use Google’s platforms. What that means is when someone signs up for a Google account, that person is asked questions to ascertain the person’s age. If that age is identified as under 13, that account is classified by Google as in use by a “child”. Once Google identifies a child, it is then obligated to uphold ALL laws governed by COPPA (and other applicable child privacy laws) … that includes all data collection practices required by COPPA and other applicable laws. It can also then further apply Google related children protections against that account (i.e. to prevent the child from viewing inappropriate content on YouTube). Google would have needed to uphold these data privacy laws since the year 2000, when COPPA was enacted. If Google has failed to protect a child’s collected data or failed to uphold COPPA’s other provisions, then that’s on Google. It is also a situation firmly between Google and the FTC … the governmental body tasked with enforcing the COPPA legislation. Google solely collects the data. Therefore, it is exclusively on Google if that data is used or collected in inappropriate ways, counter to COPPA’s requirements.

YouTube’s newest “not appropriate for children” flag

As of November 2019, YouTube has implemented a new flag for YouTube content creators. The channel-wide setting looks like so:

Screen Shot 2019-11-24 at 2.33.32 AM

This setting, for all intents and purposes, isn’t related to COPPA. COPPA doesn’t care whether video content is targeted towards children. COPPA cares about how data is collected from children and how that data is then used by web sites. COPPA is, as I said above, all about data collection practices, not about whether content is targeted towards children.

Let’s understand that in the visual entertainment area, there are already ratings systems which apply. Systems such as the ESRB ratings system founded in 1994. This system specifically sets ratings for video games depending on the types of content contained within. For TV shows, there is the TV Parental Guidelines which began in 1996 and was proposed between the US Congress, the TV industry and FCC. These guidelines rate TV shows such as TV-Y, TV-14 or TV-MA depending, again, on the content within. This was mandated in 1997 by the US Government due to its stranglehold on TV broadcast licenses. For theatrical films, there’s the MPAA’s movie ratings system which began in 1968. So, it’s not as if there aren’t already effective content ratings systems available. These voluntary systems have been in place for many years already.

For YouTube, marking your channel or video content as “made for kids” has nothing whatever to do with COPPA legislated data collection practices.

YouTube Creators

Here is exactly where we see Google and YouTube’s fundamental misunderstanding of COPPA. COPPA is about the protection and collection of data from children. Google collects, stores and uses this and all data it collects. YouTube creators have very, very limited access to any of this Google-collected data. YouTube creators have no hand in its collection or its use. Google controls all of the data collection on YouTube. With the exception of comments and the list of subscribers of a channel, the majority of the data collected and supplied by Google to the creators is almost exclusively limited to aggregate unpersonalized statistical data. Even then, this data can be inaccurate depending on what the Google account ID stated when they signed up. Still, the limited personal subscriber data it does supply to content creators is limited to the subscriber’s ID only. Google offers its content creators no access to deeper personal data, not even the age of its subscribers.

Further, Google (and pretty much every other web site) relies on truthfulness when people sign up for services. Google does not in any way verify the information given to Google during the signup process or that this information is in any way accurate or truthful. Indeed, Google doesn’t even verify the identity of the person using the account or even require the use of real names. The only time Google does ANY level of identity verification is when using Google Wallet. Even then, it’s only as a result of needing identity verification due to possible credit card fraud issues. Google Wallet is a pointless service that many other payment systems do better, such as Apple Pay, Amazon Checkout and, yes, PayPal. I digress.

With that said, Google is solely responsible for all data collection practices associated with YouTube (and its other properties) including storing, processing and managing of that data. YouTube creators have no control over what YouTube (or Google) chooses to collect, store or disseminate. Indeed, YouTube creators have no control over YouTube’s data collection or storage practices whatsoever.

This new alleged “COPPA mechanism” that YouTube has implemented has nothing whatever to do with data collection practices and everything to do with content which might be targeted towards “children”. Right now, this limited mechanism is pretty much a binary system (a very limited system). The channel either does or it doesn’t target content towards children (either channel as a whole or video by video). It’s entirely unclear what happens when you do or don’t via YouTube, though some creators have had seeming bad luck with their content, which has been manually reviewed by YouTube staff and misclassified as “for children” when the content clearly is not. These manual overrides have even run counter to the global channel settings, which have been set to “No, set this channel as not made for kids.”

Clearly, this new mechanism has nothing to do with data collection and everything to do with classifying which content is suitable for children and which isn’t. This defines a …

Ratings System

Ratings systems in entertainment content are nothing new. TV has had a content rating systems since the mid 90s. Movies have had ratings systems since the late 60s. Video games have had them since the mid 90s. COPPA, on the other hand, has entirely nothing to do with ratings or content. It is legislation that protects children by protecting their data. It’s pretty straightforward what COPPA covers, but one thing it does not cover is whether video content is appropriate to be viewed by children. Indeed, COPPA isn’t a ratings system. It is child data protection legislation.

How YouTube got this law’s interpretation so entirely wrong is anyone’s guess. I can’t even fathom how Google could have been led this astray. Perhaps Google’s very own lawyers are simply inept and not at all versed in COPPA? I have no idea… but whatever led YouTube’s developers to thinking the above mechanism in any way relates to COPPA is entirely wrong thinking. No where does COPPA legislate YouTube video content appropriateness. Categorizing content is entirely up to a ratings system to handle.

Indeed, YouTube is trudging on very thin ice with the FTC. Not only did they interpret the COPPA legislation completely wrong, they have implemented “a fix” even more wrongly. What Google and YouTube has done is shoot themselves in the foot… not once, but twice. The second time is that Google has fully admitted that they don’t even have a functional working ratings system. Indeed, it doesn’t… and now everyone knows it.

Google has now additionally admitted that children under the age of 13 use YouTube by the addition of this “new” mechanism. With this one mechanism, Google has admitted to many things about children using its platform… which means YouTube and Google are both now in the hot seat with regards to COPPA. They must now completely ensure that YouTube (and Google by extension) is fully and solely complying with the letter of COPPA’s verbiage by collecting children’s data.

YouTube Creators Part II

YouTube creators have no control over what Google collects from its users, that’s crystal clear. YouTube creators also don’t have access to view most of this data or access to modify anything related to this data collection system. Only Google has that level of access. Because Google controls its own data collection practices, it is on Google to protect any personal information it may have received by children using its platform.

That also means that content creators should be entirely immune from prosecution over such data collection practices… after all, the creators don’t own or control Google’s data collection systems.

This new YouTube mechanism seems to imply that creators have some level of liability and/or culpability for Google’s collection practices, when creators simply and clearly do not. Even the FTC made a striking statement that they may try to “go after” content creators. I’m not even sure how that’s possible under COPPA. Content creators don’t collect, store or manage data about children, regardless of the content that they create. The only thing content creators control is appropriateness of the content towards children… and that has nothing to do with COPPA and everything to do with a ratings system… a system that Google does not even have in place within YouTube.

Content creators, however, can voluntarily label their content as TV-MA or whatever they deem is appropriate based on the TV Parental Guidelines. After all, YouTube is more like TV than it is like a video game. Therefore, YouTube should offer and have in place the same ratings system as is listed in the TV Parental Guidelines. This recent COPPA-attributed change is actually YouTube’s efforts at enacting a content ratings system, albeit an extremely poor attempt at one. As I said, creators can only specify the age appropriateness of the content that they create. YouTube is simply the platform where it is shown.

FTC going after YouTube Creators?

Google controls its data collections systems, not its content creators (though YouTube does hold leverage over whether content is or remains monetized). What that means is that it makes absolutely no sense for the FTC to legally go after content creators based on violations of COPPA. There may be other legislation they can lean on, but COPPA isn’t it. COPPA also isn’t intended to be a “catch all” piece of legislation to protect children’s behaviors on the Internet. It is intended to protect how data is collected and used by children under 13 years of age… that’s it. COPPA isn’t intended to be used as a “ratings system” for appropriateness by video sharing platforms like YouTube.

I can’t see even one judge accepting, let alone prosecuting such a clear cut case of legal abuse of the justice system. Going after Google for COPPA violations? Sure. They stored and collected that data. Going after the YouTube content creators? No, I don’t think so. They created a video and uploaded it, but that had nothing whatever to do with how Google controls, manages or collects data from children.

