COPPA specifically calls out collecting device identifiers and cookies as personal information. Here’s the money line:
“It shall be unlawful for any operator of a Web site or online service directed to children, or any operator that has actual knowledge that it is collecting or maintaining personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under this part.”
Note “directed to children.” If your game isn’t directed to children, you’re fine, but that’s a terribly fuzzy definition. In practice I would recommend taking the safe road and age gating for games. Again, I am not a lawyer.
Edit: I read the complaint and Epic was explicitly marketing to ages 10+, so this wasn’t at all fuzzy for them.
Sensible defaults are a good enough start and many regulations like this are based around best efforts , not absolute perfection.
I was signing up for all sorts of things when I was a kid. Nothing bad by any stretch of the imagination but I knew when they asked "are you 13" you just click "yes" and you're good to go.
Seems like a "feel good" solution that will collectively waste thousands of hours. I don't see why this is required, quite honestly.
Yeah it’s easily defeated but so is wearing seatbelts when you drive.
This is a similar selection effect to misspelled Nigerian prince emails, so I'd say it's a pretty good mechanism actually.
When you go to the shop to buy alcohol you need to show an id. So, adults are free to buy alcohol but not children. Why is this any different?
I understand that the problem comes from the amount of chat abuse in on-line communities. It not just swearing but the constant harrasement as soon as someone is losing a match, or even if they are winning.
I understand your concerns, but ignoring the chat problem paints a partial picture of the situation.
This war on "toxicity" at the expense of basic communication is insane, the match ends and it all supposed harassment ends.
Online gaming where the only communication between players is jumping and canned voice lines is a wildly different experience.
As for voice chat, I guess it would make sense to put children and minors in age appropriate lobbies? That way they can just talk to each other.
It's generally the ones that have children in them that get toxic - I would guess because children have less developed social filters and act out their negative emotions more readily than adults.
That is the problem. Kids are learning from each other to be harmful and hateful as there is no consequences for that behaviour. In other spaces they will be called out by adults, but game chats become a learning place for the worst behaviours at the same time that this games are rated as "apt for children". Rate them 18+ or kill the chat, it is all about not lying to buyers.
It's actually probably the same problem drivers face. When driving, your brain kind of ignores that other normal humans drive the other cars, and therefore you are extremely judgemental of their actions, because you expect them to be perfect. This is why so many people road rage.
Or you use the social graph to infer age: somebody who mainly plays with 10 year olds is probably also about 10. If they claim to be 20, require an id anyway.
Non-gaming companies deal with this all the time. It's annoying, but shouldn't require blazing any new trails.
All anyone cares about is covering their own ass, so it'd solve that issue, but it would have neglibile effect on anything real.
Source: Used the internet when I had to lie to every site about being over 13, so lied to every site about being over 13. Also vrchat requires being 13+, and boy, does 'requiring' it not accomplish anything at all.
I get its just trying to shift the burden onto the parents and the "lying child" but at the end of the day it just seems like it would collectively waste so many hours.
IMO, I just feel like it wastes too much time to justify itself. Hundreds of thousands of hours spent on a solution that relies entirely on the (unreliable) respondent.
Yes, we all know kids lie when they see the age verification, but the presence of age verification moves the liability away from the developer/publisher and onto the parents/guardian of the underage kid.
Obligatory IANAL.
No need for a photo ID, Epic is also under fire for the amount of data it already collects from children. They are well aware who is playing. [1]
[1] https://www.ftc.gov/business-guidance/blog/2022/12/record-se...
> Voice chat is a staple of online games. Having a core feature included in a game by default is common sense.
It is so common sense that many games have minute long sections where it is outright impossible to mute trolls because the controls for voice chat aren't always accessible. Quite sure Fallout 76 didn't have any controls for it at all when it came out. The only choice in that case is to mute sound permanently, which is fucking stupid.
> Having a core feature included in a game by default is common sense.
I rarely use voice chat and the build in one even less. Call me old fashioned but I often just use a team speak server when playing with friends - once it works, it works for all games.
* Not a lawyer
It’s kind of like that musk thread from yesterday where a bunch of people showed up to defend the policy of banning links. If someone makes a rule, there will always be someone else who thinks it’s a good idea.
