[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 568 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 568

   To prohibit deceptive conduct in the rating of video and computer 
                     games, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2007

 Mr. Brownback introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To prohibit deceptive conduct in the rating of video and computer 
                     games, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 an individual of content in such video or computer game 
        that may be offensive to an individual or may not be suitable 
        for an individual of a certain age, including such content as 
        violence, graphic sex, nudity, or strong language.
            (2) Hidden content.--The term ``hidden content'' means any 
        playable content of a video or computer game that may be 
        disabled or blocked from a user of such game so that it can be 
        accessed only by inputting a code or command or by altering the 
        software of such game with a modification, patch, or similar 
        tool, utility, or method.
            (3) Playable content.--The term ``playable content'', with 
        respect to a video or computer game, means any scene, visual 
        image, sound, or word that a user of such game can access after 
        installing the game on a computer, console, telecommunication 
        device, or similar technology.
            (4) Rating organization.--The term ``rating organization'' 
        means the Entertainment Software Ratings Board or any other 
        independent organization that assigns a content rating to a 
        video or computer game.
            (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 of such 
        product to interact with a computer-controlled virtual 
        environment for entertainment purposes.

SEC. 3. PROHIBITION ON DECEPTIVE RATINGS OF VIDEO GAMES.

    (a) Rating Game Only on Partial Content.--Notwithstanding any other 
provision of law, effective 1 year after the date of the enactment of 
this Act, a rating organization may not assign 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.
    (b) Withholding Content for Rating.--
            (1) In general.--Notwithstanding any other provision of 
        law, effective 1 year after the date of the enactment of this 
        Act, a person who produces, sells, or otherwise distributes a 
        video or computer game in interstate commerce, may not withhold 
        or hide any playable content of such video or computer game 
        from, or in any other manner fail to disclose any playable 
        content of such video or computer game to, a rating 
        organization.
            (2) Hidden content.--Notwithstanding any other provision of 
        law, effective 1 year after the date of the enactment of this 
        Act, a person who, in the course of obtaining a content rating, 
        submits to a rating organization a video or computer game that 
        contains hidden content shall provide such rating organization 
        with the necessary codes or methods of accessing such hidden 
        content.
    (c) Gross Mischaracterization of Content.--
            (1) In general.--Notwithstanding any other provision of 
        law, effective 1 year after the date of the enactment of this 
        Act, a rating organization may not provide a content rating 
        that grossly mischaracterizes the content of a video or 
        computer game.
            (2) Grossly mischaracterize.--Not later than 1 year after 
        the date of the enactment of this Act, the Federal Trade 
        Commission shall promulgate regulations that define the term 
        ``grossly mischaracterizes'', as such term is used in paragraph 
        (1).

SEC. 4. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--A violation of a 
prohibition described in section 3 shall be treated as a violation of a 
rule defining an unfair or deceptive act or practice described under 
section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)).
    (b) Actions by the Federal Trade Commission.--The Federal Trade 
Commission shall enforce the provisions of this Act in the same manner, 
by the same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made 
part of this Act.

SEC. 5. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study to determine the following:
            (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 content ratings system, 
        developed and administered by persons with no financial 
        interest in the video or computer game industry, would result 
        in more accurate and effective content ratings for video or 
        computer games than the content rating system used by the 
        Entertainment Software Ratings Board.
            (4) The efficacy of a universal ratings system for visual 
        content, including films, broadcast and cable television and 
        video, and video or computer games.
    (b) Report.--Not later than 180 days after the date of the 
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 content ratings that address the unique ratings 
challenges of online and Internet-based video games.
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