Contents
Video Game Regulation: Where We Are Now
 
 
Printer-Friendly VersionPrinter-Friendly Version
 
Latest News
spacer View All spacer
 
November 20, 2009
 
Video Game Watchdog National Institute On Media And The Family Shutting Down [9]
 
GDC 2010's Experimental Gameplay Workshop Calls For Submissions
 
Opinion: Rethinking Player Death [27]
spacer
Latest Jobs
spacer View All     Post a Job     RSS spacer
 
November 20, 2009
 
Sony Computer Entertainment America
Developer Support Account Manager
 
Monolith Productions
Sr. FX Artist - Monolith Productions - 113935
 
Monolith Productions
Sr. Software Engineer, Network - Monolith Productions - #114694
 
Monolith Productions
Sr. Concept Artist - Monolith Productions - #113768
 
Sony Computer Entertainment America
UNIX Systems Administrator
 
Microsoft Game Studios
Animation Director - Halo
 
Microsoft Game Studios
Lead Environment Artist - Halo
 
Radical Entertainment / Activision
Mission Designer (Intermediate)
spacer
Latest Features
spacer View All spacer
 
November 20, 2009
 
arrow Upping The Craft: Susan O'Connor On Games Writing [5]
 
arrow Small Developers: Minimizing Risks in Large Productions - Part II [5]
 
arrow iPhone Piracy: The Inside Story [48]
 
arrow And Yet It Grows: Analyzing the Size and Growth of the European Game Market [5]
 
arrow NPD: Behind the Numbers, October 2009 [13]
 
arrow Reflecting On Uncharted 2: How They Did It [5]
 
arrow Sponsored Feature: Rasterization on Larrabee -- Adaptive Rasterization Helps Boost Efficiency
 
arrow Postmortem: Wadjet Eye's The Blackwell Convergence [2]
spacer
Latest Blogs
spacer View All     Post     RSS spacer
 
November 20, 2009
 
Planckogenesis, Part II: Song Structure & Gravy Train
 
Designing Games Is About Matching Personalities [1]
 
An Indie Developer’s “Biggest Mistake” [9]
spacer
About
spacer News Director:
Leigh Alexander
Features Director:
Christian Nutt
Editor At Large:
Chris Remo
Advertising:
John 'Malik' Watson
Recruitment/Education:
Gina Gross
 
Features
  Video Game Regulation: Where We Are Now
by Neils Clark
12 comments
Share RSS
 
 
January 20, 2009 Article Start Page 1 of 5 Next
 

[How does the government regulate video games? Researcher Clark looks worldwide for perspective on U.S. game censorship, addiction, and piracy law in an Obama administration.]

Video game regulation. The words leave a sour taste for most of the people who work with and play video games. The sour faces shouldn't be too surprising when politicians say things like, "I want to restore values so children are protected from a societal cesspool of filth, pornography, violence, sex and perversion," (Mitt Romney-R).

Advertisement

Most non-gamers, be they our friends, family members or elected officials, may not be jumping to dismiss games like Romney, but it's common enough that they don't quite get it.

Many see games as trifles, kid's stuff; and yet for all the talk that we journalists and researchers talk about breaking molds and making new genres of games, at the moment there's already a unique diversity and depth in today's video games. A fish doesn't know that he's in water.

While media technologies aren't cesspools, they are introducing radical new changes in the way society works -- from how we get our information, to how we interact with friends and co-workers.

Some games change society on a deeper level, placing, say, Chinese nationals in the same social spaces as American, French, and Israeli nationals. Government regulation fast becomes a dicey and complicated proposition. Why things are regulated certain ways, and what that says about the future, is far from simple.

"This is an area of law that's evolving so fast anything I say will be obsolete by tomorrow," says law professor Joshua Fairfield, half-joking.

Fairfield, an associate professor of law at Washington and Lee University, sees the legislation in the United States as falling into two major categories: one is protecting children, especially from pornography; the other deals with law enforcement and surveillance.

"There's an absolute imperative that we protect kids from predators. And, on the other hand, for at least the legal profession, we have to do this in a way that does not threaten free speech. Meeting these requirements means that we need to try a lot of laws on. You're going to see people experimenting with laws."

He uses the example of puzzle pieces, expecting many governments to try on new kinds of laws in order to see what fits.

In 1996, the United States had its first taste of that process with the Communications Decency Act (CDA), a part of the Telecommunications act of 1996.

It was held unconstitutional when it tried to ban the use of any interactive computer service trying to display to anyone under the age of 18, "any comment or suggestion found offensive by community standards."

Next to target Internet pornography was COPA, the Child Online Protection Act. It too was blocked from taking effect. Protecting children is, as Fairfield suggests, imperative. But doing so via large-scale measures is often beyond the understanding, if not also the power, of any regulating body.  

"I don't think people [regulating content] are rabidly anti-game or pro-game," says Fairfield. "They don't understand games." Especially, he says, the problems inherent to user-generated content. One of the major problems with applying Congress's prior attempts to regulate the Internet to gaming, he says, is that, "These statutes were largely aimed at standard pornographers."

"Laws aimed at keeping children from seeing anything indecent fit poorly with rough-and-tumble virtual worlds. Your average Barrens chat might get you in trouble if a kid sees it, under current laws." Fairfield, referencing an area in Blizzard's World of Warcraft known for inane, sometimes perverse conversation, points out that any game going online presents anonymity to children and a license to be lewd to all.

 
Article Start Page 1 of 5 Next
 
Comments

Bill Redd
profile image
WARNING: This comment is rated PG-13. Strong Lanquage.

