ECA Issues Action Alert on New Congressional Video Game Bill

ECA Issues Action Alert on New Congressional Video Game Bill

May 12, 2008
Last week GamePolitics reported on HR5990, a new piece of video game legislation proposed in Congress by Reps. Lee Terry (R-NE) and Jim Matheson (D-UT).

Also known as the Video Games Rating Enforcement Act, the bill would require retailers to check ID for buyers of M-rated games.

The Entertainment Consumers Association (ECA) has issued an action alert on this bill. ECA members and non-members alike can click here to voice their thoughts about HR5990 to their congressional representative. From the action alert:
HR 5990, the Video Games Rating Enforcement Act, is another Congressional attempt to unconstitutionally regulate the sale of video games.  If it’s passed, the federal courts will find it unconstitutional – and at great expense to taxpayers. 

By raising our voices now, we can let Congress know that we, as taxpayers and constituents, would rather they use their time and our money to discuss more pressing issues such as the war in Iraq, universal healthcare and the national economy.

GP: Readers may find it worth noting that Rep. Terry alleged that in some games players earn points by committing rape. However in an exclusive interview with GamePolitics, the Congressman admitted that he could not name a single game which featured rape.

Rep. Terry was also unaware of last week's Federal Trade Commission report which showed that game retailers were successful 80% of the time in turning away underage buyers. Rep. Terry instead was relying on 2003 data in which retailers had only a 31% turn-away rate.

Full Disclosure Dept: The ECA is the parent company of GamePolitics

Comments

@SpiralGray

Alcohol and cigarettes aren't Free Speech and have actual proven harmful effects (which violent media doesn't, not even close). The U.S. constitution bars congress from passing laws that would abridge Free Speech and minors have First Amendment rights. I won't go anymore into this as it's been said a million times over.
[...] wrote an interesting post today onHere’s a quick excerptLast week GamePolitics reported on HR5990,  a new piece of video game legislation proposed in Congress by Reps. Lee Terry (R-NE) and Jim Matheson (D-UT). Also known as the Video Games Rating Enforcement Act, the bill would require retailers to check ID for buyers of M-rated games.The Entertainment Consumers Association (ECA) has issued an action alert on this bill. ECA members and non-members alike can click here to voice their thoughts about HR5990 to their congressional representative. From the action alert: HR 5990, the Video Games Rating Enforcement Act, is another Congressional attempt to unconstitutionally regulate the sale of video games.  If it’s passed, the federal courts will find it unconstitutional – and at great expense to taxpayers.  By raising our voices now, we can let Congress know that we, as taxpayers and constituents, would rather they use their time and our money to discuss more pressing issues such as the war in […] [...]
Too bad the ECA can't get broke off a chunk of that $20+ million the ESA rakes in. Sounds like they're doing more to deserve it.
Here's to Rep. Terry not finding out about Rapelay. Not that it matters, as the "game" is unavailable outside Japan and would not fall in the scope of any existing or proposed legislation anyway...
This will cause people to tone their games down if this passes. No one would DARE to make an M rated game. :( We would be just like Australia with their 15+ rating. But our highest rating would be 13+.
This law IS unconstitutional. and I'm actually going to write my congressman about it.

In my view, they have two options. They can either widen it to cover all forms of media, which would then run afoul of books. Or they could just throw it out. Trying to persecute one medium like this is inexcusable.
I don't even know why politicians bother with this legislation. These types of bills have been found unconstitutional 9 times over. Almost 4 million dollars of taxpayer's money wasted in the courts on this shit.
Are they just trying to waste taxpayer's money for the sake of it? To make themselves look good to the moralistic prudes and and the "we must protect the children" protectionist morons out there.
Another thing to look at is the fine. This is rediculous, as small video game companies wouldn't be able to stay in business. If it happened once, it would wipe out profits from a week or two, there isn't much mark-up in the games or systems, only in accessories.

Compare this to the fine for selling a child cigarettes, something that is KNOWN to kill them and those around them, eventually, not to mention being addictive. I think the fine is between $200 and $300, SOMEONE THIN OF THE CHILDREN!
>>Are they just trying to waste taxpayer’s money for the sake of it?

Almost. Games are the new cultural kids on the block, and pols are taking full advantage of the "Protect The Children" shtick to score points off the ignorance of the general public.

Games are easy targets right now. Parents don't understand them, the most culturally visible games are exactly the kind that the too-young just LOVE to try getting illicitly, and the actual ubiquity of games is unnoticed by the general public, assuming that only nerds, the disturbed, and the lazy would bother to play these "wastes of time".

