Sen. Clinton to FTC: Investigate Sex Content in Game

Take-Two’s Rockstar Games label, the title’s publisher, said it wasn’t to blame, because the so-called “hot coffee” modification to its game was created by “a determined group of hackers.” The content can be unlocked by following steps widely described on the Internet. Noting that “hot coffee” scenes can’t be created “without intentional and significant technical modifications and reverse engineering of the game’s code,” Rockstar said it is “investigating ways that we can increase the security protection of the game’s code and prevent the game from being altered.” But it wasn’t clear Thurs. if the firm can do anything to prevent modification of the millions of game units already shipped. A Rockstar spokesman said only that “several issues are being investigated.”

Clinton said she will introduce legislation “to help keep inappropriate videogames out of the hands of children.” She said “disturbing material in Grand Theft Auto and other games like it is stealing the innocence of our children and it’s making the difficult job of being a parent even harder.” Clinton said she announced the measures because she thinks “the ability of our children to access pornographic and outrageously violent material on videogames rated for adults is spiraling out of control.”

She said the legislation is designed to “put some teeth into videogame ratings by instituting a financial penalty for retailers who fail to enforce the rules.” The law would bar sale of violent and sexually explicit videogames to minors and impose a $5,000 penalty for violations.

Entertainment Software Assn. (ESA) Pres. Doug Lowenstein blasted the proposed legislation as “unconstitutional on its face,” violating the First Amendment. “This is not just our view,” but one handed down by every federal court that has “rendered judgment” on similar state laws in recent years, Lowenstein said. Clinton’s proposal “will never pass constitutional muster and thus will do nothing to help parents raise their kids,” he said. But he said ESA believes strongly retailers should not sell mature-rated games to minors, and parents should monitor what their kids watch and rely on ESRB ratings “to make the right choices for their families.”

Clinton said recent data “confirmed links between exposure to violent videogames and aggressive behavior in children and a groundbreaking new study by researchers at Indiana University School of Medicine shows that playing violent videogames triggers unusual brain activity among aggressive adolescents with disruptive behavior disorders.” Clinton said the industry-enforced rating system of the Entertainment Software Rating Board (ESRB) “is not yet working as it should and is not acting as a deterrent to kids accessing inappropriate videogames, underscoring the need for today’s action.”

ESRB Pres. Patricia Vance Thurs. said again her group is “conducting a thorough and judicious investigation with regard to” the San Andreas modification. She said “we urge all parties not to rush to judgment until all of the relevant facts, some of which are highly technical and complicated, have been established.” Vance said her group is “committed to ensuring the integrity of the ESRB rating process, and making certain that the ratings are reliable and accurately representative of game content.” She said “any second-guessing at this point would be premature and inappropriate as this investigation continues.” Vance said it is “important to emphasize that the current rating of” San Andreas -- M (Mature) “makes it abundantly clear that it is not appropriate for persons under 17, and carries 5 content descriptors including Strong Sexual Content.” Critics contend San Andreas should have been rated AO (Adults Only).

Clinton said she asked the FTC to determine whether an AO rating works better than the game’s current M rating in light of the hidden content. She also asked the FTC to study the adequacy of retailers’ rating enforcement. In her letter to FTC Chmn. Deborah Majoras, Clinton said “we should all be deeply disturbed that a game which now permits the simulation of lewd sexual acts in an interactive format with highly realistic graphics has fallen into the hands of young people across the country.” She said “parents who rely on the ratings to make decisions to shield their children from influences that they believe could be harmful, should be informed right away if the system is broken.” Clinton added that parents “face an uphill battle just understanding the ratings system [so] they cannot and should not be expected to second guess it.”

Despite a new campaign by retailers in the Interactive Entertainment Merchants Assn. (IEMA) to keep kids from buying M-rated games, the National Institute on Media and the Family said Thurs. its research shows M- rated games for consumers 17 or older remain relatively easy for teenagers and even children as young as 7 to obtain. The group said its data show that 50% of boys 7- 14 were able to buy M-rated videogames and 87% of boys play M-rated games. It also claimed nearly 25% of retailers in the study don’t understand the ratings they are supposed to enforce and only 50% of the stores train employees on ratings. IEMA didn’t comment by our deadline.

Early this week, the National Institute accused Word of Mouth Marketing Assn. (WOMMA) member Bolt Media of promoting porn and sexually explicit material to children online by hosting a download at its website with which kids can reveal the hidden sex animation in San Andreas. Bolt didn’t respond to a request for comment by our deadline.