"The sour faces shouldn't be too surprising when politicians say things like, "I want to restore values so children are protected from a societal cesspool of filth, pornography, violence, sex and perversion," (Mitt Romney-R). "

Of course, once again on this site, it is a Republican who gets to be the bad guy. One quick google search reveals many more enemies to choose from:

Hillary Clinton (D)
Joe Lieberman (D-IN)
Tipper Gore (D)
former Gov. Rod Blagojevich (D)
Sen. Juan Hinojosa (D)
Sen. Evah Bayh (D)
Sen. Jon Erpenbach (D)
Jan Schakowsky (D)
Assemblyman Tem Leland Yee (D)
Miami attorney Jack Thompson (D)
Roy Burrell (D) LA
Assemblyman Keith L.T. Wright (D)
Rep. Jeff Harris of Columbia (D)
Rep. Mary Lou Dickerson (D)
Rep. Joe McDermott (D)
Justin Ross (D)
Sen. Vi Simpson (D)

ALL have proposed bills, or made comments against the video game industry. But your selection, whether intentional or not, surely will leave some un-informed or perhaps younger readers with a bad taste for republicans. "Damn church freak Romney doesn't want me to play my games..."

Dude, I'm a Republican (no $H!T you say) and an atheist, and I don't care what letter comes after the name, I do not want my life or choices limited by a politician in any facet.

Personally I think all forms of entertainment: TV, movies, books, magazines, games, websites etc... Should have a content rating similiar to movies or TV.

Let the buyer beware, then let him buy it!

Otherwise, great article!

Stevan Zivadinovic
profile image
If Lieberman and Jack Thompson are Democrats I am a platonic solid. The convenience of latching onto a Republican when talking about these kinds of issues stems from the fact that Republicans like to monopolize morality and morals as something only they are able to posses.

Jason King
profile image
Some say the difference between a Republican politician and a Democrat politician is that the Republican feels bad when they are being hypocritical.

Bill Redd
profile image
@Stevan Zivadinovic
Lieberman was a democrat until recently and Jack Thompson is a wacko christian activist, I should NOT have put a (D) by his name. My (big) mistake. Which platonic solid would you be anyway?

I guess you can only monopolize morals if you talk about them and they have meaning to you. But you saying that proves my point. I would not say what Romney said, however I'm lumped into that stereotype, and he is put forth in this article as an example of the enemy and frankly I'm tired of being lumped in. I'm sick of every writer for every website using Republicans as the bad guy when they could just as easily find a Democrat that has done or said the same things.

The point is, video games and game content are under assault by the government. By BOTH sides of the isle. I think the industry should act quickly before they are acted upon.

@Jason King
True, the Democrat would'nt give a $h!t at all.

Andre Thomas
profile image
If you were to ask me personally, it would be stupid and unconstitutional for the government to regulate the game video games buisness because its nothing but the government trying to trample on our civil liberties and individual rights.

Anyhow as somebody who feels that there are certain types of games minors definitely should not be playing, I personally believe that the games industry is capable of regulating itself as it have demonstrated before rather than government pushing legistlation in areas it has no business in.

In the end its a shame we no longer have a "limited government" as advocated in the preamble of our constitution, but a government that seek to amass more power in anyway possible. The role of government is protect civil liberties, not trample on them.

Brian Bartram
profile image
(attempting to redirect the partisan flame war back to the issue at hand...)
The point continually brought up in these court cases is that there already exists sufficient technology, provided by the industry, to monitor and lock out undesirable content. Parents simply are too lazy to use learn to use them. These tools are actually far more effective than the "fear my litigation stick" approach of law and enforcement.
And this will always be the case - technology moves far faster than legislation. We, as an industry, should always make it a point to beat the law makers to the solution and implement it before they can even finish selecting their jurors.
What we need is a voicebox powerful enough to confront these muckrakers. Somebody with charisma to be the voice of reason.

I need a hero. I'm holding out for a hero 'til the morning light.

Joshua Milewski
profile image
I find it unconstitutional for the US government to regulate video games *at all*, and in general, video game regulation is just plain bad.

Regulation of art, censorship, is a blatant violation of freedom, and I will fight to protect that freedom.

Joshua Milewski
profile image
By the way, are mod chips really illegal in the US under the DMCA, as I read at the following link?

http://www.gamepolitics.com/2008/11/24/feds039-mod-chip-raid-ended-25-million-pi
racy-operation

Christian Philippe Guay
profile image
Regulation or mass control?
Better stop stupidity...

When people will stop hidding themselves behind video games for their bad, sexual or violent actions; regulations will stop.

If we, as humans, live to experience life... the consequences are only up to us... and without the experience, people will stay ignorant. I especially like the quote from Hideo Kojima on ''Everything we experience with our own eyes makes us better judges'' - or very close to that...

Anyway, USA presidents since '50- '60 come from Harvard and Skull & Bones... no big secret actually.

Carol Mullins
profile image
Josh - from what I understand: the DMCA makes it illegal to subvert copy protection, and Grokster v. MGM basically held that something distributed for the primary purpose of infringing on copyright can be found to contributorily infringe. So, depending on the status of mod chips, use of mod chips could easily be interpreted as attempts to subvert copy protection under the DMCA and as contributory infringement under Grokster. It might take an extension of Grokster to declare that mere possession of mod chips amounted to a DMCA violation, but it's not necessarily an unreasonable leap.

Andre Thomas
profile image
"What we need is a voicebox powerful enough to confront these muckrakers. Somebody with charisma to be the voice of reason."

Ron Paul? At least he seem to be the only person in DC that actually things that the government has no business in the personal affairs of the common man


Bob McIntyre
profile image
Haha Ron Paul oh man. Classic! But no, we should probably pick someone who isn't recognized as a lunatic by the general public. He would've been a hilarious counterweight for Jack Thompson back when the two of them were relevant, though.


none
 
Comment:
 


Submit Comment