[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).
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.
| Bill Redd |
21 Jan 2009 at 12:27 pm PST
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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! |
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| Stevan Zivadinovic |
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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.
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| Jason King |
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Some say the difference between a Republican politician and a Democrat politician is that the Republican feels bad when they are being hypocritical.
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| Bill Redd |
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@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. |
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| Brian Bartram |
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(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. |
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| Josh Milewski |
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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. |
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| Josh Milewski |
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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-ende d-25-million-piracy-operation |
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| Carol Mullins |
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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.
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| Bob McIntyre |
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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.
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