Limitation Analysis of the "Rubber Rubbing Act" in the United States
January 04, 2021 09:51 Source: "China Social Sciences", January 4, 2021, No. 2082 Author: Chen Gang

October 2013,Jerry Brown, California Governor, signed a California Senate No. 568。The bill requires Google、Facebook、Twitter and other social networking sites allow minors to delete various information released when they go online,Just as allowing minors to wipe their own Internet traces with rubber,Therefore, it is also vividly called the "Oak Wipe Act"。The bill is no longer just providing relief when the privacy of minors is invaded by minors,Instead of actively supervising,Define the responsibilities of network service providers,At the same time, give the minor to fully delete the right。The bill not only protects the victim of the network,Also adopted an attitude of tolerance protection for minors with improper network behaviors,The ultimate goal is to prevent online personal information from "reflecting" minors,Build a solid protection barrier for the healthy growth of minors。However, the "Rubber Rubbing Act" is widely praised,Its limitation also requires us to think and summarize,To learn more reasonably。

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The "Rubber Rubbing Act" stipulates that the subject of the right is minor,But there is no clear bet365 live casino games age measurement node。That is to say,The bill does not clear,Still taking the time of network behavior as the age node。If the age of the time of the right to claim is a measure of the age of age,It means that after adulthood, people have no right to ask the website to delete the various information published by their minors in the network space。This also requires people to rationally judge their own network behavior when they are minors,Because once adulthood, you cannot enjoy the rights given by the "Rubber Rubbing Act"。If the time of the occurrence of network behavior is a measure of the age of age,It means that even if you are an adult, you can enjoy the protection of the "Rubber Rubing Act",Requires the website to delete the various information and traces left by the network space when you are minors,But this obviously has the disadvantages of excessive protection。

The "Rubber Rubbing Act" involves not much content,The focus of the protection of minors is also a single。In this way, the subject of rights stipulated in the bill reflects obvious narrowness in two aspects: First, the "rubber rubbing bill" is just allowed to delete the various information published by minors to delete the various information published by the network space,Although minors can also require the third -party website to reprint information to delete relevant information,But if this information has been re -edited by others, it is not within the scope of the bill,bet365 live casino games Therefore, the scope of the bill of the bill is limited,It will even be used in shape; the second is that the subject of rights is limited to a narrow area like California,If the information released by minors in network space is published and reprinted by network service providers outside California,"Rubber Rubing Act" is incomparable,The regionality of the bill and the infinite conflict between the network revealed,So this bill can really play a limited role。

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The Obligation subject involved in the "Rubber Rubbing Act" is mainly network service providers,If you want to strictly implement the bill,It will inevitably increase the extra huge cost and uncertain legal risk to the network service provider。And the American online service provider has actually formed a huge interest group,They are the most active opponents of the bill。From the perspective of actual operation,In order to avoid the requirements of the "rubber rubbing bill",Some websites even restrict or even prohibit minors from logging in,This is not conducive to the right of information、Realization of the right to communication,It also runs down with the target of the bill。

In fact,Before the "Rhalet Plusing Act" was introduced,Many mainstream social networking sites have set up the "Delete button",Network users can originally delete the content of the post posted on the bet365 live casino games website,"Rubber Rubbing Act" is just clearly required that minor users can completely delete the information published in the network space。and,The "Rubber Rubing Act" will be limited to the business subject,How to deal with those websites that are non -business entities to publish and preserve minors, but lack detailed regulations,Therefore, these network service providers believe that there is no substantial breakthrough in the "rubber rubbing bill"。

From the specific content of the "Rhalet Plus Act",Some regulations have conflicts with the commercial reservations of social networking sites,Not conducive to fair competition between California online service providers and other network service providers outside California。The bill also sets up the exclusion clause of the obligation subject,The situation that will only point through the use of information positioning function as an exception,In fact, the relevant obligations of the search engine are excluded。and the world's most influential search engine Google headquarters is just in California,It is difficult to make people believe that this is just a coincidence rather than the results of the mutual interests of multi -party interests。Regardless of the clause or exception rule,Naturally, it will be criticized by other network service providers。

  Treatment of excessive protection and legal infringement

The original intention of the "Rubber Wipe Act"Bet365 app download ,It is to prevent minors from leaving improper information or personal privacy in the network space or personal privacy because of immature mind、Work and Life,Therefore, the prerequisite for this bill is that the online release behavior of these minors should not have the subjective intentional intention that hurt others。But the "Rubber Rubing Act" uses age as a node,Set up a barrier for legal protection,It may be evaded responsibility by some minors' intentional drilling laws。For example, you can deliberately post information that violates others in the network space,Special rights given by using the "Rubber Wipe Act" after a while,Apply to delete this information to avoid legal sanctions。

The "Rubber Rubbing Act" to protect the starting point of the minor is naturally no problem,When the bill may conflict with the freedom of speech,Two harm phase power takes its light,Sacrifice a small part of speech freedom,There is no problem with the protection of the rights and interests to the minors,But the bill not only protects the victims in network damage,Also protect the bully,This makes the final result and the original intention of the bill "。Various Internet bullying is intensified,A considerable number of bullying people are minors,Because of the absence of targeted laws,Bullying people have no fear。Although the United States has introduced bet365 best casino games some online bullying management regulations,But these regulations are still relatively general,Many times face some network bullying cases,It is difficult to accurately regulate and sanctions。If there is another "rubber rubbing bill" protection,Those bullying people will become intensified,Even more unscrupulous,So many opponents of the bill think,Should not hold a special tolerant attitude towards minor network negligence。

More serious is,Applicable areas of the "Rubber Rubbing Act" are limited to California, USA,and other regions of the United States do not have such a bill,Therefore, the "Rubber Rubing Act" is unavoidable to conflict with other laws during the implementation process,Even the possibility of unconstitutional。Because the minor has the right to delete the information published in the network space,It will definitely delete other people's follow -up and comments,It is equivalent to violating the freedom of speech。

(This article is the Study Research on the Protection of the Rights and Interests of Children in Virtual Society in Virtual Society "(13CXW037) phase results)

(Author Unit: School of Cultural and Creative and Communication of Zhejiang Normal University)

Editor in charge: Cui Cen
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