My car isn't supposed to be driven by someone without a license. It's kept locked when not in use.
Yet, that might not stop a 17 years old without a license from stealing my keys and taking it for a joy ride. Should we then outlaw cars since evidently it doesn't function within the law?
While I love a good car analogy as much as the next person this really doesn't fly.
First of all, the TOS click through flow is more like leaving a car running, unlocked, and adding a piece of masking tape that says "please don't drive me" on the door handle. TOS operate entirely on the honor system.
Second, you have no incentive for random children to come drive your car. For the tech giants, more users are great! So their incentives here are all in favor of letting kids sign up and doing the bare minimum to try and prevent this required to appease regulators.
Yet, that might not stop a 17 years old without a license from stealing my keys and taking it for a joy ride. Should we then outlaw cars since evidently it doesn't function within the law?
These kids are violating the ToS.