It's political catnip.
How is this any more unconstitutional than requiring age identification before selling cigarettes or liquor? If everyone would just stop the kneejerk reactions they'd realize this isn't unconstitutional (it's not limiting what can be produced).

And Cheater87's assertion that no one would dare make M-Rated games is simply ridiculous. You can still buy cigarettes, liquor, and go to R-Rated movies. The game industry claims they want to prevent inappropriate games from getting into the hands of kids. Why on earth would this stop them from producing them?
@mogbert

True, fining retailers $5000 (which this bill would do) for selling a 16 year old a fuckin' video game is ridiculous and excessive. Not even stores that sell cigarettes and alcohol (which have actual proven harmful effects) are even fined that much.
@ BmK

Seconded. That's what I was going to say.

Shouldn't extra tax's and fines for alcohol be unconstitutional, as it has a whole amendment for itself?
Ah, sweet British Indifference.
Shouldn’t extra tax’s and fines for alcohol be unconstitutional, as it has a whole amendment for itself?

I don't think the federal government can tax or fine for alcohol, only the individual states can do so due to the 21st amendment. So states can ban, tax, fine and make all the laws they want when it comes to alcohol but the federal government can't.
@ BmK

Thirded.

@ SpiralGray

You're comparing legal apples and oranges.
@BmK

You took the words right out of my virtual mouth.
And this stops the "parents/grandparents/other relatives buying children M-rated games" problem...how?
Politicians don't bother themselves with pesky things like the US Constitution. If they had their way, it wouldn't exist at all because they know better than some silly 200+ year old piece of paper.
@ SpiralGray

That was by far one of the dumbest things I have ever read in my life: Cigarettes and Alcohol are substances, not an expressive medium.

Also, the government cannot put the force of law based on a privately-run rating system. If such a bill passed, it would give the ESRB government-mandated power.
...

Hmmm, trying to find the evil part of this bill.

I'm sorry, but i don't find efforts to prevent minors from buying M rated games inherently offensive. Yes, it's a stupid bill because it'll get struck down in court just like all the others, but, again, not evil.

And am I the only one who's getting concerned with GP's relationship with teh ECA? When was the last time GP ran a negative story about them?
I can completely understand congress trying to divert attention from Universal Healthcare. Universal Healthcare is very expensive and, if ever implemented, will immediately drain money from the salleries of congressmen and women. Talking incessantly about video games is completely free.

However, you'd think they'd be trying harder to pull out of Iraq and turn the economy back to positive growth, if only for their own self-serving interests... but no.
@ Wraithfighter

There's nothing wrong in and of itself with preventing minors from accessing mterial not intended for them (in this case, Mature-rated games) but as was pointed out in previous posts, a $5,000 fine seems excessvie when compared to fines in similar laws regarding alcohol and tobacco, which are much more dangerous. I didn't see anything wrong myself with this bill initially until I was enlightened about this.

And you won't find GP running any negative sotries about the ECA because GP is part of the ECA. Though I'm sure if Dennis has a disagreement about them with something (which would be unlikely), we'll know about it. But for all intents and purposes, this blog/news site is an official part of the ECA,
Fuck this bill. It's unconstitutional and a waste of taxpayer money. Here's just a few things wrong with it:

.It unfairly targets videogames whilst completely ignoring other entertainment which has been deemed unsuitable for minors.

.It enforces a private organization's standards.

.There is no evidence to support a need for this bill

.As has been pointed out the fine is harsh when compared to the fines of selling ciggarettes or alchohol to minors, and is a strong incentive to simply stop selling M rated titles for fear of fine.

.Despite the fact that the "slippery slope" arguement relies solely on maybes and is therefore garbage in an actual arguement, we all know that's how it's gonna work.
All those companies that are in the ESA should leave now and invest their money into the ECA instead.

Unlike the ESA, the ECA actually protects the video game industry...
@shady8x

Hella. The ESA is a waste. The ECA actually adresses shit. Both could be better though.
Im glad the ESA wants to protect videogames but theyll just check for ID cards. Theyre not trying to regulate anything. Ill always try to protect videogames but this is no big deal. Just check the cards no regulating. Which one would you rather have this law or regulating videogames.
I just don't understand why people get so worked up over this. How is requiring that retailers check ID some sort of infringement upon free speech? Nobody is restricting the ability of game makers to produce their product. I honestly am curious. Somebody please inform me as to how this is a free speech issue? No sarcasm here, I am legitimately curious and would like to know the argument.
Is the only reason ECA is putting out here the fact that it would be ruled unconstitutional?