If the US Federal Government wants to create law to manage appropriateness of Internet content, then they need to draft it up and pass it. COPPA isn’t intended for that purpose. Voluntary ratings systems have been in place for years including within motion pictures, TV and now video games. So then why is YouTube immune from such rating systems? Indeed, it’s time YouTube was forced to implement a proper ratings system instead of this haphazard binary system under the false guise of COPPA.

Content Creator Advice

If you are a YouTube content creator (or create on any other online platform), you should take advantage of the thumbnail and describe the audience your content targets. The easiest way to do this is to use the same ratings system implemented by the TV Parental Guidance system… such as TV-Y, TV-14 and TV-MA. Placing this information firmly on the thumbnail and also placing it onto the video at the beginning of your video explicitly states towards which age group and audience your content is targeted. By voluntarily rating not only the thumbnail, but also the content itself in the first 5 minutes of the video opening, your video cannot be misconstrued for any other group or audience. This means that even though your video is not intended for children, placing the TV Parental Guidance rating literally onto the video intentionally states that fact in plain sight.

If a YouTube employee manually reclassifies your video as being “for children” even when it isn’t, labeling your content in the video’s opening as TV-MA explicitly states that the program is not suitable for children. You might even create an additional disclaimer as some TV programs do stating:

This content is not suitable for all audiences. Some content may be considered disturbing or controversial. Viewer or parental discretion is advised.

Labeling your video means that even the FTC can’t argue that your video somehow inappropriately targeted children… even though this new YouTube system has nothing to do with COPPA. Be cautious, use common sense and use best practices when creating and uploading videos to YouTube. YouTube isn’t there to protect you, the creator. The site is there to protect YouTube and Google. In this case, this new creator feature is entirely misguided as a COPPA helper, when it is clearly intended to be a ratings system.

Before you go…

One last thing… Google controls everything about the YouTube platform including the “recommended” lists of videos. If, for whatever reason, Google chooses to promote a specific video towards an unintended audience, the YouTube creator has no control over this fact. In point of fact, the content creator has almost no control over any promotion or placement of their video within YouTube. The only exception is if YouTube allows for paid promotion of video content (and they probably do). After all, YouTube is in it for the $$$. If you’re willing to throw some of your money at Google, I’m quite sure they’d be willing to help you out. Short of paying Google for video placement, however, all non-paid placement is entirely at the sole discretion of Google. The YouTube creator has no control over their video’s placement within “recommended” lists or anywhere else on YouTube.

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Should we believe social media influencers?

Posted in advice, Google, scams, youtube by commorancy on May 14, 2019

There are many, many YouTubers (and Instagramers) who claim to profess knowledge of a given topic. By far, a vast majority are in the beauty industry. After all, beauty sells. Unfortunately, while they may be pretty, many have few brain cells in their heads. Let’s explore.

Social Media Sites: YouTube and Instagram

With the advent of social media sites, many young people have rabidly jumped on board to create content for these platforms. Some of these people (dare I say ‘kids’) have chosen to specialize in specific areas, like beauty products. I’ll focus on these ‘influencers’ in this article. Can these (or any) ‘influencers’ be trusted?

The short answer to this question is, no. These are young people (many aged between 18 and 21) who have acquired just enough knowledge to be dangerous. Yet, they in no way should be considered “professional”, let alone “knowledgeable”. I won’t name any names here. Even if I wanted to name names, there are actually far too many of these types of beauty channels to even point out a single one. Suffice it to say, there are many, many far too young beauty advocates on YouTube who may already have money, a palette of makeup and very strong opinions, yet actually have no skill or talent at all. Instead, with their limited talent at applying makeup, they have managed to amass a large following of young followers. Some have gained enough followers that they have been able to get product endorsements, sponsorships, monetization or have been approached to create product lines. Gaining followers is actually what they are good at, not applying the makeup, not creating the hairstyles, not selling makeup brushes.

In fact, many of their ideas can be downright dangerous. What they are actually good at is…

Hawking Products

And… that’s not a reason to celebrate or follow anyone. As these “kids” become “personalities” on screen, what you’re buying into isn’t the their products, but their drama. Watching an 18 year old drag queen apply makeup like a pro may seem enthralling, but the reality is you have no idea how many times that person may have applied it until they got the application just perfect. Maybe they even hired someone to apply it on them pretending as though they applied it. As we all know, “Practice Makes Perfect.” No where is this concept more important than on YouTube. Yet, fakery is everywhere, even in these beauty videos.

YouTube videos make the application of beauty products seem like a breeze. What you aren’t seeing is all of days worth of practice and product testing that the YouTube “personality” (and I use that term very loosely) endured to make that video appear perfect. Even then, give them a few months and they couldn’t even reproduce that look, if they even produced it the first time. Who knows if they even really applied the makeup themselves?

Unfortunately, the goal of being a celebrity is the want of money. In fact, many YouTuber’s goals are to make money from the platform. That’s their #1 goal. It’s not about you, the viewer. It is about you, the consumer funneling money into their channel (and eventually into their products). Whether that money is via clicking advertisements or via Patreon or buying into their sponsored products.

This is why the once “down to earth” YouTuber turns into a flamboyant, loud, arrogant, controversial dramatic personality trying to get you to buy the latest Morphe brush set that you don’t really need. It’s about making THEM money and parting you from yours. It’s not about reality, it’s about sales and fakery.

Drama Advertising

YouTube drama and scandals are quite commonplace in the YouTube beauty arena. On the one hand you have a seeming drag queen who’s boisterous, loud and obnoxious. On the other, you have another large personality who feels they are also entitled. When the two clash, it becomes a huge social media blow up. It ends up all over Twitter, Facebook, Instagram and, yes, YouTube.

The scandal and drama fuels their channels with tons of new subscribers, viewers and brings their brand front and center. Effectively, it’s ‘dramadvertising’. The question is, is whether all of that drama is …

Fake

One of the problems with YouTube is that so much of what you see is fake. With perfect cuts between takes, filters, expensive lighting and cameras and, yes, even the perfect application of makeup, the camera can make someone appear flawless.

With the makeup (or more specifically, fakeup), when you turn the ring lights off and take that person out into natural lighting, not only will the makeup application look like crap, you’ll be able to see very crease, flaw and imperfection in the application. Even then, the makeup is so overbearing, you wouldn’t really want to wear it anyway. With the right lighting and cameras, you can hide just about any imperfection. With the wrong lighting, let’s just say that the personality is an amateur.

Additionally, much of the drama that shows up on YouTube is entirely fake and is staged as a publicity stunt. Just like YouTube celebs sometimes have seeming congenial collabs with one another, they can also script scandals in the same way. It’s so easy for two personalities to meet and agree (to publicly disagree), to make a scene on social media designed to get their channels more viewers, more divisive comments and basically stir the pot. Sometimes stirring the pot is the only way to gain more viewers.

Several large beauty personalities have tried this approach in the recent past. Again, I won’t name names as they don’t deserve to be named on Randocity. I won’t give them the satisfaction of increasing their channel’s membership at the cost of my time spent writing this article. No. If you want to find those scandals from the recent past, you’ll need to head on over to Google and do some searching.

Knowledge, Age and Acting

I’m not going to say there aren’t prodigies in this world. There are. Unfortunately, none of them are on YouTube hawking beauty products. What you see on YouTube is random, usually “pretty” young guys and girls who have gained a following because of their seeming talents. Oh, they have a talent, but it’s not teaching you beauty techniques. Oh, no no. The talent they have is parting you from your money and being a general scam artist.

At 19, I didn’t have enough knowledge enough in any subject to be considered “professional” at anything. These same aged personalities on YouTube are also in this same boat. If they have any knowledge, it’s likely because they paid for it by hiring someone to show it to them, or more likely, do it for them. That’s not knowledge acquisition, that’s acting… and not even very good acting at that.

In fact, anyone on YouTube who has a channel is acting. Some of that acting is, in general, for the betterment of the viewers by showing the viewers something interesting. This should be considered entertainment, not advice.

