Michigan Congressman Proposes "Video Game Decency Act"

September 29, 2006 -

 If you think that the political fallout from Hot Coffee is fading, think again.

The GTA San Andreas scandal not only continues to be a public relations thorn in the side of the video game industry - it's also an inviting target for politicians.

Rep. Fred Upton (R-MI) is no stranger to the Hot Coffee affair. In July, 2005, just as the publicity over the incident was peaking, Upton proposed a resolution in Congress ordering the Federal Trade Commission to look into Hot Coffee. The motion passed 355-21, leading to the FTC's June, 2006 report on the scandal.

Upton, however, was not pleased with the FTC's findings, saying:

"I guess I thought the FTC would have had some more teeth than they apparently have... I'm not at all happy... In essence there are no consequences. None... I would like to have thought that (Take-Two and Rockstar) would have been able to be fined for millions of dollars for the trash they put out across this country."



Upon finding out that the FTC has no such authority, Upton declared:

"I am going to be looking to write legislation giving the FTC the authority to impose civil penalties. I didn't know that they didn't have the authority."

Now, Upton has kept his promise, submitting H.R.6120, the Video Game Decency Act of 2006. The bill would make it illegal for a game company to fail to disclose content with the intent of gaining a less-restrictive ESRB rating.

Violations would be treated as "unfair or deceptive practices" under the rules that govern the FTC.

Fourteen colleagues have signed on as co-sponsors, including Rep. Peter Hoekstra (R-MI), Marsha Blackburn (R-TN) and Joe Pitts (R-PA)


Comments

@hayabusa

I got here a little late, I know, but I'd like to read that exchange.
riffraff1138 at yahoo dot com.

@hayabusa
Heh, could you send that exchange to shroomofinsanity[at]gmail[dot]com. It would be greatly appreciated.

@the general arguement
We can go for days bickering over details, or we can all get off our lazy asses and send letters to Upton about this. He may not be as far gone as our beloved Thompson. He may treat us as adults if we treat him like one.

Unfortunately, I do not have his email, so if anyone would like to throw that out there, all the better.

Nayaz Trimycos,
--shroomofinsanity--

@shroomofinsanity:

I was actually going to write him, but his website says he will only respond to letters from people who reside in the 6th District of Michigan, and he probably won't even read most of those.

I've mentioned this before, but I've been writing to all of GP's featured individuals and I seem to get the best response from the non-politicians, although it might have something to do with the midterm elections coming up.

Any arguments to the effect that Hot Coffee was a feature that intentionally shipped with the game can be quickly dismissed for a couple of reasons:

- There was no way to access it except through Gameshark codes and modifying the data directly. Without a leak from Rockstar as to a) the existence of this feature and b) the means of enabling it, the likelihood of anyone figuring out how to access it was extremely small. As it turns out that did happen, but only because they released it on PC, where assets are easier to search and modify than on consoles.

- The feature was obviously incomplete and half-implemented. Anyone that saw the video or actually used the patches to enable hot coffee realizes that it was shoddy and can easily come to the conclusion that it wasn't intended for public consumption.

I work in game development, but not for Rockstar, and trust me... stuff like this happens all the time. Features are requested, prototyped, maybe even implemented... and then they're cut. Game development is very deadline driven. If a feature is cut, it tends to be cut in the quickest way possible that keeps as much other stuff working as possible. Sometimes this means the content is forgotten about and left on the disc. Sometimes it means that gameshark or other devices could be used to reenable it. I bet 70-80% of games have half-implemented features that it's possible to enable... obviously not all of them being this inflammatory.

There were problems with Hot Coffee when it happened, and there are problems with it today. The first problem is ignorance. Politicians and journalists really don't understand what happened or how it happened. Because of this we get people like Fred Upton up in arms over some percieved injustice against the nation's children.

The second problem is the ESRB. Due to the political pressure they were facing over Hot Coffee, they decided to re-rate it and in the process set a terrible precedent: that 3rd party modifications can affect your rating. They then re-rated Oblivion partially over the same precedent. A more correct solution would be to force the use of a disclaimer on packaging that use of cheat tools or 3rd party modifications could invalidate the rating much like the online play notice. Does this protect children? Not from parental ignorance, but hey ... neither does legislation or re-rating. Does it get the political pressure off the ESRB? Nope, but hey... neither did re-rating games.

