I think this mess (because it is a mess) is two fold. On one side FTC mistakenly deems content creators as "operators" of "websites" or "online services". This terminology is very important as it is the legal basis upon which the FTC may go after content creators. On the other side YouTube have managed to deal their penalty by accepting to "police" their content creators (as it can be clearly understood by carefully hearing what the FTC representative said in the press conference) by adding this new "made for kids" checkbox, and at the same time refuses to implement a gate age that would solve this whole mess at the root.
Also, the word "kids" do not exist in the legal parlance of the code nor the Rule set by FTC, they only mention "children" and they provide a definition for them: every person in the 0-12 ages. This is also to clarify some confusion that may arises from the concept of "minor age" and "children" as defined by this law.
So let's first address the FTC assumption that content creators are "websites" or "online services", remembering that what is relevant here is the collection of personal information from children without prior verifiable parent's consent.
So let's make just one rethoric question: do content creators really own their "channels"? Do they are able to verify parent's authorization and provide them the information about the use of the collected information? Do they can even access the collected data? Do they have the ability to make any change on their "website" apart what YouTube allows them to do? Of course no, no, no.
Here the FTC have attempted to charge a responsibility on the content creators' shoulders assuming something they are not.
With the pretext content creators benefit bt earning a small, SMALL, share from what YouTube/Google earn exploiting their creativity, art and skills, FTC is mistakenly assuming they are "websites" or "online services" when they actually lack all the relevant power required to do things that could make them compliant (or non-compliant) with the law.
Content creators are just users, or at most suppliers as a storyteller authors would be for a publisher, while YouTube have the ultimate control of how, where, when, and at whom to serve its content (yeah, because you give to YT a worldwide unlimited non-exclusive license of your content when you upload on their platform, so as long as you do not remove your content they hold it in full control).
YouTube already have broken the law by tracking children without parent's consent, as we learned from the Civil Judgment and the attached Exhibits; so let's now suppose you label your content as "for kids", well, what tells you they won't break the law again? They say they turn off many features to avoid to track children, but is that for real?
Are you in control to check that through your "website" they won't really collect data from children? Where is your power in doing so?
There is none. And remember the law is about collecting data from children without parental consent, not labeling your videos to be "made for kids". Under the current FTC's assumption you would be deemed liable even if you labeled your videos as "made for kids" if, despite this, YT would collect data from children.
Into this swamp YouTube is swimming to make business as usual by placing persistent identifiers (AKA cookies) to track users while handing over the liability to the content creators, with the complicity of the FTC it seems.
Now, let's have a moment to think about GDPR, is YT compliant with that Regulation too? If you are an EU resident, did you ever seen a notice that inform you what cookies are used, what data are collected, where, and the exact address of who is in charge to ask about your data and to exercise your rights under the provisions of the GDPR?
You don't own anything than just on a good will basis. YouTube can terminate your account at any time, withour prior notice, at their sole discretion. This is said in the ToS in many places.
Also, the word "kids" do not exist in the legal parlance of the code nor the Rule set by FTC, they only mention "children" and they provide a definition for them: every person in the 0-12 ages. This is also to clarify some confusion that may arises from the concept of "minor age" and "children" as defined by this law.
So let's first address the FTC assumption that content creators are "websites" or "online services", remembering that what is relevant here is the collection of personal information from children without prior verifiable parent's consent.
So let's make just one rethoric question: do content creators really own their "channels"? Do they are able to verify parent's authorization and provide them the information about the use of the collected information? Do they can even access the collected data? Do they have the ability to make any change on their "website" apart what YouTube allows them to do? Of course no, no, no.
Here the FTC have attempted to charge a responsibility on the content creators' shoulders assuming something they are not. With the pretext content creators benefit bt earning a small, SMALL, share from what YouTube/Google earn exploiting their creativity, art and skills, FTC is mistakenly assuming they are "websites" or "online services" when they actually lack all the relevant power required to do things that could make them compliant (or non-compliant) with the law.
Content creators are just users, or at most suppliers as a storyteller authors would be for a publisher, while YouTube have the ultimate control of how, where, when, and at whom to serve its content (yeah, because you give to YT a worldwide unlimited non-exclusive license of your content when you upload on their platform, so as long as you do not remove your content they hold it in full control).
YouTube already have broken the law by tracking children without parent's consent, as we learned from the Civil Judgment and the attached Exhibits; so let's now suppose you label your content as "for kids", well, what tells you they won't break the law again? They say they turn off many features to avoid to track children, but is that for real? Are you in control to check that through your "website" they won't really collect data from children? Where is your power in doing so?
There is none. And remember the law is about collecting data from children without parental consent, not labeling your videos to be "made for kids". Under the current FTC's assumption you would be deemed liable even if you labeled your videos as "made for kids" if, despite this, YT would collect data from children.
Into this swamp YouTube is swimming to make business as usual by placing persistent identifiers (AKA cookies) to track users while handing over the liability to the content creators, with the complicity of the FTC it seems.
Now, let's have a moment to think about GDPR, is YT compliant with that Regulation too? If you are an EU resident, did you ever seen a notice that inform you what cookies are used, what data are collected, where, and the exact address of who is in charge to ask about your data and to exercise your rights under the provisions of the GDPR?
(It is a genuine question, I did not check.)