While I can buy into an actor on stage telling me a story, I can’t buy into an actor behind a camera trying to sell me Morphe brushes. This was tried in the 90s via many, many…

Infomercials

Before YouTube became a thing, infomercials ruled. The talent that might have jumped in front of a camera for YouTube instead did so for Guthy Renker or other similar production companies. These companies have hawked all sorts of garbage throughout the 90s and 00s on late night TV.

These things including psychic readings, beauty products, acne products, hair care products, kitchen gadgets and even money making books. The array of crap advertised on infomercials is as varied as it is endless. Thankfully, infomercials were typically one-and-done. Meaning, only one infomercial was ever produced and when its run finally ran out months (or years later), the product disappeared from the airwaves.

YouTube

With YouTube, we now have a situation where the same crap that was hawked via late night infomercials has moved to YouTube as a daily, biweekly or weekly “show” (again, I use this term loosely). Because many of these personalities produce their own material, the structure of the video is random and chaotic. The one thing that isn’t random is their want for money.

Worse, viewers seem to buy into this random chaos from a random “young” person. It makes them see more “real”. Don’t kid yourself, there’s nothing at all real about a guy dressing up in drag for a camera. That’s a show.

In all likelihood, when that “kid” gets home, the makeup, nails and hair all goes away and they go back to being average kid living with their parents. It’s all for the camera.

This is the fallacy of YouTube. It’s not real. It’s not genuine. It’s not even accurate. It’s fakery and deception at its finest. The “Hi Guys… I appreciate you so, so much” is so disingenuous, it makes me want to gag. I can’t even count the number of times I’ve heard a similar phrase from a YouTuber. It’s all superficial and fake. Many of these kids turned personalities are likely even mentally disturbed. Yet, they can somehow compose themselves enough in front of a camera to appear ‘sane’ and ‘normal’. These are people who are not and should never be role models, let alone ever consider befriending in real life.

Yet, companies like Morphe extend sponsorships to these damaged folks, not because they’re good role models, but because they have 1 million or more YouTube subscribers… in other words, for all of the wrong reasons.

What is your damage?

An age old question, but very applicable to many YouTube personalities. Far too many of them, in fact. I simply do not feel comfortable taking advice from someone I don’t know, let alone from a drag queen whose claim to fame is putting on flawless makeup using a social platform without any formal training. Really? You expect me to believe what you have to say simply because you’re “famous” or because you look like you know what you’re doing? No.

YouTube Fame

Many YouTubers seem to think that being famous on YouTube actually means something. It doesn’t. If you want to be famous, and I mean seriously famous, you train to become an actor and you get hired in a blockbuster a film or highly rated TV series… then put on a performance that wins awards. That’s fame. And, that’s fame for all the “right” reasons… including displaying actual talent.

Being on YouTube because you can run a camera isn’t fame. It isn’t even celebrity. If anything it’s considered being a “minor” celebrity… and that’s being extremely generous. Being on YouTube doesn’t require skill, it only requires a camera, an idea and your opinions. Again, I won’t name any channels because the point of this article isn’t to send you off to a YouTube channel to become a subscriber, it’s to point out the problems with YouTube as a platform… and where YouTube stands today.

It’s called YouTube with a YOU

There’s a ‘YOU’ in the name. Which means, it’s about you. The real you. Not about a sponsor. Not about your cat. Not about makeup. Not about advertising. It’s about YOU. I think the platform has lost its reason why it came to be. When YouTube became about making money and lost actually being about ‘YOU’, then it became yet another lame commercial platform to sell stuff. And, that’s exactly what it’s become. One big advertising platform… from the embedded ads in the videos to the ads served up verbally in the videos by the creators.

In fact, it should probably be renamed ‘AdTube’ as that’s what it has become. It’s not about the ‘YOU’, it’s about the ‘advertising’, making money and selling you, the viewer, something, anything.

I used to go to YouTube to find interesting people doing interesting things. To find funny, amateur videos. Today, it’s about selling you something and making the creator money. When I go into a video and within 1-3 minutes a strategic product placement appears, I click away. Too many videos are now following this format.

With YouTube’s crackdown on monetization, that’s making even the biggest channels less and less money. I’m all for that. If YouTube turned off monetization tomorrow, it wouldn’t make many creators happy, but it would bring the platform back to its roots… the reason the ‘YOU’ in YouTube exists.

YouTube should move the the highly commercial channels into a new network called AdTube. Get them off the YouTube platform and let YouTube go back to its roots. Turn AdTube into the network that allows these highly commercial, highly sponsored, advertising heavy videos (and channels) to operate. YouTube doesn’t need these. In fact, because YouTube has basically degraded so badly, it’s really just a matter of time before the platform ultimately implodes under its own weight and stigma. Google needs to make a choice and they need to make it fast.

Making Choices

We, as consumers, need to wake up and stop following (and buying stuff from) brainless YouTubers who have no skills or talents other than holding a camera. You have a choice to watch or click away. You don’t even have to visit YouTube. Use your own critical thinking and stop watching channels that have 5, 10, 15 ads along with paid sponsorships in the video. That’s not what YouTube is about, that’s what both YouTube and Instagram have become.

You don’t have to watch this drivel. You have choices. Turn it off and spend time doing something creative or with your friends or family. Learn something… like how to draw or paint or play a guitar. Pick up something that you can do and learn to do it. You don’t need to watch someone on YouTube to be creative. In fact, watching YouTube does the opposite of making you creative. It robs you of precious time that you could be learning a skill, craft or how to play music. Spend that time bettering yourself rather than giving your money to someone and wishing you could be like them.

In fact, you don’t want to be like them. They may appear wholesome and friendly on YouTube, but chances are they are far, far different from what they portray themselves to be. As I said, they’re actors putting on a character. It’s not real. It’s not genuine. It’s a character designed to rope you in and have you spend money on them.

Authentic YouTubers

Just to clarify, this article is not intending to rail against every YouTuber. I’m specifically calling out the big 1, 2, 10 and 50 million subscriber channels playing every trick in the book to get you to spend money. And more specifically, this article is aimed squarely at the beauty industry channels. These very large, seemingly successful channels are solely about one thing. Getting you to buy something. Chances are, if you do buy that something, that channel stands to make a hefty cut of the profits and you’re left with a mediocre product you likely can’t return and may not even be able to use.

If you want to buy products, do it at a store. Try the product out and then decide if you want it. Use your OWN judgement to see if it works for you. Don’t believe the hype a beauty channel spouts. Believe what you see in person… at a store.

I’m not at all saying not to watch YouTube or even Instagram with the right frame of mind. Consider all social media channels as strictly entertainment. If it makes you laugh or gives you some other emotional response, great. But, don’t get invested in the channel as if it were real or believable or even an authority. It’s none of that. It’s simply entertainment, plain and simple. In fact, this part applies to ANY YouTube channel. They’re all simply entertainment with fallible and inaccurate information offered in video form, even with the most well meaning of intentions. As the saying goes, “Take it with a grain of salt.” Which ultimately means, disregard the information as inaccurate and only watch as you would pure fictional entertainment. If the video content peaks your interest, go Google the topic and find out more from reputable sources.

From this perspective, YouTube is fine to watch… but don’t invest money into the channel or into products hawked on the channel solely because you feel some kind of responsibility to the channel creator or because you believe what they say. Definitely, no. Simply by watching a YouTube channel does not obligate you to anything. The creator spent time putting together the video, yes. But you have no obligation to give them any money in return for watching their content. It was on them that they created and posted. Don’t let the creator “guilt” you into feeling like you “need” to give them money. You don’t. You also don’t need to buy anything advertised on any channel.

If you do decide to donate to a channel or buy products from them, do it because you sincerely want to do it, not out of some sense of duty (or guilt) because you “watched” their videos. No, YouTube and Instagram and all other social media should be considered strictly entertainment. You don’t need to open your wallet to any social media influencer… and you probably shouldn’t.

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What killed the LaserDisc format?

Posted in collectibles, entertainment, movies, technologies by commorancy on March 1, 2018

Laserdisc-logoThere have been a number of tech documentarian YouTubers who’ve recently posted videos regarding LaserDisc and why it never became popular and what killed it. Some have theorized that VHS had nothing to do with the failure of the LaserDisc format. I contend that LaserDisc didn’t exactly fail, but also didn’t gain much traction.