It's perfectly reasonable to require an ID check for AO rated titles, but until the ESRB decides to rate games a little more stringently, checking IDs for Mature rated titles seem just fine to me.

This isn't a free speech issue when you've got pornography (in fact GTA4 had stuff that I hadn't seen anywhere else other than those stupid Japanese perverted games).

Jack Thompson is still a nut-case, but GTA4 goes beyond the mature rating which pulls the ESRB into question for my evaluations. So, as a result, carding for Mature titles isn't too much of a loss. Parents will still buy these titles for their kids if they want.
Actually what is wrong with this bill? What's wrong with enforcing the ratings? Don't cinema check ID before letting someone in to see an M movie?
@Velvet_Llama

I'm wondering the same thing. When I was younger, I would get carded for R rated movies. I don't look at this as a way to keep me from buying M rated games and I don't see how it keeps game developers from making M rated games. I keep my ID on me at all times, anyway, so it's not like it's inconvenient. As a parent of a 14 year old boy, I work hard at maintaining control over what my child can and cannot do, whether it's video games, going out with friends, or whatever. Retailers checking for ID for M rated games makes my job just a little easier.
I honestly don't give a shit about carding either, it's the money thing and the ignoring of other entertainment that bugs me.
So then after this is passed, we put pressure on our government to enforce the same for movies.

@michael
You mean the voluntary MPAA ratings? It isn't governed by law.
And last i saw, the theater didn't prevent a 10 year old go in without any adult supervision to see an R rated movie.
Wraithfighter Says:
"I’m sorry, but i don’t find efforts to prevent minors from buying M rated games inherently offensive."

Then you're a frigging idiot who deserves the hike in taxes that this nonsense of a bill will cost you. The fact is, minors are already NOT buying these games. Adults are buying them for their kids. This bill will not keep games out of the hands of minors. What it will do is add $$ to our tax bill and help keep cynical and manipulative politicians in office for a few more years. If you don't think either of those things are offensive you're a f%^&ing moron.
I wonder if I can save us from the italics holocaust by doing this?

Also, this looks useful, thanks! I'll probably either use the ECA's tool or simply write my congresswoman (Anna Eshoo) directly.
Hatsumi Says:
"Retailers checking for ID for M rated games makes my job just a little easier."

No it doesn't. It merely allows you to be lazy. What other parts of your responsibility to your son are you going to be willing hand over to people neither of you know? How can your son trust you when you're so willing to cede your authority over him to strangers?

I'll tell you this much - if you were my dad I'd be worried. I guess this attitude to parenting is what we're to expect from the lazy-assed 'Me' generation that has never had to take responsibility for anything beyond themselves.
@Ian Cooper

Being a parent is hard work. If you want to accuse me of being lazy because I actually CARE what my child does, then I think you're misunderstanding me. I trust my son to make his own choices, but I also realize that as his mother, I am held responsible for his actions. If I physically followed him around and watched him like a hawk with everything he did, then you can bet that he wouldn't trust me. Since you seem to feel that I'm not parenting my son enough, is that what you're suggesting I do? My son and I have a great relationship. We game together and we talk to each other.

As far as the idea of handing him over to a stranger, that seems like an overreaction. Police officers are strangers and we expect them to enforce law and safety in our communities. Still, I can see your point of view.

The bottom line, though, is that as his parent, it is my responsibility to parent him. If I feel that a game is inappropriate for him, I won't let him play it.

Also, to elaborate, it's not that I'm for this bill. I think that it's targeting video games in a disproportionate way versus other media such as television and movies. I also feel that it's going to cost a lot of tax dollars that I'm not happy at all about spending.
How are you supposed to keep tabs on kids these days? With the massive number of people feeling that old fashioned discipline is wrong, as well as a good uprising against authority figures it can be a difficult job.

It's not possible to believe a parent can follow their kid around 100% of the time. Hell my brother was truant for high school a good 80% of the time, despite my father's attempts at convincing him that it's better to finish school.

Part of the problem here, is that society has taken away some parenting tools that have been effective in the past in order to "Protect The Children", now we can see the results.
we can let Congress know that we.. ..would rather they use their time and our money to discuss more pressing issues such as.. ..universal healthcare


Actually, umm, I'd rather they didn't. But then I suppose I'm not one of the "we" mentioned in the release since I won't join the ECA precisely because of these unrelated agendas which pop up in statements and such from time to time.

