As we recently wrote, Twitter has just posted a new Terms of Service. And, intentionally or otherwise, Twitter has banned anyone under 18 years of age from using Twitter.
In the updated Terms of Service, Twitter state that:
You may use the Services only if you can form a binding contract with Twitter and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Now, as it happens, in contract law, minors (persons under the age of 18) are generally considered to “lack the capacity” to contract (along with those who are legally deemed mentally challenged). This means that a minor – anyone 17 or younger, unless legally emancipated – are unable to form a binding contract.
Hence, Twitter is now off limits to anyone under the age of 18.
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This is a marked change from Twitter’s previous terms of service, which stated:
You must be 13 years or older to use this site.
Why has Twitter chosen to exclude those under 18? They haven’t said, but we can hazard a couple of guesses:
1. It’s harder to hold someone under 18 legally accountable for their actions.
2. Generally people who are using Twitter to any great degree are over 18 anyways, and so it isn’t any sweat off Twitter’s nose to exclude the minority of Twitter users who are under 18.
3. The 18-and-above group is where the money potential is.
Of course, it could also be the case that they didn’t mean to exclude, based on age, users who previously were considered acceptable, but we’re betting that even if this is the case, they won’t re-opening the door for those users.
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This may be more recent, but the “Safety Center” still says “Twitter is not for children under 13.”
twitter sucks
This is not exactly correct. In most states, minors are able to form “voidable” contracts–that is, the minor can bind the competent party, but the minor can also “void” the contract as long as he has not received the benefit of the bargain. So if a 13-year old boy buys a discounted iPhone and a two year contract, he can get out of it in a few weeks by returning the phone (if it’s resellable) and paying for the time/bandwidth he used. But if he wants to keep the phone, he can hold AT&T to the contract for the full 2-year period.