II 110th CONGRESS 1st Session S. 568 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.

1.

Short title

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

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.

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).

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.

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.