LaserDisc did have a good run between 1978 and 2002. However, it also wasn’t a resounding success for a number of reasons. While the LaserDisc format sold better in Japan than in the US, it still didn’t get that much traction even in Japan. Though, yes, VHS recorders (among other competitive technologies at the time) did play a big part in LaserDisc’s lackluster consumer acceptance. Let’s explore.

History

While I won’t go into the entire history of the LaserDisc player, let me give a quick synopsis of its history. Let’s start by what it is. LaserDisc (originally named DiscoVision in 1978) began its life as a 12″ optical disc containing analog video and analog audio mca_discovision(smaller sizes would become available later) with discs labeled as MCA DiscoVision. In 1980, Pioneer bought the rights to the LaserDisc technology and dropped the DiscoVision branding in lieu of the LaserDisc and LaserVision brands. It also wouldn’t be until the mid-90s that digital audio and digital video combined would appear on this format. A LaserDisc movie is typically dual sided and would be flipped to watch the second half of a film. They can also be produced single sided. Like VHS had SP and LP speeds that offered less or more recording time, LaserDisc had something similar in terms of content length, but offered no consumer recording capability.

There were two formats of LaserDiscs:

The first format is CAV. CAV stands for constant angular velocity. In short, CAV was a format where the rotational speed remained the same from beginning to end. The benefit for CAV was that it offered solid freeze frames throughout the program. Unlike VHS where freeze frames might be distorted, jump or be noisy, CAV discs offered perfect freeze frames.

It also offered a fast scrubbing speed and slowed play. Later LD players even offered a jog shuttle on the remote to reverse or forward the playback a few frames at a time to as fast as you could spin the wheel. CAV also meant that each frame of video was one rotation of the disc. Keep in mind that NTSC video is interlaced and, therefore, half of the disc ring was one half of the frame and the other half of the disc ring was the other half of the frame. It took a full rotation to create a full NTSC frame.

The NTSC format CAV disc only offered up to 30 minutes per side and a little more for PAL. A 90 minute movie would consume 3 sides or two discs. This was the first format of disc introduced during the DiscoVision days. Early content was all CAV.

The second format is CLV. CLV stands for constant linear velocity. This format reduces the rotational speed as the disc reaches the outer edge. You can even hear the motor slow as the movie progresses playback if you’re close enough to the player. I should point out that LaserDiscs read from the center of the media to the outer edge.

LaserDisc players also read from the bottom side of the disc when put into the player. It’s just the opposite of a vinyl LP that reads from the outside in and from the top. This means that the label on the center of the disc refers to the opposite side of the media. The CLV format offers no freeze frame feature. Because the rotational speed drops as the laser moves across the disc, eventually multiple video frames would be contained in a single rotation. Any attempt to freeze frame the picture would show multiple frames of motion. Not very pretty. The freeze frame feature is disabled on CLV formatted discs.

The NTSC formatted CLV disc offers up to 60 minutes of video per side and a little more for PAL. A 90 minute movie comfortably fits on one disc. After CLV was discovered to hold more content than a CAV LaserDisc, this format is how the majority of movies were sold once the DiscoVision brand disappeared. Note that many movies used CLV on side one and CAV on side two when less than 30 minutes.

The intent for LaserDisc was to sell inexpensive films forLaserVision_logo home consumption. It all started with the Magnavox Magnavision VH-8000 DiscoVision player which went on sale December 15th, 1978. This player released on this day along with several day one release movies on LaserDisc. The format, at the time, was then called DiscoVision. Because 1978 was basically the height of the disco music era, it made sense why it ended up called DiscoVision. Obviously, this naming couldn’t last when the disco music era closed.

Early Player Reliability

The first players used a visible red laser consisting of a helium-neon laser. The light output looks similar to a red laser pointer. These LD players had pop up lids. This meant you could pop the lid open while the disc was playing, lift the disc and see the red laser in action. The problem with these first players was with the helium-neon laser unit. In short, they became incredibly hot making the unit unreliable. I personally owned one of these open lid style players from Philips and can assert from personal experience that these players were lemons. If they lasted 6 months worth of use, you could count yourself lucky. At the time, when your player was broken, you had to take your player to an authorized service center to get it repaired.

These repair centers were factory authorized, but not run by Philips. Repairs could take weeks requiring constant phone calls to the repair center to get status. The repair centers always seemed overwhelmed with repairs. It just wasn’t worth the hassle of taking the unit in to be repaired once every 6 months, paying for each repair after the warranty ran out. This would have been about 1982 or so. I quickly replaced this player for a new one. I’d already invested in too many LaserDiscs to lose all of the discs that I had.

In 1983-1984 or thereabouts, the optical audio Compact Disc was introduced. These players offered solid-state non-visible lasers to read the CD optical media. As a result of the technology used to read the CD, LaserDisc players heavily benefited from this technology advance. Pioneer, the leading LaserDisc player brand at the time, jumped immediately on board with replacing the red visible laser with very similar solid state lasers being used in CD players.

Once the new laser eye was introduced, reliability increased dramatically. Players became more compact, ran cooler and became more full featured. Instead of being able to play only LaserDiscs, they could now also play CDs of all sizes. This helped push LaserDisc players into the home at a time when LaserDisc needed that kick in the pants. Though, adoption was still very slow.

1984

The year 1984 would be the year of VHS. This is the year when video rental stores would become commonplace. During this time, I helped start up a video rental department for a brand new record store. It was a time when record stores were expanding into video rentals. I don’t know how many VHS tapes I inventoried for the new store. One thing was certain. We did not rent anything other than VHS tapes. No Betamax, no LaserDisc and no CED rentals. We didn’t even stock LaserDiscs or CEDs for sale in this store location. In fact, the chain of record stores where I worked would eventually become Blockbuster and would adopt the same logo color scheme as the record store chain used. But, that wouldn’t be for a few more years.

VHS was on the verge of and would soon become the defacto format for movie rentals. Why not LaserDisc? Not enough saturation in combination with LaserDisc having the same problem that pretty much all optical media has. It’s easily scratched. Because the LaserDisc surface is handled directly by hands (it has no caddy), this means that the wear and tear on a LaserDisc meant eventually replacing the disc by the rental store. This compared to VHS tape that, so long as the tape remained intact, it could be rented over and over even if there was the occasional drop out from being played too much.

LaserDisc fared far worse on this front. Because there was no easy way to remove the scratches from a disc, once a disc was scratched it meant replacement. Even if the disc was minimally scratched, it could still be unplayable in some players, particularly the red visible laser kind. These older models were not at all tolerant of scratches.

Media Costs

While VHS tape movies cost $40 or $50 or even upwards to $70, LaserDisc movies cost $25 to $30 on average. The cost savings to buy a movie on LaserDisc was fairly substantial. However, you had to get past the sticker shock of the $800-900 you’re required to invest into Pioneer to get a CLD-900 player. This at the time when VHS recorders were $600 or thereabouts. However, VHS recorder prices would continue to drop to about $250 by 1987 (just 3 years later).

LaserDisc player prices never dropped much and always hovered around the $600-$800 price when new. They were expensive. Pioneer was particularly proud of their LaserDisc players and always charged a premium. You could find used players for lower prices, though. Because Pioneer was (ahem) the pioneer in LD equipment at that time, buying into Magnavox or other LD equipment brands meant problems down the road. If you wanted a mostly trouble free LD experience, you bought Pioneer.

Competitors

I would be remiss at not mentioning the CED disc format that showed up on the scene heavily around 1984, even though it was introduced in 1981. CED stands for Capacitance Electronic Disc. It was a then alternative format video media disc conceived in the 1960s by RCA. Unfortunately, the CED project remain stalled for 17 years in development hell at RCA.

CED uses a stylus like an LP and the disc is made of vinyl also like an LP, except you can’t handle it with your hands. This media type is housed in a caddy. To play these discs, you had to purchase a CED player and buy CED media. To play the disc, you would insert the disc caddy into the slot on the front of the unit and then pull it back out. The machine grabbed the disk out of the caddy on insertion. As soon as the caddy is removed, the disc is begins to play. The door to the caddy slot locks when the disc was in motion. Once the mechanism stops moving, the door unlocks and you can insert the caddy, then remove the disc.

