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“We are confident that we are compliant with the laws, including U.S. and EU laws regarding privacy, data protection, and data retention, that apply to the AO3. (It is relevant to the legal analysis that the AO3 does not host images other than 100×100 pixel user icons, which cannot be “orphaned” within our system). As Rahaeli noted at the end of her thread, these laws do not include COPPA, the Children’s Online Privacy Protection Act, as it does not apply to nonprofits like the OTW, but as a matter of policy we do not allow children under 13 to make accounts, as noted in our Terms of Service….
We, and everyone else at the OTW, have always taken CSEM very seriously and the OTW reports (and has always reported) as required to NCMEC and others. Our Abuse processes are not limited to what appears in the Archive code, as we have internal measures in place (including some which are intentionally confidential), and we are always seeking to improve them. People who try to abuse the Archive are, unfortunately, flexible and evolving — therefore, we are too.”
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