As someone who grew up on roleplaying games when I was about 13, and had lots of exposure to the adult side of life, I’m with you. It’s totally lame that the government is trying to regulate this.
How is playing games online where you can communicate with random people across the world without any sort of parental supervision possibly a good idea?? And why is it someone else's problem?
I don't mean this rudely, but how about actually doing some parenting?
I used to work with a guy who said the schools should be doing more to make children behave better, as if he was somehow absolved of any input. Absolutely baffling.
It helps to remember that life is complicated and there are limitless factors that can contribute to a family dynamic. Growing up my parents barely knew what the internet was and just associated it with "the computer". They attuned it as a "toy" and nothing serious. This allowed me unfiltered access to anything that was on the internet at the time.
You'd hope today's parents are more knowledgeable but I bet the majority of parents are just trying to get by and aren't ramped up as to how everything works today. They may be pressured to go with the technological flow head first due to society without fully knowing or controlling everything.
Anyways, back to my point, telling someone to "go parent right", especially as a non-parent, maybe you can approach it better.
And my main point that supervision and parenting go hand in hand doesn't require me to be a parent to know that, in the same way that I know that a handsaw can be dangerous yet I am not a carpenter. You don't need to be Parent of the Year or a genius to know that leaving children unsupervised with something can go very badly, like leaving them to play with plug sockets... My parents didn't need to get to their second child to learn that - it's obvious.
I'm not sure how else I could possibly word it to make such an obvious point more palatable, even though I am no expert in parenting. (I do have cats though and I know not to leave ANYTHING out because they wreck it.... That also doesn't take much to work out even if you don't own cats!)
Despite all my problems with Epic, I agree with OP here. This should not be Epic's problem. This is a problem for parents/guardians and the ESRB/PEGI. The ESRB and PEGI rated the game for 13+ and 12+ respectively, which I'd argue is appropriate, so IMO it should be entirely a problem for the parents/guardians.
If Epic had some form of age verification in place, past that point it's the parents'/guardian's problem whether the kid lies or the kid asks them to give their authorization. The liability ball would be in the parents'/guardian's court.
It's why all software and websites that handle data coming from underage kids always verify age or straight up don't handle that data (eg: Youtube Kids videos' comments, the lack thereof) at all.
Obligatory IANAL.
Translated to english this means they were marketing to 6-14 year olds.
Welcome to HN. Scratch that, welcome to left wing politics. No, scratch even that, welcome to modern politics in general. It started with the milennial generation and it isn't getting much better. What has been achieved with race/gender gets overshadowed with excessive goverment overreach that is often expected and not protested enough (that's the worst part). One could get easily painted as some kind of an anarchocapitalist nut job for even suggesting such a thing just a couple of years ago. Then covid happened. Daddy government save us. Anyone not 100% on board with absolutely ridiculous government invasions into personal (and business) freedoms and all the absurd rules and regulations was not only a bad, irresponsible person, but was literally killing grandma. Mask don't work. There are many studies now (and it's not like we didn't know this two years ago) that clearly show they don't work. Everyone knows it makes no sense for a mask intended for dust protection to stop virions of a largely airborne virus, let alone a reused mask, let alone a mask you constantly touch, adjust and throw around, let alone indoors where you're breating in each others recirculated lung air... Buuuuuuuut the goverment daddy said a mask is required so everyone needs to wear a mask or deserves fucking prison or something.
https://www.ftc.gov/business-guidance/resources/childrens-on...
https://recroom.zendesk.com/hc/en-us/articles/4426900227735-...
But this is basically the button press the GP was talking about, during sign up (which can be separate from the main sign up on the same device) the kid just says they were born in 1912 and now the mic works. Yes it's compliant with the law but it's the same problem GP was actually talking about - there is no real verification.
Having parental controlled accounts is a nice feature in general though, regardless of the legal requirements. Ultimately things like this come down to making good parenting easier and that can help.
So nothing is stopping them from purposefully getting a chat activated account, that's the point.
Can you quote it please, because I find that surprising.
> The FTC’s $275 million proposed settlement with Epic Games, owner of Fortnite, alleges the company violated the law by collecting personal information from kids under 13 without parental consent and by enabling voice and text chat by default
https://www.ftc.gov/news-events/news/press-releases/2017/10/...
You know, alcohol, weed, and porn companies have managed just fine with user affirmations.
