Should the Law Require More Online Than It Does Offline Regarding Age Separation and Verification?
As noted above, online age verification may be criticized from a First Amendment “state action” standpoint if a statute or court forces it – but not if a site adopts it voluntarily. So should sites do just that? One argument against it, is that such verification does not always exist in the real world. At concerts and at “all ages” clubs, teenagers and adults can dance and party together. There’s no age separation, and no age verification, except in “carding” for alcohol. And the same predators who may be lurking on MySpace could easily be dancing at a rave, or in the next row at a rock concert. So online age verification may not so much impede predators, as simply force them to prey offline. On the topic of responsibility for the fates of underage customers, consider, for example, a recent tragedy in Seattle. Kyle Huff shot seven people in a shooting spree at an after-hours party following an all-ages rave in Seattle. Two of his victims were only fourteen and fifteen years old, respec
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