Because the CED is read by a stylus, it had its own fair share of problems, not the least of which was skipping and low video quality. LaserDisc was the consumer product leader in image quality all throughout the 80s and 90s until DVD arrived. However, that didn’t stop CED from taking a bite out of the LaserDisc videodisc market. The CED format only served to dilute the idea of the videodisc and confuse consumers on which format to buy. This was, in fact, the worst of all situations for LaserDisc at a time when VHS rentals were appearing at practically any store that could devote space to set up a rental section. Even grocery stores were jumping on board to get a piece of the VHS rental action.

VHS versus LaserDisc rentals

As a result of VHS rentals, which could be found practically everywhere by 1986, renting LaserDiscs (or even CEDs) was always a challenge. Not only was it difficult to find stores to rent a LaserDisc, when you did find them, the selection was less than stellar. In fact, because VHS rentals became so huge during this time, LaserDisc pressings couldn’t compete and started falling behind the VHS releases. VHS became the format released first, then LaserDiscs would appear a short time later. This meant that if you wanted to rent the latest movie, you pretty much had to own a VHS player. If you wanted to watch the movie in higher quality, you had to wait for the LaserDisc version. Even then, you’d have to buy it rather than renting. Renting of LaserDiscs was not only rare to find, but eventually disappeared altogether leaving purchasing a LaserDisc the only option, or you rented a VHS tape.

If you weren’t into rentals and wanted to own a film, then LaserDisc was the overall better way to go. Not only were the discs less expensive, the video and audio would remain the highest home consumer quality until S-VHS arrived. Unfortunately, S-VHS had its own problems with adoption even worse than LaserDisc and this format would fail to be adopted by the general home consumer market. LaserDisc continued to dominate the videophile market for its better picture and eventually digital sound until 1997 when the DVD arrived.

Time Was Not Kind

As time progressed into the late 80s, it would become more difficult to find not only LaserDisc players to buy, but also LaserDiscs. Stores that once carried the discs would begin to clearance them out and no longer carry them. Some electronics stores just outright closed and those outlets to buy players were lost. By the 90s, the only reasonable place to purchase LaserDiscs was via mail order.

There were simply no local electronics stores in my area that carried movie discs any longer. Perhaps you could find them in NYC, but not in Houston. Because they were 12″ in size, this meant a lot of real estate was needed to store and display LaserDiscs. Other than record stores, few stores would want to continue to invest store real estate into this lackluster format, especially when VHS is booming. In a lot of ways, LaserDisc packaging looked like LP records, only with movie posters on the front. This packaging was not likely helpful to the LaserDisc. Because they were packaged almost identically to an LP, including being shrink wrapped (and using white inner sleeves), these discs could easily be confused with LP records when walking by a display of them.

Marketing was a major problem for LaserVision. While there was a kind of consortium of hardware producers that included Pioneer, Philips and Magnavox, there was no real marketing strategy to sell the LaserDisc format to the consumer. Because of this, LaserDisc fell into the niche market of videophiles. Basically, it was a small word of mouth community. This was a time before the Internet. Videophiles were some of the first folks to have a small home theater and they demanded the best video and audio experience, and were willing to shell out cash for it. Unfortunately, this market was quite a small segment. Few people were willing to jump through all of the necessary hoops just to buy an LD player, then mail order a bunch of discs. Yet, the videophiles kept buying just enough to keep this market alive.

Laser Rot

In addition to the hassles of bad marketing, the discs ended up with a bad reputation for a severe manufacturing defect. Even some commercially pressed CDs ended up succumbing to this same fate. The problem is known as laser rot. Laser rot is when the various layers that make up a LaserDisc were sealed improperly or used non-archival adhesives during manufacture. These layers later oxidize causing pitting on the sandwiched metal surface. This oxidation pitting causes the original content pits to be lost over time ending up with snow both in audio and in video. The audio usually goes first, then the video.

Laser rot even appeared early on the earliest pressed DiscoVision media, we just wouldn’t find out until much later. This indicated that the faulty manufacturing process began when the format was born. Laser rot caused a lot of fans of the format a lot of grief when the format least needed such a pothole. This problem should have been addressed rapidly once found, but there were many discs that continued to be improperly manufactured even into the 90s after the problem was found. The defective manufacturing process was something the LaserVision consortium failed to address, which tarnished (ahem) the reputation of the LaserVision brand.

For the videophiles who had invested heavily in this format, nothing was worse than playing a disc that you know worked fine a few months ago only to find it now unplayable. It was not only disheartening, but it gave fans of the format pause to consider any future purchases.

Losing Steam

Not only were the average consumers turned off by the high prices of the players, consumers also didn’t see the benefit of owning a LaserDisc player because of its lack of recording capabilities and its lack of readily available rentals. Some videophiles and LaserDisc format advocates lost interest when they attempted to play a 3 year old disc only to find that it was unplayable. At this point, only true die-hards stayed with LaserDisc format even among the mounting disc problems and lack of marketing push.

The manufacturers never stepped up to offer replacement discs for laser rot, which they should have. The LaserVision consortium did nothing to entice new consumers into the format nor did they attempt to fix the manufacturing defect leading to laser rot. The only thing the manufacturers did is continue to churn out upgraded LaserDisc player models usually adding things that didn’t help LaserDisc format directly. Instead, they would add compatibility for media like CDV or 3″ CD formats or CD text. Features that did nothing to help LaserDisc, but were only added to help entice audiophiles into adding a LaserDisc player into their component audio system. This ploy didn’t work. Why? Because audiophiles were more interested in music selection over compatibility with video formats. What sold were the carousel CD players that would eventually hold up to 400 CDs. Though, the 5 CD changers were also wildly popular at the time.

Instead of investing the time and effort into making LaserDisc a better format, the manufacturers spent time adding unnecessary features to their players (and charging more money for them). Granted, the one feature that was added that was desperately needed was digital audio soundtracks. These would be the precursor to DVD. However, while they did add digital audio to LaserDisc by the early 90s, the video was firmly still analog. However, even digital audio on the LaserDisc didn’t kick sales up in any substantial way. This was primarily because 5.1 and 7.1 sound systems were still a ways off from becoming mainstream.

The 90s and 00s

While LaserDisc did continue through most of the 90s as the format that still produced the best NTSC picture quality and digital sound for some films, that wouldn’t last once the all digital DVD arrived in 1997. Once the DVD format arrived, LaserDisc’s days were numbered as a useful movie format. Though LaserDisc did survive into the early noughties, the last movie released in the US is ironically named End of Days with Arnold Schwarzenegger, released in 2002. It truly was the end of days for LaserDisc. Though, apparently LaserDiscs continued to be pressed in Japan and possibly for industrial use for some time after this date.

Failure to Market

The primary reason LaserDisc didn’t get the entrenched market share that it expected was primarily poor marketing. As the product never had a clearly defined reason to exist or at least one that consumers could understand, it was never readily adopted. Then VHS came along giving even less reason to adopt the format.

Most consumers had no need for the quality provided by a LaserDisc. In fact, it was plainly obvious that VHS quality was entirely sufficient to watch a movie. I’d say that this ideal still holds true today. Even though there are 4K TVs and UltraHD 4K films being sold on disc, DVDs are still the most common format for purchase and rental. A format first released in 1997. Even Redbox hasn’t yet adopted rentals of UltraHD 4K Blu-ray discs. Though Redbox does rent 1080p Blu-ray discs, they still warn you that you’re renting a Blu-ray. It’s clear, the 480p DVD is going to die a very slow death. It also says that consumers really don’t care about a high quality picture. Instead, they just want to watch the film. Considering that DVD quality is only slightly better than a LaserDisc at a time when UltraHD 4K is available, that shows that most consumers don’t care about picture quality.

This is the key piece of information that the LaserVision consortium failed to understand in the early 80s. The video quality coming out of a LaserDisc was its only real selling point. That didn’t matter to most consumers. Having to run all over town to find the discs, deal with laser rot, having to flip the discs in the middle of the film and lack of video titles available (compared to VHS), these were not worth the hassle by most consumers. It’s far simpler to run out and buy a VHS tape recorder and rent movies from one of many different rental stores, some open very late. Keep in mind that VHS rentals were far less expensive than buying a LaserDisc.

