For those of you who aren’t avid WWE wrestling watchers, the 3 leading presidential candidates all offered up videos for the professional wrestling crowd recently. McCain’s freakish one is right below and Hillary and Obama’s are down below the fold. They all cracked a bunch of jokes and used what were obviously scripted remarks that integrate in the requisite number of wresting analogies. And they all talked all sort of stupid smack, just like pro wrestlers do. [It reminded me of former candidate Mike Huckabee’s bizarre cultural politics].
Don’t judge a book by its cover (or its title, for that matter). I’m usually faithful to that maxim, but I must admit that when I first saw the title and cover of “Grand Theft Childhood: The Surprising Truth About Violent Video Games and What Parents Can Do,” I rolled my eyes and thought to myself, “here we go again.” I figured that I was in for another tedious anti-gaming screed full of myths and hysteria about games and gamers. Boy, was I wrong. Massively wrong.
Lawrence Kutner, PhD, and Cheryl K. Olson, ScD, cofounders and directors of the Harvard Medical School Center for Mental Health and Media, have written the most thoroughly balanced and refreshingly open-minded book about video games ever penned. They cut through the stereotypes and fear-mongering that have thus far pervaded the debate over the impact of video games and offer parents and policymakers common-sense advice about how to approach these issues in a more level-headed fashion. They argue that:
Today, an amalgam of politicians, health professionals, religious leaders and children’s advocates are voicing concerns about video games that are identical to the concerns raised one, two and three generations ago with the introduction of other new media. Most of these people have the best of intentions. They really want to protect children from evil influences. As in the past, a few have different agendas and are using the issue manipulatively. Unfortunately, many of their claims are based on scanty evidence, inaccurate assumptions, and pseudoscience. Much of the current research on violent video games is both simplistic and agenda driven. (p. 55)
They note that these groups, “probably worry too much about the wrong things and too little about more subtle issues and complex effects that are much more likely to affect our children.” They continue:
I have just released a new PFF white paper on “The Perils of Mandatory Parental Controls and Restrictive Defaults.” It points out the dangers of government mandating that parental controls be defaulted to their most restrictive position. I’ve gone ahead and just pasted the entire text below (but without the footnotes):
_______________
During ongoing debates about parental controls, ratings, and online child safety, there have occasionally been rumblings about the possibility of requiring that media, computing and communications devices: (1) be shipped to market with parental controls embedded, and possibly, (2) those controls being defaulted to their most restrictive position, forcing users to opt out of the controls later if they wanted to consume media rated above a certain threshold.
Imagine, for example, a law requiring that every television, TV set-top box, and video game console be shipped with on-board screening technologies that were set to block any content rated above “G” for movies, “TV-Y” for television, or “E” for video games, which are the most restrictive rating designations for each type of media. Similarly, all personal computers or portable media devices sold to the public could be forced to have filters embedded that were set to block all “objectionable” content, however defined.
If “default” requirements such as this were mandated by law, parents would be forced to opt out of the restrictions by granting their children selective permission to media content or online services. In theory, this might help limit underage access to objectionable media or online content. Such a mandate might be viewed as less intrusive than direct government censorship and, therefore, less likely to run afoul of the constitution.
For these reasons, such a proposal would likely have great appeal among some policymakers, “family” groups, child safety advocates, and parents. But mandating parental controls and restrictive defaults is a dangerous and elitist idea that must be rejected because it will have many unintended consequences and not likely achieve the goal of better protecting our kids. Continue reading →
Today and tomorrow I am attending a terrific conference at Penn State University called, “Playing to Win: The Business and Social Frontiers of Videogames.” It features panel discussions about various legal and business issues facing the video game industry, as well as discussions about how video games are used to aid teaching and learning. There are also panels on multiplayer online worlds and virtual reality environments and the issues surrounding both. [They will apparently be posting videos from the conference on their site shortly.]
The folks at PSU were kind enough to invite me to deliver the luncheon keynote on Day 1 and I decided to provide a broad overview of the policy issues facing video games that I have covered in some of mypast work. My presentation was entitled, “Video Games, Ratings, Parental Controls, & Public Policy: Where Do We Stand?” and the entire 36-slide presentation is now available online here. Down below, I thought I would just outline a couple of the key themes I touched upon in my presentation.
