Congratulations on proving that link-baiting works very well even on HN.
The most efficient (least resources) route of compliance is to add a 13 or older checkbox, and disable anyone who doesn't check it.
Because it's Google (an American company) who have to comply with COPPA and not some children (of any nationality).
The parental permissions required to host children's information are way too costly for mainstream internet services, and even with permission it might not be legal for Google to do some types of marketing towards children.
Fighting for the rights of minors - evil.
Considering the very large stick Google got beat with in regards to Buzz, I do not think that they are particularly interested in lobbying Capitol Hill for a change. In fact, both they and Apple sat out a congressional hearing on COPPA [1], although I couldn't find the cause. I would expect apathy to the process, as I would think Google would love to be able to sign up more users.
[1] http://thehill.com/blogs/hillicon-valley/technology/95067-la...
With that said, I wonder if one could make the case that COPPA is unconstitutional. Hear me out:
In the recent video game ruling SCOTUS has said that computer programs (video games) are a form of free speech. And they further said that conveying that free speech to minors w/o parental consent is protected.
So web services too are computer programs, and therefore free speech. And like violently deviant video games the ability to convey this speech to minors w/o parental consent is also protected.
COPPA overturned! :-)
Alternatively, Disney has managed to allow my under 13 kids in without any problems. All it took was my email address. Google could, too, if they cared.
1) While, as you note, the TOS URL contains "accounts", it is accessible in two clicks from Google.com. Simply click the "About" link and the TOS is on the About Google page. It's on a page that has nothing to do with accounts per se, but is the high-level page about the Google company and services.
2) Here's is the first paragraph in the TOS: Your use of Google’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
They don't call out anything about accounts at all here. They seem to be referring to all services.
3) They actually have a section which is about accounts. If the whole document was about accounts they wouldn't have a specific section about it. Here is the opening paragraph of that section:
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Google will always be accurate, correct and up to date.
Notice the use of the term "certain Services". That is, certain services require an account, but not all. This document as a whole is referring to all services.
If you think this TOS only applies to accounts, I think you'll need stronger information than simply the URL where the document is located. I certainly don't think the URL is part of the legal agreement. And if you read the TOS by itself, it seems pretty clear that it includes Google search.
Read your TOS. Read the TOS your children agree to.
Don't whine when it gets enforced, you agreed to it.