You are here

54 U. Louisville L. Rev. 131 (2016)
The Rights of Privacy and Publicity for Minors Online: Protecting the Privilege of Disaffirmance in the Digital
Megan Diffenderfer*
Abstract
      The purpose of this note is three-fold. First, I will explore the historical development of the rights of publicity and privacy and discuss the extent to which minors possess these rights online today. Second, I will explore the extent to which minors can waive, license, or otherwise lose those rights in the online environment through mechanisms such as consenting to terms and conditions through click-wrap and browse-wrap agreements. This inquiry will include a discussion about the applicability and problems with the ability of minors to disaffirm these online agreements.
      Last, I will propose a resolution to the unsettled and problematic issue of minors losing their right to disaffirm online agreements that waive their rights, and I will offer potential remedies necessary to ensure the uniformity, clarity, and availability of this right for minors nationwide. Specifically, the promulgation of regulations by the Federal Trade Commission specifying exactly what conditions a minor must satisfy in order to disaffirm a contract, and the formation of policies by online service providers explaining the right of disaffirmance, is necessary to protect minors’ right of publicity and privacy online. II
* J.D. Candidate, May 2016, Louis D. Brandeis School of Law, University of Louisville.