This week over at Net Family News, my friend Anne Collier interviews Dr. Jerald Block, a psychiatrist in Portland, Ore., who has worked with patients suffering from Internet or video game addiction. Dr. Block has developed this mnemonic to identify the ‘SIGNS’ that kids or adults may be on the road to Net or gaming addiction. “If one or more of these questions are answered ‘yes’ AND the person is having interpersonal problems, he/she is at risk,” says Dr. Block. Sadly, I find I am clearly suffering from several of these symptoms. Are you?
_____________ S = Sleep cycle is consistently advanced. Goes to sleep later and wakes later or is tired in the morning.
I = Irritable when not on the computer. Preoccupied thinking about the computer and their activities there (sex, gaming, browsing, tuning the system up, etc.). Can become enraged if told to stop using.
G = Guilty about his/her computer use so tries to hide evidence of 1) game/porn purchases, 2) online activities (deletes cache, uses encryption/passwords, etc.), and 3) logs on secretly, etc.; 4) defensive when confronted.
N = Nightmares. Dreams about his or her gaming/computer use.
S = Social dropouts – people who become more isolated by their computer use. This is seen when there is a consistent pattern of sacrificing real-life relationships to preserve virtual ones. Alternatively, seems to prefer living in virtual worlds more than their real one. These people become NEETs: ‘Not in Employment, Education, or Training.’
GamePolitics.com reports on a murder trial in Alabama in which the attorney for a disturbed teenager is blaming video games for his barbaric behavior:
The lawyer for a man being tried for murder is trying to convince an Alabama jury that the defendant believed he was acting out a video game when he murdered an 80-year-old man on Halloween, 2005.
As reported by the Decatur Daily, Andrew Reid Lackey, 24, does not dispute that he stabbed, shot and gouged out the eye of his victim, Charlie Newman. However, Lackey’s attorney, Randy Gladden, is pointing the finger at video games. From the newspaper report:
Actions that led to a deadly confrontation between a defendant and an 80-year-old widower resembled a video game to the accused… [Attorney] Gladden described Lackey… as a computer geek who had immersed himself in video games and lived in “a different world than you and I.”
Tapes of a 911 call made by the victim during the fatal confrontation, however, indicate that old-school greed may have been the motive. Lackey is heard to demand of the victim, ”Where’s the vault?” seven different times. Charlie Newman’s grandson had previously told Lackey that the victim kept a large sum of money in a vault under the stairs. However, no such vault existed.
It’s just disgraceful–but perhaps not all that surprising–that this desperate defense attorney would employ tactics like this. Video games have become the universal excuse du jour for violent behavior. It’s absurd for all the reasons I have pointed out here before. It’s abundantly clear that old fashion greed and a disturbed mind motivated this particular crime, and if you think that sort of thing didn’t happen before video games came along, then you just haven’t read any history. Of course, they instead just blamed movies, comics, and books for the crimes back then! There’s always someone else or something else to blame. It’s the never-ending search for a universal scapegoat for irrational or criminal behavior. The twisted logic = Don’t blame the individual, blame the media.
Tom Bell–who I regarded as the the equivalent of my Jedi master in the mid-90s–suggested in a post earlier today that:
“Copyright holders thus understandably fear that their customers have begun to treat expressive works like common property, free for all to use. That, the specter of copyism, does risk upsetting copyright policy, leading to a market failure in the production of expressive works. Even as we recognize that threat, however, we should also appreciate that technological advances have greatly reduced the costs of creating and distributing new works of authorship. Thanks to that deflation, we can increasingly count on authors who care little about the lucre of copyright — blockheads, as Samuel Johnson called them — to supply us with original expressive works.”
As his once lowly Padawan learner, I know to be cautious when questioning my old master’s wisdom. But I must humbly ask: How, dear master, does a video game this frickin cool and complex get created in a world devoid of serious copyright protections? It’s a question I have asked before here and I have never received an answer that satisfied my fear of losing some of the truly great content that gets created only because of the protections afforded by existing copyright standards.
I await your enlightenment, my master. Because I can’t imagine many “blockheads” providing us with expressive works like this without some sort of guarantee that their creative efforts will not be completely expropriated.
