Comment on Comment Period Open for AO3 Terms of Service Updates

  1. Since the GDPR hasn't "gone live" yet, we don't know 1000% how the EU is going to enforce it; what we do know is that we will remove personally identifying information when we affirmatively and explicitly know someone is deemed by the GDPR to be too young to consent to sharing their own information (like their email address) -- and we won't assume someone's age when we have no information about someone's age. However, because we don't know exactly how the age aspect of the GDPR is going to be enforced for things that are not personally identifying information, we can't yet say for sure what we will have to do. I know that's vague, but that's why we put language in the TOS that lets us decide once we see how the GDPR is being viewed and enforced. If compliance when we know someone is "age-barred" means we can orphan works and remove notes that include personal information, like someone's Twitter or tumblr username, then that's what we will do.

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    1. Sorry the above comment didn't show up as Legal logged-in but I've fixed that now. Hi! OTW Legal Committee here, hoping to answer questions (but it's getting late on the US East Coast, so any questions asked starting about 30 min from now will get answered in our AM).

      Last Edited Wed 09 May 2018 11:14PM EDT

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      1. geometric triangle pattern

        Your reply makes a lot of sense. I'm relieved you don't want to delete fanworks either. Let's all hope a solution like orphaning works is viable once we know more.

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    2. If compliance when we know someone is "age-barred" means we can orphan works and remove notes that include personal information, like someone's Twitter or tumblr username, then that's what we will do.

      I sincerely hope AO3 won't be orphaning anyone's fic without their explicit permission. Someone retroactively being deemed as too young to be on the site /= their giving permission for their fics to be orphaned. Imo, it would be better to give any too-young users a choice between having their works orphaned, and having them deleted and a copy provided to them (the latter being what currently happens when someone deletes a work from AO3).

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      1. We definitely won’t be orphaning works without the submitter’s* explicit permission.

         

        *We aren’t saying “author” because we host works that aren’t textual.

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