Personally, as a game developer, I'd like to see the ESRB replaced with a different voluntary ratings board that has both a backbone and a good set of rating standards. A terrible precedent like the one the ESRB has introduced should not be allowed to stand. My greatest fear about all the stupid legislation flying around is that it will legitimatize the ESRB's place as a rating's body and make its removal even more difficult.

@hayabusa
Like I said in the reply to your email; you win the internet for that smackdown. And it seems that Upton's claim to only care about mail from the 6th district is just so we won't all attack him with our alien "logic" and "facts" that his kind fear so much. It is the crucifix to their vampiric skin.

@Dan Olsen
Damn. That is a large chunk of text which translates, roughly, into "politicians lose." But seriously, I, while not employed at a game development company, have worked with programming for years and I know how much easier it is to just cut off access to a piece of the program than remove it and rewrite new code in its place. I have also had to write complex programs by very specific deadlines. Everything you say, from what I know to be true about the programming world, is correct.

Nayaz Trimycos,
–shroomofinsanity–

I apologize for the double post, but I wanted to apologize for the typo when I typed Dan Olson's name. Might not seem important to you guys, but I like to get names spelled correctly out of respect, especially one who summed up the problem at hand so well into one post.

All I have to say about this is that these are the people that want to talk about decency when it comes to video games? Please.

http://www.foxnews.com/story/0,2933,216886,00.html

"so, there isn't ANY evidance to support legislation?"
"nothing the courts haven't shut down sir."
"no matter, hot coffee still works, facts are overrated."

omg, i hate hot coffee so much. they cant let it go.
if he is worried about the FTC having the authority to impose fines, why not support them doing this for all media, not just videogames? couldnt you (poorly) aruge that that scene in "The rescuers" was hidden to get a lower rating? oh, but thats not a problem, its not like that was marketed for kids or anything...unlike GTA which was obviously meant to sell to a young audience despite the big Mature rating on the cover. wtf do they think mature means anyway! IT MEANS MATURE! as in MATURE CONTENT! as in don't buy it for your 12-year-old!

[...] The U.S. government keeps adding more munitions into the war on the “terror” of video games. There is the “Truth in Video Games Act,” (H.R. 5912) then the announcement that the ESRB must complete every game (S.3935) and now the “Video Game Decency Act” (H.R. 6120) is marching its way through the U.S. Congress. [...]

[...] GamePolitics (www.gamepolitics.com) has a report on Senator Upton’s (A Republican from Michigan) new bill. The Video Game Decency Act, it’s called. The act would make it legal for the FCC to fine game companies which hide content of their games in order to gain a lower ESRB rating. On the surface, this seems fine. The game companies should accept the ratings their games deserve. However, the reason this bill came about was the Hot Coffee mod for GTA: San Andreas. This mod accessed code that was in the game, but was in no way accessible through playing the game. The new bill would require ESRB to completely play through a game before giving it a rating, which means that it misses the purpose completely. There’s no way to account for every single hack, patch, custom map, and easter egg for every game out there. Take Oblivion, for example. The official gameplay alone is enough to keep a softcore gamer like me busy for at least 3 months, and maybe 2 months for a hardcore gamer. Then there are official hacks and patches for the game which would require more time to test, and unofficial patchs and hacks which would make the game virtually unreleasable due to lack of “proper” testing. I think Nightwing sums it up pretty well in a comment on that article: It wasn’t hidden material that could be accessed through gameplay. [...]

This kind of thing really gets me mad. I get enough of my mom telling me that 'games are evil' without the government jumping in on it.

@hayabusa
Really late, I know, but I'd like to see that exchange.

minddragon2002@yahoo.com

hey hayabusa, send me one

riddlinbunny@yahoo.com

but how can politicians focus on and say that video games influence children and not strike down on movies or books- they ignore the gamers vote. the reason: there isnt one- there arent enough gamers that realize all the politics involved in gaming nowadays- gone are the days where we only needed a bag of cheetos and our 12 pack of coke and we were set for the weekend. If they did the same thing with movies, music, and books there would be a public outcry- we need to get more gamers aware of whats going on with the government and gaming today and if we dont get more involved then by the time the next gen of games come out were gonna see a completely new, and definitely not better, world of video games...especially if hillary clinton gets into office- if anyone else has any comments on this go ahead and email me.