*sigh*
Jer said: "You mean the voluntary MPAA ratings? It isn’t governed by law.
And last i saw, the theater didn’t prevent a 10 year old go in without any adult supervision to see an R rated movie."

If that's the case in the US, then I'm glad I live in a country where ratings ARE enforced by law. What's the point of ratings? A guideline?! LOL!
If ratings are enforced by the government they can BAN games.
Freyar Says: "Part of the problem here, is that society has taken away some parenting tools that have been effective in the past in order to “Protect The Children”, now we can see the results."

EXACTLY! We might have hated it as children, but effective discipline was the thing that brought kids into line. Nowadays a parent is not allowed to discipline their own child. Look what it's done to society!?

That yawning gaps has been created by government and lawmakers, so either they wind the clock back and give the parents the right to discipline their own children, or they have to enforce laws that place boundries on those children!
Cheater87 Says: "If ratings are enforced by the government they can BAN games".

BOLLOCKS! If ratings are placed on a game, it means they are NOT banning a game. They are merely saying who is able to purchase the game.

If an Adults Only rating is placed on a game (which means it's meant to be played by Adults, as has ALWAYS been stated intention of Rockstar regarding GTA IV), then any bans enforced are put in place by Sony, Microsoft, Nintendo, Walmart, and so on .... simply because they refuse to sell it. The government is not at fault here. It's the DYSFUNCTIONAL view that corportations and individuals have of what constitutes an Adults Only or Mature rated game.
My god...the government does more bad then good and they are too stupid to realize it.
@Ian Cooper

Chillax broham, everything's cool. The bill ain't gonna pass and even if it does, you'll still decide what your kid is exposed to. This isn't me saying that I support the bill; I dont, but there would be no problem for parents who choose to let their children indulge in M rated games other than wasted tax money and a hypocritical law in place that tolerates movies, books, and music but not games (NOT THAT THOSE AREN'T IMPORTANT).
I love how the Congress wants to "protect the children" while they rape children by racking up trillions in federal debt.
Slow down there speedy, Universal health Care? you can smell the moveon, literally smell it.
@T5

Yeah, that's sorta unfair to Republican gamers.
Universal Health Care isn't that bad. We've got it here. I don't use it(Big strong man, me don't get sick), but my fiancé and the kids do.

It's on the 'nice to have' list. One of the only ways a law abiding citizen can run up millions of dollars of bills through no fault of his own is through an American hospital.
Given the libertarian bend here of most readers I assume the CATO institute carries some weight:

http://www.cato.org/pub_display.php?pub_id=8172
Your all a bunch of dipshit Americans if you think that a $5000 fine is going to put a small games retailer out of business, it would do its job perfectly, what retailer would sell an M rated game to a minor? It wouldn't happen at all. thats what this is all about! Fair enough that is should apply to all forms of media but come on people are you all to stupid to see that its a good idea? The video game market is on average the 18-35 age group, what percentage of minors can actually afford games anyway? Children get their money from adults, if a child wants an M rated game then they can get an adult to buy it for them

Ill use the New Zealand rating system for example:

The New Zealand rating system is a universal system for games, movies and TV program’s, and is not a voluntary system, our ratings are as follows:
G = General
PG = Parental guidance necessary
M = Mature ages 16+ (can be sold to those under 16)
R16 = ages 16+ (cannot be sod to those under 16)
R18 = ages 18+

Plus our rating system is stricter than the ESRB rating system, we actually get games banned (manhunt, postal etc). Games like GTA fall into the R18 category, where as games like Halo and Counter Strike fall into the R16 category
Jay: They've got a point, though, in that it's a turnoff to people who oppose universal health care. If the ECA wants to organize popular opinion against HR5990, it's in their interests not to alienate their base over an unrelated issue. I'm more than happy to join forces with any Republican-leaning Americans to voice opposition to this bill.
J03_M4M4: I'm sorry to hear that you live in a country that practices outright government censorship. The U.S. hasn't gotten quite that bad yet (except once in a while when offended parties sneak it past by labeling their targets "obscenity" or "hate speech"), and it doesn't need to. The ESRB ratings system works (as was demonstrated earlier this week), and it doesn't need or want the government's involvement to keep doing so. I don't know about New Zealand law, but the U.S. has a constitutional amendment that I rather like that says the government cannot "abridge the freedom of speech."