In many cases, parents found an alternative babysitter in the VHS player. With LaserDisc and rough handling by kids, parents would end up purchasing replacement discs a whole lot more frequently than a VHS tape. Scratched discs happen simply by setting them down on a coffee table. With VHS, they’re pretty rugged. Even a kid handling a VHS tape isn’t likely to damage either the tape or the unit. Though, shoving food into the VHS slot wasn’t unheard of by the children of some parents. Parents could buy (or rent) a kids flick and the kids would be entertained for hours.

VHS tape recorder

Here is what a lot of people claim to be the reason for the death of the LaserDisc. Though, LaserDisc never really died… at least, not until 2002. The one reason most commonly cited was that the LaserDisc couldn’t record. No, you could not record onto a LaserDisc. It had no recordable media version available nor was there a recorder available. However, this perception was due to failure of marketing. LaserDisc wasn’t intended to be a recorder. It was intended to provide movies at reasonable prices. However, it failed to take into consideration the rental market… a market that wasn’t in existence in 1978, but soon appeared once VHS took off. It was a market that LaserDisc manufacturers couldn’t foresee and had no Plan-B ready to combat this turn of events.

However, there was no reason why you couldn’t own both a VHS recorder and a LaserDisc player. Some people did. Though together, these two units were fairly costly. Since most households only needed (and could only afford) one video type player, the VHS tape recorder won out. It not only had the huge rental infrastructure for movies, it was also capable of time shifting over the air programming. This multi-function capability of the VHS recorder lead many people to the stores to buy one. So, yes, not being able to record did hurt the LaserDisc image, but it wasn’t the reason for its death.

Stores and Availability

Around 1984-1986, VHS tape recorders were widely available from a vast array of retailers including discount stores like Target, Kmart and Sears. You could also find VHS recorders at Radio Shack and Federated and in the electronics section of Service Merchandise, JC Penney, Montgomery Wards, Foley’s and many other specialty and department stores.

You could also buy VHS units from mail order houses like J&R Music World who wrote in 1985, “We occasionally advertise a barebones model at $169… But prices have fallen significantly–15 percent in the past six months alone–and now a wide selection sells for $200 to $400.”. That’s a far cry from the $600-900 that a LaserDisc player may cost. Not only were VHS recorders and players available practically at every major department store, stores typically carried several models from which to choose. This meant you had a wide selection of VHS recorders at differing price points. While in the very early 80s VHS recorders were around $1000, the prices for VHS recorders had substantially dropped by 1985 helping fuel not only market saturation for VHS, but also the rental market.

Unlike VHS, LaserDisc never received much market traction because the LD players failed on two primary fronts:

1. They were way too pricey. The prices needed to drastically drop just like VHS machines. Instead of hovering at around the $600 mark, they needed to drop to the $150-$200 range. They never did.

2. They were difficult to find in stores. While VHS machines were available practically everywhere, even drug stores, LaserDisc players could only be found in specialty electronics stores. They could be found in the likes of Federated, Pacific Stereo and other local higher end component based electronics stores. Typically, you’d find them at stores that carried turntables, speakers and audio amplifier / receivers. While Sears may have carried Magnavox LD players for a short time, they quickly got out of that business and moved towards VHS recorders.

Because the manufacturers of LD players failed to get the players into the discount stores and they failed to price the players down to compete with those the $200-$400 VHS units, LaserDisc could gain little mass consumer traction. On top of this, the confusion over CED and LaserDisc (and even VHS) left those who were interested in disc based video in a quandary. Which to choose? CED or LaserDisc? Because CED discs and players were slightly less expensive (and inferior quality) than LaserDisc, many who might have bought LaserDisc bought into CED. This reduced LaserDisc saturation even further.

It wasn’t the videophiles who were buying into CED either. It was consumers who wanted disc media, but who also didn’t want to pay LaserDisc prices. Though, the mass consumer market went almost lock-stock-and-barrel to VHS because of what VHS offered (lower price, better selection of movies, rentals everywhere and recording capabilities).

Why Did LaserDisc Fail?

LaserDisc’s failure to gain traction was a combination of market factors including lack of marketing, poor quality media, high hardware prices, unreliable players, CED confusion, and the VHS rental market, but this was just the beginning of its downfall. At the tail end, even though LaserDisc did attempt a high definition analog format through Japan’s Hi-Vision spec using MUSE encoding, even that couldn’t withstand the birth of the DVD.

If the LaserVision consortium had had more vision to continue to innovate in the LaserDisc video space rather than trying to make a LaserDisc player an audio component, the format would have ultimately sold better. How much better? No one really knows. If the consortium had embraced MPEG and made a move towards an all digital format in the 90s, this change might have solidified LaserDisc as a comeback format which could have supported 1080p HDTV. Though there was a digital LaserDisc format called CDV and also Japan’s Hi-Vision HD format, these never gained any traction because the LaserVision consortium failed to embrace them. Hi-Vision was never properly introduced into the US or Europe and remained primarily a Japanese innovation sold primarily in Japan.

Instead, the introduction of DVD is pretty much solidified the death of what was left of LaserDisc as a useful movie storage, rental and playback medium. Though, the LaserDisc media releases would continue to limp along until 2002 with the last LaserDisc player models released sometime in 2009.

What would kill the LaserDisc format? LaserDisc would ultimately die because of 1080p 16:9 flat screen HDTVs, which the LaserDisc format didn’t properly support (other than composite low res or the short lived Hi-Vision format which was problematic). Ultimately, no one wants to watch 480i 4:3 ratio pan-and-scan analog movies via composite inputs on a brand new 16:9 1080p widescreen TV. Yes, some anamorphic widescreen films came to exist on LaserDisc, but that still utilized a 480i resolution which further degraded the picture by widening the image. Of course, you can still find LaserDisc players and discs for purchase if you really want them.

If you agree or disagree, please leave a comment below. To avoid missing any future Randocity articles, please press the Follow button in the upper right corner of the screen.

Rant Time: YouTube, Copyrights and Content ID

Posted in botch, business, Google, youtube by commorancy on May 16, 2017

Unless you’ve been living in a cave, you probably know what YouTube is. It is a video sharing platform that allows anyone to post video content onto the Internet. YouTube offers the likes of travel videos, personal vlogs, how to guides, DIY projects, music to all types of random content. However, Hollywood has forced Google to employ more and more heavy handed techniques to video uploads to (ahem) protect big Hollywood copyright content. This system is severely flawed. Let’s explore.

YouTube Channel ownership

While it’s fun to run around on YouTube looking for all kinds of weird content, let’s look at what it’s like to be a channel owner and all the fun we’re not having. While I do like writing blog articles, I also have a gaming channel on YouTube. So, I have personal experience with this issue. I like to play games on my consoles and upload recorded game content to YouTube for others to share in my fun.

As a channel owner, you really don’t get many tools other than a content uploader and metadata tools to tweak a video’s description, tags, monetization settings, language, etc. As a channel owner, YouTube offers no tools to the owner to validate that your content is, in fact, your content. Meaning, for example, you might have taken a video of a day at the beach with wave sounds in the background. Then, you’ve uploaded it. Or, you’re playing Grand Theft Auto and you record your session (minus any copyrighted audio to not trigger YouTube’s audio content detection system) and upload. Here’s where things start to fall apart.

YouTube Content ID and content ownership

Besides being a channel owner or a viewer, there is also a third lesser known management meta user. This interface is intended to be used by Hollywood and the music industry. It was designed for the likes of EMI, Sony and other large music and movie conglomerate content creators (mostly by legal threats to Google). This system allows those content creators to submit their content to YouTube into the Content ID system. What is Content ID?

Content ID is a way for YouTube’s automated system to match a channel owner’s content against a copyright owner’s uploaded reference content. Seems like a legitimate thing. I mean, it allows artist’s representatives to make sure their content isn’t being placed onto YouTube unauthorized. Where’s the problem then?

