and that any notice Google provided wasn’t
intended for the child’s parent and contains
terms that no child under the age of 13
would comprehend.
“While the state argues for direct notice to and
consent by parents, that is not what the law
and regulatory framework require,” the ruling
states. “While this might be preferred in a perfect
world, the law only requires operators to ‘make
any reasonable effort’ to provide notice and
obtain consent.”
In considering what constitutes a reasonable
effort, the court pointed to guidance from the
Federal Trade Commission that recognizes
many schools already seek parental consent
for in-school Internet access at the beginning
of the school year and that Google’s G Suite
for Education agreement — to which schools
commit when they use the services —
authorizes Google’s data collection practices.