[More videos of “Star Wars: The Force Unleashed” can be found here.]
If the comments of some lawmakers and video game critics were any guide, the public would be led to believe that most video games are filled with explicit violence or sexual themes. But that’s a myth. The fact is, as I pointed out in my 2006 PFF study “Fact and Fiction in the Debate Over Video Game Regulation,” the vast majority of video games are appropriate for young kids. That is, the majority of video games are rated “E” for “Everyone” or “E 10+” for “Everyone 10 and older” by the Entertainment Software Rating Board (ESRB).
I decided to put together an updated chart illustrating this fact in preparation for a keynote address I will be delivering at a Penn State University conference in early April entitled, “Playing to Win: The Business and Social Frontiers of Videogames.” Here is the breakdown of ratings by major category from 2003-2007.
Anthony Prestia of Laws of Play, a blog dedicated to covering legal developments in the gaming industry, somehow got some face time with Supreme Court Justice Scalia and was able to ask for his feelings concerning the constitutionality of recent state video game legislation. “In particular,” Prestia says, “I asked him whether as an originalist he believed that state laws banning the sale of mature-rated video games to minors ran afoul of the First Amendment.” Here’s Prestia’s summary and analysis of Scalia’s answer:
In his most succinct reply of the day, Justice Scalia replied that he did believe such legislation was constitutional. He began by explaining his belief that sound constitutional precedent holds that minors may be subjected to prohibitions that adults are not–-he instantly drew the parallel to regulation of pornography sales. However, Justice Scalia emphasized that unprotected speech, such as obscenity–which he was unwilling to define for reasons that are immediately evident to any constitutional scholar–-can be prohibited from sale regardless of the purchaser’s age. I think the important thing to note here is that Justice Scalia did not suggest that violent and/or sexual content in games rises to the level of unprotected speech. In fact, he did not even suggest that video games themselves are not protected by the First Amendment despite his strict originalist beliefs.
That’s an interesting response in that Scalia’s latter comments imply that even older, more conservative judges are coming around to understanding how video games are a form of artistic expression deserving the protection of the First Amendment. But Scalia’s earlier suggestion that state laws banning sales of certain video games to minors maybe constitutional deserves a response.
Everybody loves to blame the media for the woes of the world. Is your candidate losing? Blame the media. Is the war in Iraq not going the way you want? Blame the media. Is the economy slowing down and heading into recession? Blame the media.
Indeed, one of the entertaining things about being a media policy analyst is that you get to hear various media critics say the most outlandish things about the role of media in our society. And that’s not just the case for news; it’s even truer for culture and entertainment, of course. There’s never been a shortage of self-appointed culture cops in our society who want to tell us that they–or at least some benevolent ruling class acting on their behalf–are in the best position to dictate standards of decency and quality entertainment. And sometimes the antics of such critics are as entertaining as they are outrageous.
Take this recent press released by Concerned Women for America entitled, “Oh, Be Careful Little Eyes What You See: The Influx of Broadcast Indecency.” So desperate are they to expand the scope of government regulation over media that they’ve now resorted to equating broadcasters to murderers and thieves: “If we allow the networks to set the standards of public decency, isn’t that like allowing the criminal to decide what’s illegal?”
Seems a bit over-the-top to me, but let’s try to answer that question by answering another question CWA sets forth in their press release: “Who decides the standards by which we protect our children and ourselves from indecent broadcasts over the public airwaves?”
That is an excellent question, and one that I have devoted much of my life’s work to answering. What CWA is implying in that question is that if the government does not set “standards” to protect society from “indecent broadcasts,” then society will essentially descend into a nihilistic moral abyss. Only by empowering regulators to police “the public airwaves” can we restore and defend moral order.
This assertion is incorrect on multiple counts. I could focus on the constitutional challenges associated with defining “indecent” and “moral” content in a pluralistic society such as ours. Or I could focus on the practical considerations of regulating broadcasters uniquely in our multi-media, multi-platform world. But I would rather focus on that “Who Decides?” question set forth by CWA in their essay, because that’s what is really at the center of all these debates. And here’s the way I counter that logic in my book on “Parental Controls & Online Child Protection”:
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology. Learn more about TLF →
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.