II 109th CONGRESS 2d Session S. 3935 IN THE SENATE OF THE UNITED STATES September 26, 2006 Mr. Brownback introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to prescribe rules to prohibit deceptive conduct in the rating of video and computer games and for other purposes.

1.

Short title

This Act may be cited as the Truth in Video Game Rating Act.

2.

Deceptive ratings of video games

Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules under section 553 of title 5, United States Code, to prohibit the following as an unfair and deceptive act or practice prescribed pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)): (1)

Rating game only on partial content

Such rules shall prohibit any rating organization from assigning a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game in its entirety. (2)

Withholding content for rating

(A)

In general

Such rules shall prohibit any person who produces, sells, or otherwise distributes video or computer games in interstate commerce from withholding or hiding any playable content of the video or computer game from, or in any other manner failing to disclose any playable content of a video or computer game to, a rating organization. (B)

Hidden content

Such rules shall provide that where, in the course of obtaining a content rating, a person submits to a rating organization a video or computer game that contains hidden content, that such person also provide the rating organization with the necessary codes or methods of accessing such hidden content. (3)

Gross mischaracterization of content

Such rules shall prohibit any rating organization from providing a content rating that grossly mischaracterizes (as defined by the Commission in such rules) the content of the video or computer game.

3.

G.A.O. study

(a)

Study

The Comptroller General of the United States shall conduct a study to determine— (1)the efficacy of the Entertainment Software Ratings Board ratings system in assigning appropriate content ratings to video and computer games, including ratings for online or Internet-based games; (2)whether content ratings systems, like that used by the Entertainment Software Ratings Board, should be peer-reviewed; (3)whether an independent ratings system, developed and administered by persons or entities with no financial interest in the video and computer game industry, would result in more accurate and effective content ratings for video and computer games than the rating system used by the Entertainment Software Ratings Board; and (4)the efficacy of a universal ratings system for visual content, including films, broadcast and cable television and video, and computer games. (b)

Report

Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted pursuant to subsection (a). The report shall contain recommendations regarding effective approaches to video and computer game content ratings that address the unique ratings challenges of online and Internet-based video games.

4.

Definitions

In this Act: (1)

Content rating

The term content rating means any rating of the content of a video or computer game provided to notify consumers of any content which may be offensive to consumers or may not be suitable to persons of varying ages, including such content as violence, graphic sexual content, nudity, or strong language. (2)

Hidden content

The term hidden content means any playable content that may be disabled or blocked from a user of the video or computer game so that it can be accessed only by inputting a code or command or by altering the game’s software with a modification, patch, or similar tool, utility, or method. (3)

Playable content

The term playable content, with respect to video or computer games, means all of the scenes, visual images, sounds, and words that a user can access after installing the game on a computer, console, telecommunication device, or similar technology, and includes hidden content. (4)

Rating organization

The term rating organization means the Entertainment Software Ratings Board or any other independent organization that assigns content ratings for video or computer games. (5)

Video or computer game

The term video or computer game means any product, whether distributed electronically or through a tangible device, consisting of data, programs, routines, instructions, applications, symbolic languages, or similar electronic information that enables a user to interact with a computer-controlled virtual environment for entertainment purposes.