Hayabusa, you send me a copy as well:

ZeroXPhoenix [at] gmail.com

As for Upton, thank you for proving more than once that relatively 99% of politicians are uneducated, grand standing idiots.

"I'm a gamer myself...I was an expert in Pong, that was a great game..bip, beep, bip bope.."

Ah yes, Mr. Upton. Clearly you are a gamer because you played freaking PONG. >_

[...] ==References== <references /> :*[http://gamepolitics.com/2006/09/29/michigan-congressman-proposes-video-game-deceny-act/ Michigan Congressman Proposes “Video Game Deceny Act”], ”Gamepolitics”, September 29]], 2006]] {{Video game controversy}} Category:United States proposed federal legislation]] Category:2006 in law]] Category:Computer and video game censorship and ratings]] Category:Computer and video game law]] {{cvg-culture-stub}} {{US-fed-statute-stub}} [...]
 
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TechnogeekIf the developer were male there wouldn't have been a "conversation" in the first place.10/19/2014 - 2:27am
Montetrolls are just at their absolute worst when it comes to women and feminist. You could bet good money that if the developer were male the trolls would be silent and the conversation would actually focus on the journalism.10/18/2014 - 9:18pm
MontePapa: Not the first time we've had a journalism scandals before, but the harassment never got close to this level; the difference with this scandal is that feminists are involved. Without the feminist angle, their would be A LOT less harrassment10/18/2014 - 9:15pm
Papa MidnightMonte: That's honestly rather short-sighted. As has been proven with other persons who have been targeted, if it wasn't Quinn, it would be someone else.10/18/2014 - 6:26pm
AvalongodI think that's part of what gives an esoteric news story like this real life...it taps into a larger narrative about misogyny in society outside of games.10/18/2014 - 3:29pm
Avalongod@Monte, well the trolls made death threats that came to police (and media attention). I think this is tapping into a larger issue outside of games about how women are treated in society (like all the "real rape" stuff during the last election)10/18/2014 - 3:28pm
WonderkarpZippy : Havent tried the PS4 controller. might later.10/18/2014 - 2:37pm
MonteSeirously, If Quinn was not involved and GG was instead about something like the Mordor Marketing contracts, the trolling would have never grown so vile and disgusting. There have been plenty of movements in the past that never sufferred from behavior..10/18/2014 - 1:57pm
MonteWe have seen scandel's before but the trolling has never been as vile as what we see with GG. Trolls usually have such a tiny voice you can barely notice them, but its like moths to a flame whenever femistist are involved.10/18/2014 - 1:53pm
ZippyDSMleeWonderkarp: You might be able to if you had a PS4 controller.10/18/2014 - 1:00pm
MaskedPixelantehttp://store.steampowered.com/app/327940/ Night Dive starts charging for freeware.10/18/2014 - 12:21pm
Matthew Wilsonthe sad thing is there are trolls on both sides of this. people need to stop acting like their side is so pure.10/18/2014 - 12:19pm
MechaTama31So, only speak out on a scandal that hasn't attracted trolls? I wouldn't hold my breath...10/18/2014 - 10:49am
MonteI feel like GG just needs to die. The movement is FAR to tainted by hatred and BS for it to be useful for any conversation. Let GG die, and then rally behind the NEXT gaming journalism scandal, and start the conversation fresh.10/18/2014 - 10:33am
quiknkoldand we dont have a Dovakin to call a cease fire10/17/2014 - 7:37pm
quiknkoldThe whole thing is Futile. Both sides are so buried deep in their trenchs that there isnt a conversation. Its just Finger Pointing, Name Calling, Doxxing, Threats. there needs to be a serious conversation, and GG isnt it.10/17/2014 - 7:37pm
quiknkoldI thought it was a good article. Jeff is right. I feel like GamerGate did destroy its message. I am for Ethics in game journalism, but man. so much hate. and its on both sides. I've seen some awful stuff spewed on twitter. Its a big reason why I exited..10/17/2014 - 7:34pm
Matthew Wilsonwhile he focused on gg, he did call out both sides crap.10/17/2014 - 7:18pm
Papa MidnightThat was a damn good read offered by Jeff Gertsmann.10/17/2014 - 7:17pm
Matthew Wilsonhttp://www.giantbomb.com/articles/letter-from-the-editor-10-17-2014/1100-5049/ deferentially a nice write up.10/17/2014 - 6:44pm
 

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