Towards an Operational Model of On-line Password Ownership for Older Minors
Journal Title: International Journal of Pedagogy, Innovation and New Technologies - Year 2014, Vol 1, Issue 1
Abstract
This paper is an exploratory study of the current debate, confined primarily to US Supreme Court cases, over the definition of both a password and an older minor, with the intention of highlighting current inconsistencies in definition and classification of the two terms and suggesting how an operational model of on-line password ownership for older minors might develop. Section 1302 of COPPA (Children’s On-line Privacy Protection Act) legally defines a child as an individual under the age of 13, and the United States defines 18 to be the legal age at which an individual becomes an adult and enjoys all of the full rights of on-line password ownership & control that may be protected under the First, Fourth and Fifth Amendments to the US Constitution. Between the ages of 13 and 18, however, there is no clear model or legal guideline with regards to the question of online password ownership – and the extent to which Constitutional Amendment protections are fully enjoined by such individuals. The intention of this paper is to explore the current debate through the lens of US Supreme Court Cases – as such cases both set national precedents for legal action and rights and provide unique insight into the broader social discussion about the critical issue of online password ownership for older minors. The paper will attempt to answer two basic questions: what is the legal nature of a password and what is the legal nature of an older minor? Finally, it will attempt to address the question of how an operational model of online password ownership for older minors in institutional educational settings may evolve.
Authors and Affiliations
Mark Juszczak
Keywords
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- EP ID EP52581
- DOI 10.5604/23920092.1134790
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