GOP and Dem Senators formally introduce "win-win" law

A few weeks ago, Senator Josh Hawley (R-Mo.) Published the outline of the Law on the Protection of Children against Abusive Gambling, aimed at putting an end to random chests and paying mechanisms to win in the video game industry. Today, Ed Markey (D-Mass.) And Richard Blumenthal (D-Conn.) Have joined Hawley to formally introduce this bill in the Senate, along with a draft legislation of 18 pages.

Perhaps the most interesting part of the bill is trying to define so-called "payment for win" mechanisms in games. These are defined here generally as anything that can be purchased that "helps a user achieve a game feat that may otherwise be accomplished without the purchase of such a transaction" or "allows a user to continue to access the content of the game that was previously provided. " accessible to the user but rendered inaccessible after the expiry of a stopwatch or multiple attempts of play. "

For multiplayer games, this also includes any purchasable game content that ", from the point of view of a reasonable user, provides a competitive advantage".

With respect to chests, the law targets games where the purchasable content in the game is randomized or partially randomized. This includes games in which you buy an item for the chance to buy unknown or random items in the future, closing a potential loophole even before it starts.

All games that meet the above definitions would be illegal to publish or sell under the law, provided that such games are "minors-oriented" (based on guidelines similar to those set out in COPPA) or that publishers have a "constructive knowledge" that some players were under 18 years old. The FTC and state attorneys general would be empowered to enforce the law through civil sanctions, and the FTC would be required to issue a compliance report within two years of its adoption.

"It is the responsibility of developers to deter children from consuming products that promote gambling and similar compulsive shopping behavior, as in other industries that restrict access to certain types of products and services. forms of entertainment to adult consumers, "according to a FAQ on the Hawley office bill.

Huge potential

Extensive definitions of prohibited content in this law would have serious consequences for the video game industry. In mobile games, the ultra-popular mobile titles of Candy Crush Saga at Clash of clans, and countless games in between, almost always use gameplay timers and elements in play to progress in your game.

Separately, the big games ranging from FIFA at Overwatch rely on randomized surprise boxes for the vast majority of their income these days. The decisions taken in Belgium and the Netherlands against the surprise boxes forced the big publishers to stop selling games in these countries. But the US is an extremely large market where similar bans could have a much greater impact on the bottom line of these publishers.

"These are very resourceful people, and I'm sure they can design games that do not rely on child-centric play," Hawley told Kotaku in a recent interview.

The introduction of today brings the legislation closer to these issues of a reality. However, a similar bill will also have to be presented to the House and remain in place during committee hearings and annotations in both Houses even before all legislators can vote and the Chair can sign.

"Certainly, the reception we received from parents [and] Players have been absolutely great, "Hawley told Kotaku regarding the prospects for passing the bill. I think this is a problem that will interest more and more people as they learn more, and this will be the beginning of a broader campaign. conversation. "(Sen. Hawley has not responded to a request for comment from Ars Technica)

Advocacy groups, including Focus on the Family, Common Sense Media, the Parent Television Council and the Campaign for a Child Without Advertising, supported the bill in a statement.

The introduction of the law comes after Senator Maggie Hassan (D-N.H.) Separately urged the FTC to look into the regulation of lockers at the beginning of last year. The FTC plans to hold a workshop on the subject later in 2019.