Retailers are free to distribute games (and DVDs, and books, and music) with mature content to young people if they so choose. They are also free to earn the public's ire and risk losing business by doing so.
I can totally see parents being arrested for negligence, endangerment of a child to a controlled medium or whatever,for having an adults only game laying around or a mature. Look its about taking away freedom. Historically America has only let its govt take freedom I'd civil liberties in terms of extreme danger or in exchange for protection from a more imminent threat. I see no benefit from this bill. It is unconstitutional and the far right is obviously trying to get as much in as possible b4 they get their asses booted out of the white house and congress.
Let freedom ring
Shih Tzu Says: "... but the U.S. has a constitutional amendment that I rather like that says the government cannot “abridge the freedom of speech.”"

This much bandied "freedom of speech" that US citizens are supposed to have is simply a myth. "Freedom of speech" in the US goes only so far as your money allows you to not be litigated against by people or corporations with a lot more money. Sure the government cannot "abridge the freedom of speech", but people-power stops dead in the face of the bully-organisations like of the RIAA.

Freedom of speech? I prefer protection of law.
@J03_M4M4

"but come on people are you all to stupid to see that its a good idea?"

..says the fool in a country with the ability to completely ban games because they were stupid enough to let the government get their claws into regulating speech by way of incremental, "reasonable" restrictions.
People - I'd like to try and be civil with those who hold different views.

I was troubled to see that Hatumi felt she had a bad experience here.

People of good will can disagree, and should do so without suggesting personal shortcomings in the other party.

Thanks.

-GP
You know, I hate to run off the topic at hand but along the lines of universal health care, for those that have decent health care to begin with, you won't get to see the true advantage here. Look at how much money we have to pay for everything else...gas, food, taxes...and medical bills with those that cannot afford insurance are ridiculous. To have a government-provided universal health care system would give those in less-than-pleasing situations a chance to be healthy without having to put them in an even worse situation. I'm for it.
@Ben Ambroso

Your comment implies that health care leads to better health which has been proven to be fallacious, read the link I posted above

@Shih Tzu

Count me in


It is a shame that the ECA would not only say this but still be affiliated with the likes of Moveon, not all American gamers are left wing, from what I see here far from it.
Thank you to everyone who voiced their concerns about one or more of the issues mentioned at the top of the action page concerning HR 5990, The Video Games Rating Enforcement Act. The three issues mentioned (Iraq, universal healthcare, and the economy) are often among the top issues mentioned in national opinion polls when people are asked about their concerns in the USA today. The Entertainment Consumers Association has no opinion on these issues and listed them solely as examples of those a vast majority of Americans feel are more financially pressing than fighting a lawsuit in the wake of HR5990 passing. The ECA stresses that it feels it is a waste of time and tax dollars to pursue this unconstitutional legislation. You can find a list of ECA’s position statements at: http://www.theeca.com/position_statements.

Brett Schenker
Online Advocacy Manager
The ECA
www.theeca.com
@T5: “It is a shame that the ECA would not only say this but still be affiliated with the likes of Moveon, not all American gamers are left wing, from what I see here far from it.”

The ECA works with organizations of all political and philosophical persuasions regarding a variety of gamer-related issues. We’re glad that you agree with our mission to represent gamers of all political, and a-political, stripes. To exclude working with an organization because it represents folks of one perceived political persuasion would be just as exclusionary as only working with one type of politically leaning organization.

Brett Schenker
Online Advocacy Manager
The ECA
www.theeca.com
how much do movie theaters get fined if they let in a minor to an R rated movie??

I worked at a video game store and if I sold an M rated game to a minor I would get fined and fired. How is that already not enough to keep me from doing that?

Plus most parents don't care what their kids play. I sold countless copies of GTA to parents/grandparents with the 8-year old child right there and I was required to read off all the reasons why its a Mature rated game, and then ask "Is this ok with you if he/she plays this?" and EVERYTIME the adult would say "yeah sure whatever.."

If congress wants to pass anything they need to implement a class or something for parents to be informed on the game rating system that is ALREADY in place and it works just FINE.
the bill actually sounds like a good idea to me. that way parents cant complain when they "accidentally" buy their kid a game they probably shouldn't have in the first place.
@geo

Yep. What happened to the days of picking on that thar Rock n' Roll? THAT THAR BE THE DEVIL'S MUSIC! FINE THE ROCK N' ROLL SELLERS!!!
Re:
Would the ECA have qualms with working with NAMBLA if they agreed with your stance on video games? Serious question.

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