YouTube is the problem

Here’s the rant. The problem is that ANYONE can create a meta content management account and begin uploading any content they wish against YouTube’s content ID matching system. YouTube requires no verification by any alleged content creator. They create a content meta account, get approved (which is apparently relatively easy), upload random content and begin matching against videos on people’s channels. In fact, I’ve even seen content management accounts grab original videos from other people’s channels, download them from YouTube, upload them into the content ID matching system and claim ownership over material that they stole from the original owner. Yes, you can even upload content you downloaded from another YouTube channel and claim ownership of that content in your channel… though, that’s called copyright infringement.

YouTube has taken its somewhat usable platform and turned it into a joke. YouTube is a disaster if you actually expect YouTube to help you protect your own original copyrighted content. Yes, it does allow someone to download a video you own, upload it and then claim ownership of it.

Let’s keep going. What happens when content ID matches a video uploaded through the meta content management account against a channel? YouTube does several things:

  1. It flags the video on the first channel owner as copyrighted content matched against another channel. Basically, the system tells one channel that another channel has claimed ownership over that content even if the claim is false (we’ll come back to false claims).
  2. It allows the alleged ownership claimant to monetize the video (even if they do not own the content).
  3. It allows the first channel owner to dispute the copyright claim, remove the video or leave it up (depending on how the content ID matcher is used).
  4. If the content owner claims exclusive content claims on the content, the content on the first channel can be taken down or deleted.

Disputes

Here’s where the entire system falls apart. While YouTube can match content fairly rapidly, filing a dispute can take days, weeks or sometimes months to resolve. All the while the content is in dispute, YouTube allows the claimant access to monetization over the content in question. Here’s the bigger rub (as if monetizing content you don’t own isn’t big enough).

False claimants are never at all verified by Google. YouTube’s content ID matching system assumes fair play by those approved to use it. That is, people who create meta content accounts are on their honor to upload content that they actually own. In fact, this isn’t happening. While legitimate usage of this system is happening by big content providers, many lesser channels have learned to game the system to claim ownership over content they don’t rightfully own and don’t have the rights to monetize. This is especially true for channels outside the US (i.e. Russia and Vietnam) where copyright rules don’t apply in the same way as in the US. This ridiculous YouTube help article which discusses setting up a meta content account states:

“Content ID acceptance is based on an evaluation of each applicant’s actual need for the tools. Applicants must be able to provide evidence of the copyrighted content for which they control exclusive rights.”

Yeah riiiiiight. Content evidence of what exactly? Copyrights, especially on YouTube are nebulous at best. What are you expected to show, the camera it was created on? How does that prove anything? There’s no way to know that any particular video was produced on any particular camera. YouTube doesn’t show camera EXIF information in the video’s metadata.

Copyright Basics

US Copyright law states that as soon as a work is created, you are automatically the owner of it and possess all worldwide copyright ownership to this work in perpetuity. This is considered an implicit copyright. You don’t have to do anything other than create the work to own it. This assumes some basics like, it must produced entirely by you on your own equipment and on your own time. However, some countries, like China, don’t recognize implicit copyrights at all. Instead, to protect your copyrights in the countries that don’t recognize implicit copyrights, you are required to fill out forms, possibly pay a fee and likely submit your work as evidence. Only then will your work be explicitly acknowledged by the government to exist and that you own that work.

For example, when you’re using your own personal phone to take video of you playing games at an arcade, this work is now considered fully owned by you under US Copyright Law. The moment the video (and audio) is created, it’s yours. On the other hand, if you are hired as an employee of a production company, and that company owns the equipment and they have hired a camera crew to follow you around watching you play games, you won’t own that video content because the production company paid to create it. Of course, there are pesky things like contracts that can explicitly authorize or deny ownership of copyrights to any party involved in a production. So, if your content is created under a contract, you should read your ownership rights carefully. Just because you were involved in a production, doesn’t necessarily mean you have any copyrights to that material.

Evidence of Copyright Ownership?

In this day and age of immediate gratification, YouTube content owners rely on implicit copyright ownership protections to allow their channels to exist. That is, as soon as the content is created and edited (implicit copyright ownership), it’s uploaded to YouTube.

In the case of copyrights, how can anyone sufficiently provide ‘evidence’  over any content? What kind of evidence does YouTube expect to see? The camera it was shot on? The recording studio that it was recorded at? A bill of sale? Seriously, how can you possibly provide ‘evidence’ of ownership for copyrights?

The only way to provide even the smallest amount of evidence is to submit your work to the U.S. Copyright Office for registry. Let’s understand why this is not exactly feasible for most YouTube content. At the moment of this article…

  • It costs $35 to register a single work (one poem, one video, one work of art).
  • It costs $55 to submit multiple works together (a collection of poems, videos or songs).
  • Who knows how long it will take the copyright office to actually register them so that you have ‘proof’.

Sure, while you could do this to, ahem, protect your works, it’s expensive and what exactly does it do for you? The Government won’t stand up on your behalf. The copyright office is merely a registry, not a legal team. They won’t help you protect your content, that’s your responsibility to find a lawyer. It’s also not like Google will get involved in copyright disputes either. For the prices listed above, that would cost $35 for every single video you upload to YouTube and that only registers your work in the US, not necessarily in other countries. It doesn’t give you any specific legal protections other than someone can go look it up, like Google. You may be required to register your content in many different countries to protect your rights in those locales. You’re also responsible for hiring a lawyer to protect your content (regardless of whether it’s registered).

Google and Copyright Disputes

Google outright states they do not get involved in copyright disputes. Yet, by providing a content ID system, content matching and marking videos in YouTube as being claimed by another channel, this absolutely, most definitely is the very definition of getting involved.

If you don’t get involved in copyright disputes, you don’t create controls to help manage disputes. Meaning, it’s entirely disingenuous to create a copyright dispute system and then when someone disputes a claim (that your system sent us notification) state that you don’t get involved. You can’t claim that. You already ARE involved by providing the notification system.

Worse, once you begin the dispute process, Google’s YouTube team doesn’t care. They don’t actually attempt to review the content, the owners or anything related to the dispute at all. They just let the two parties fight it out even if the content isn’t owned by either of them.

Content ID System is Half-Assed Designed + False Claims

Google’s YouTube team got this content system just far enough to make Hollywood and the music industry happy because they can kill content on channels matching their own content catalog. Yet, Google never brought it far enough to actually prevent scammers from abusing it. Instead, Google lets random scammer channel owners run roughshod all over YouTube’s other channels without any consequences. I’ve seen scammer channels claim false copyrights over multiple legitimate channels (even my own) using content that they clearly do not hold copyrights over and yet those channels STILL exist on YouTube. Google does nothing about this. Why was this channel not closed? Clearly, these scammer channels have willfully violated copyright laws using YouTube’s woefully under designed crap of a content detection system to facilitate these false claim(s).

Claiming false copyright ownership over content is, in fact, copyright infringement and very much against copyright law. However, because most of these scammers are outside of the US, Google won’t do anything… not even close the scammer’s channel. Though, sometimes Google will close the legitimate channel and leave the scammer operating. That false claimant had to copy and upload that content to YouTube’s matching system which, in itself, is a violation of copyright laws. This means that Google’s content ID system facilitates false copyright claims and makes Google an accessory to copyright infringement. Google allowed the copyright infringement to take place and allowed the fraudulent claimant’s channel(s) to profit off of that infringement. This is a legal situation just waiting to happen.

Google, fix your shit. YouTube is quickly becoming an unusable mess of a video sharing platform and is now just one big lawsuit waiting to happen against Google. A lawsuit against Google for not only being an accessory to copyright infringement, but providing a service that actually enables copyright infringement in a system that’s supposed to prevent it. Ironic. Such a lawsuit, if won, might ultimately be the end of YouTube.

If you’re an IP lawyer reading this and you would to have a discussion about this situation, please leave me a note on the Randosity About Page.

School bullying takes on new life on Internet

Posted in Health, peer pressure by commorancy on October 4, 2010

School bullying and peer pressure is something that each of us has to endure at some point in our lives. When attending grade school, we quickly learn about bullies and peer pressure. This life lesson happens very quickly. Perhaps even as early as kindergarten when another kid pushes you down because you wouldn’t give them the purple crayon. Whatever the reason, it starts early and only gets more and more problematic over the years.

