There were updates in the Digital Privacy Act in order to focus on the protection of minors—not the guys with hats who live in caves, but the children who we have to deal with—and it has to be a balanced approach.
Robert pointed out that we need better education. This is the advent of the Internet. It's a really big thing. Whether it's the school systems, the parents, or the community groups, we need to be educating kids about the potential dangers.
When you're dealing with something like Fitbit, where it's tracking your heart rate and everything, there isn't a lot of danger there. What we're talking about on the big data side—it's really exciting—is that maybe they'll be able to notify you by a text message half an hour before you have your heart attack. That's where we're heading. That's where big data analytics is going.
In terms of protecting minors, it's very difficult to put the onus on the company that is collecting that information, other than asking you if you are under the age of 18, under the age of 19, or under the age of 21, and saying that if you are, you have to get the consent of your parents in order to fill in that information.
Beyond that, there isn't a lot there. How many 14-year-olds would go to their parents to get the okay to fill in the information on the Fitbit? How many parents would go, “Would you just leave me alone?”
Again, I know that I keep reiterating the same point, but when you look at the reasonable use, the reasonable connection, and a reasonable person test for evaluating what is okay and what isn't, you see that it's a lot easier than trying to regulate a consent regime that maybe doesn't really have any value to it. You're not really getting informed or educated consent, and you can't really tell the age of the person you're collecting from, because I would venture to say that most 14-year-olds would ignore that fact and say, “Oh, it won't let me if I'm 14, so I'll just click on 18, and then I'll get through.”