That the FTC would know there is no reasonable way would be a strong indicator it is indeed not a reasonable law. The default is definitely why Fortnite got fined, and is a reasonable reason to be fined, but it doesn’t make the law somehow effective it just makes Fortnite wrong for intentionally violating the law. I.e. they should have be fined but not because the law protects children effectively rather it’s not up to them to decide if it does on their own.
Changing the default will certainly reduce the number of kids who are subject to toxic game chat. FTC knows it, I know it, you know it, and Epic knows it.
perfect is the enemy of good here, the other poster is arguing that because it's not perfect and is easily circumvented that it will have no effect, and, as you said, we all know this isn't true.
Once you climb out of the beginner ranks, literally everyone has found the communication settings and has adjusted them to their preferences.
I agree that most of the time, people don't change defaults. But isn't true for team games in my experience.
For the record, I’m pro games and against pearl clutching game ratings and “for the children” style laws, but I’m also not very sympathetic to big companies profits being a motivation for our lawmakers.
Fortnite was too blatant with it by doing this with all accounts including ones that had entered young ages but that doesn't mean other apps that follow the entered age are accurate it just means they aren't likely to get fined. Which sure - still fine Fortnite. Knowingly breaking a law because you want to doesn't make you exempt from the law even if the law is useless in practice.
I'd personally like if the law could be made into something more meaningfully verifiable I just don't think there is a reasonable way to do so. E.g. the UK has an opt-in requirement at the ISP level for porn access because "I am 18+" buttons weren't actually doing anything but making a legal bypass. Yet it's both a ridiculously bad solution and still easily worked around anyways.
That seems to be a trivial solution to the problem here.
In this case there is a small amount of work required of Epic to enable the law to be enforced in the ecosystem. Without that work to add profiles and enforce ages in the game, the OS/platform cannot enforce either. So it’s obviously moving things towards compliance to ding Epic here.
I shouldn’t have to go to the settings for every single game to find out if some random fucker is going to hear me crunching on chips.
So if you are making a Lego game, you’ll need to comply, but if you are making “Murder Sex Drugs III” then you won’t.
I'd preorder that game in a heartbeat.
I played a lot of Destiny, and it doesn't (didn't?) have voice chat. No problem. I also played a lot of Overwatch, which has voice chat that I didn't use. No problem. When I wanted to queue up for ranked, I would join a group and we would turn on voice chat. Also no problem.
I'm not sure why your position is "children should have to opt out of voice chat". Why not "adults have to opt in to voice chat"? After all, it's single button press?
I mean, if it's just turned off by default under the plain meaning of words... just turn it off for everyone by default, and if you want to listen to children calling you racial slurs, you can turn it on. No need to collect ages.
Otherwise, I've never seen much more than asking for your birth year to determine age, so it only affects children who can't figure out how to lie about their age. A skill that I've seen develop in minutes within the right framework.
The game industry loves the mainstream ignorance on this issue. Epic conveniently omits the fact from parents giving their kids Fortnite bux that their 11 year old kid is directly talking with adults twice their age.
Seems like there are lots of ways to confirm age, with various levels of sophistication and thoroughness. I think it’d be easy to improve on the status quo of a flat zero.
Default mic/camera etc. off - they can provided a nice little popup and have us turn it on.
Because companies will always push boundaries and cross the line, we need legislation unfortunately and can only hope the legislators don't fuck it up.
I don't like the idea of legislation requiring such a thing though.
It'd be nice to have 'best practices' oversight instead of lawyers but we're not that sophisticated yet.
And we don't really have a way of contemplating 'scale' aka once companies reach a certain size, their impact is greater and we have to be more careful.
It's exceedingly nuts to me that I would start doing something and all of a sudden random strangers could hear me or interact with me.
Default off for everyone, probably by law.
Anyone can just turn the default to be 'on' it's not a big deal.
> That lawsuit also accused the company of illegally enabling real-time voice and text chat communications for children and teens in the game by default.
So voice chat must now be turned off by default for all children across America? How on earth is this supposed to be policed? Should everyone playing a game be required to upload ID? And what is the gate between on and off by default? A single button press?
This one doesn't make any sense to me. Voice chat is a staple of online games. Having a core feature included in a game by default is common sense.