I agree that Youtube's "solution" to this FTC / COPPA issue seems to be to put the legal responsibility on to the shoulders of the Youtuber. But the more I think about it, I realize there is no other practical way of doing it. Reading between the lines, their solution is essentially saying to the FTC "You want to go after every single youtuber and video that might be a problem? Then go ahead because we don't have the resources to do so..."
On a similar note, are the FTC really going to go after YouTubers who don't even live in the USA? I doubt they'd get very far.
As a computer programer long before I was a YouTuber, I agree with you about the complexity of the issue, but criminalizing innocent people that have not done anything wrong, is not the solution that should even considered in a nation that values justice. What YouTube is essentially doing is this. They are saying, we have no desire to try to control where we show targeted ads with our billions of dollars and some of the most advanced human behavior learning systems on earth, so we are going, shift this responsibility onto the little content creator because they are the weakest target to shift our responsibility onto and can't fight back. To provide an analogy that might make it easier to understand. I am a road paver and I paved a road. Some bank robbers robbed a bank and drove down my road, so the government fines me $42,000 for every mile of road the bank robbers drove down, while the bank robbers who broke the law go free.
Do you see how unjust that is? No matter how you slice it, punishing content creators for the actions of ad companies that are breaking the law, is the very same exact thing. Our content is the road on which the ads travel. YouTube is the one who controls what goes down our road, not us. If they allow criminal activity, that is not our fault. In fact, YouTube (Google) is actually the one who is SELLING access to the road. Google is the one tracking people and gathering the data. Google is the one using their tracking data to market the ad space to people seeking places to advertise. Google is the one doing all these things, NOT the content creators. The idea that the content creator should be held responsible or PUNISHED in any way for all of these actions that Google/YouTube takes, is so mind-numbingly evil, that I think that most people cannot even accept that this is what is actually happening. BUT IT IS!
YouTubers have two metaphorical guns to their heads. YouTube has one gun our head saying, "You MUST tell us where we should show target ads so that we can immunize ourselves from prosecution for crimes we know we are committing." The FTC has a gun on the other side pointed at our heads and is saying, "If you let YouTube run target ads on your videos, we will shoot you." Either way, we are being punished for something that is not our fault and we did not do. Either we lose our revenue (Which is a punishment) or we face life-destroying fines. This is not a CHOICE. In legal terms, it is "
Coercion under distress".
This is WRONG!!!!!!!!! No matter how anyone slices it or tries to explain it, it is utterly and completely wrong. And because it is being done INTENTIONALLY, it qualifies as EVIL! Thousands of very good, honest, hardworking people that have done not one thing wrong, are now being punished (one way or the other) for something THEY did not do. It is not a violation of the COPPA act to create online content! It is not a violation of the COPPA act to make money from making children targeted content. It is not a violation of the COPPA act to play advertisements on online content that children watch.
The only thing that is a VIOLATION of the COPPA act is to
GATHER personal information about children online. Not a single YouTuber is doing that. Google is the one doing that. But somehow, everyone seems overly willing to punish tens of thousands of innocent content creators for the violations that Google REFUSES to stop doing. Regardless of all arguments of how complex it would be for Google to stop, punishing innocent people and DESTROYING their lives, is not an OPTION that anyone should consider a plausible solution to the problem.