Andrea Matwyshyn, Digital Childhood

Andrea Matwyshyn, Digital Childhood

Comment by: Joel Reidenberg

PLSC 2011

Workshop draft abstract:

The Children’s Online Privacy Protection act suffers from numerous shortcomings. Perhaps the most notable of these deficiencies is the lack of statutory coverage for children over the age of thirteen but below the legal age of contractual capacity.   This article argues that as a matter of contract theory and doctrine, children under the legal age of contractual capacity retain the right to ask that all contracts relating to their conduct online be deemed voidable.   As such, when a minor asks that an agreement (for a non-necessity) be set aside on the basis of lack of capacity, the other party can no longer derive benefit from the consideration paid by the minor, including her information.   A duty of deletion then pertains to the holders of the minor’s information as a matter of contract law.