By Middle and High School, these bullying tactics go from wanting your crayon to making the student feel like an outsider. Peer pressure comes in many forms, though. From the person who taunts merely to give the bully pleasure over someone else’s pain to the bully who uses others to get their schoolwork done or get money.  The pressure might even force you into trying drugs or smoking.  Whatever the reason, it is very hard and emotionally painful on the student being pressured.

Internet bullying

With the advent of Facebook, MySpace, YouTube and Twitter, it’s now easier than ever for students to broadcast themselves on the Internet for all to see. The danger, of course, is that by participating in such public web sites, each person can easily make themselves into a local celebrity unintentionally. Worse, your ‘friends’ are also on these sites and subscribe and comment on your personal statuses and posts.

Unfortunately, these very public outlets are both used and abused by student bullies. So, hanging the laundry out for everyone to see invites other people around you to comment. Not all comments are nice. Some even take the form of using bullying tactics to make the other person feel unwanted.

Teen Suicides

In the last few weeks, there has been 5 to 6 publicized teen suicides that are apparently directly attributed to Internet bullying. That said, these seem to have begun with local school bullies using the Internet to harass and humiliate these students. Students still in the teen years don’t yet have enough life experience to understand that the bullying isn’t the end-all-be-all of their existence. There is more to life than school and classmates. In fact, once you get past school, it’s likely you’ll never see most of those people ever again.

College, unfortunately, does present itself with peer pressure as well, but not always the same as high school. It can present in the form of Greek hazings, school clubs and other forms of social interaction situations. As a student in College, I had chosen not to become involved in any of these organizations because I wanted to concentrate my efforts on my studies.

Unfortunately, there are still other situations that can become an issue. The dorms. Many Colleges and Universities require you to live in the dorms for at least one or two years (depending on school policy). When you are forced to live in the dorms, you may also be forced to room with someone.

College Life, Dorms and Roommates

Unfortunately, when you’re forced to room with someone, you have to take the good with the bad. In my college dorm life, I’ve had several different roommates. One would go out drinking the entire night and come back smelling up the entire room of sickening alcohol breath. He would do this nearly every night. I was literally getting sick from the smell, I had to leave the room to get fresh air. I asked for a new roommate as I couldn’t sleep with that going on. The next roommate was a severe asthmatic who required breathing treatments every night using a loud machine.  The treatments lasted anywhere between 30 minutes to 1 hour.  I didn’t mind that he needed the treatments, I minded when he chose to do the treatments. He preferred to do this after 10PM and sometimes after midnight. That lasted about a semester.  I moved into a dorm without a roommate.  Unfortunately, even that situation wasn’t perfect as I had a suite-mate (we shared the bathroom).  In this situation, he was incessantly complaining about the bathroom.  After this, I moved into an apartment with another roommate and then later without one.

As a side note, if you sign a lease with a roommate (for whatever reason), be very careful.  If the roommate leaves and stops paying the rent, you are liable for the entire rent for the rest of the lease and all the utilities in your name.  So, be careful that you trust your roommate fully.  Also, sign small leases (6 months or less) and ask for an easy out should a roommate stop paying.  With cell phones, it’s easy to keep phone service separate now.  However, utilities like cable TV, internet service, water, gas and electricity can bite you.

Another side of this, with roommates, I would regularly find my stuff missing. Supplies and other items would inexplicably walk off. This would include pens, paper, books, CDs and personal items. I never knew exactly who was responsible, but I knew my roommate had let someone into the room. This is also part of college life. So, don’t bring valuables into a room with a roommate unless you really don’t treasure your belongings. Also, roommates do finger through everything you own, so be ready for this.  Finally, don’t allow your roommate to borrow or lend out your items to others.  You will never get them back.

Anyway, this basically means, you have no privacy in a dorm and roommate situation. This is also where bullying can start.

Social Clubs and Parties

In college, participating in the Greek system may seem to make you fit in, but it opens you up to social problems. Not only does it open you up to more peer pressure, it opens you up to hazing, Greek parties, binge drinking and other college party games. Greek parties are some of the strongest alcohol pressure zones you will ever find in college life. They can also become some of the most outlandish parties.

As a young person just having been turned loose in College, it’s easy to lose sight of what’s important and why you are there. After all, this is the first real taste of freedom most kids have in the world. Unfortunately, that freedom is just an illusion. No, you aren’t policed by the university to make classes. So, it is left up to you to get your butt out of bed and make it to class on time. It is also left up to you to get your school work completed. If you don’t do this, you can’t make the grade and you may be kicked out.  So, focus on the schoolwork and push everything else aside.

Schools choose to ignore bullying and peer pressure

Unfortunately, both high school and colleges are no better peer pressure situations. In fact, most schools look the other way and pretend it doesn’t exist. Bullying happens primarily because there’s something different that someone doesn’t like. Whether that’s because of the color of their skin, their religion, the classes being taken, their sexual orientation, the clothes they wear, the car they drive, the friends they have, the beliefs they hold, the music they like or whatever, it all begins with intolerance and hate.

This intolerance is usually passed along to their kids by parents. Kids learn what’s in their environment and expand on that as they grow. If parents have predjudice, these get passed onto their kids. The kids foster this all throughout school and lives which turns the kid either into a bully or the one being bullied.

Unfortunately, no matter the cause of bullying, intolerance and hate, schools ignore it. They don’t want to know it exists and they, instead, solely focus on the school as a money-making venture. In other words, schools really don’t take an interest in their student body’s health and welfare beyond simple measures (i.e. a school doctor). Schools ignore the bullying, hate and intolerance usually because those being bullied don’t say anything to anyone. Of course, when they do say something, the school may not do anything anyway. Schools tend to prefer status-quo over getting involved. Getting involved can also expose the school to legal issues and they prefer just to stay ignorant for their own legal betterment and financial gain. Also, if the school kicks out any student, that means they’ve lost the revenue from that student. So, there is a negative financial incentive to stepping into bullying situations and remove such students.  Unless the student clearly violate school policies definitively, they really don’t want to do anything.

The bullying persists

Because schools choose not to get involved, bullying persists and nothing gets done. This also leads students into taking matters into their own hands. In the suicide cases, these students felt their only recourse was suicide. Suicide is the flip side of the school massacres. Those prone to suicide are the people who tend to internalize their depression and take their own lives instead of being aggressive and taking the lives of others and then themselves. However, bullying can lead to either outcome depending on the type of person involved. Unfortunately, the other more violent outcome could just have easily have happened.

Whether suicide or a massacre, these issues usually stem from the same source: bullying, hatred and intolerance. With sites like Twitter, Facebook, MySpace and YouTube, students can now be more cruel and bullying than ever. Now these bullies can not only bully in person, but they can now find all of that person’s friend’s pages and leave hurtful, cruel and damaging comments on the Internet for everyone to see.  Or, in some of the cases, cruel videos of the students in private situations.

In the case of Tyler Clementi, he was apparently not openly gay. Yet, his roommate apparently choose to live stream video of a sexual relation on the Internet and Tweet about it. A camera that he had apparently been hidden before the relations started.

Lucky

Tyler’s roommate is lucky to be alive. If Tyler had been the personality type to explode, it’s possible that dorm or school could have ended up a massacre zone with many students and teachers dead or wounded. Instead, Tyler chose to end his own life by jumping from a bridge alone. Neither outcome is proper or necessary. But, Tyler thought so.

The reality is that schools need to wake up to peer pressure. It’s real and it is not going away. Students need a safe haven where they can go and openly discuss peer pressure situations where they will be taken seriously and investigated free from school penalties and consequences.  Diffusing peer pressure situations is actually important for schools to discuss because the outcome is quite clear should a bullied student take action.

Right now, there is no such place. Students would have to see their own independent psychological counselor to discuss these situations, but these counselors are powerless to do anything to resolve the situation. If schools want to stop the suicides and massacres, they need to set up a safe haven that has the power to stop peer pressure, bullying and other such stupid student tactics dead in its tracks. It’s really the only way. Unfortunately, such a program will cost real money to set up and universities won’t do this because they will lose some of their precious profits to manage such a program.  Public schools can’t do this with the severe funding shortages they are now incurring.  It’s a program whose time has come, but unfortunately, it’s going to take legislation to force schools into compliance.

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