[HN Gopher] Epic Games to pay $520M to resolve FTC allegations
       ___________________________________________________________________
        
       Epic Games to pay $520M to resolve FTC allegations
        
       Author : jmsflknr
       Score  : 140 points
       Date   : 2022-12-19 13:49 UTC (9 hours ago)
        
 (HTM) web link (www.wsj.com)
 (TXT) w3m dump (www.wsj.com)
        
       | deafpolygon wrote:
       | Shitty company gets caught doing shitty things. Not surprised.
        
       | ur-whale wrote:
       | https://archive.ph/V3NQ5
        
         | some_furry wrote:
         | Thank you!
        
       | Gareth321 wrote:
       | I'm fine with Epic getting financially reprimanded for dark
       | patterns and anti-consumer behaviour. I am not on board with
       | this:
       | 
       | > 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.
        
         | hourago wrote:
         | > So voice chat must now be turned off by default for all
         | children across America? 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?
         | 
         | 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.
        
           | stevehawk wrote:
           | what was "the chat problem" ?
        
             | Spivak wrote:
             | The fact that online gaming chat is _really really toxic_.
             | It 's one of those things where christian mothers were
             | right about video games but wrong about why. It turns out
             | that artificial violence and guns and sex aren't some big
             | corrupting influence but hanging around assholes for the
             | majority of your leisure time and social activity
             | absolutely is.
             | 
             | Online gaming where the only communication between players
             | is jumping and canned voice lines is a wildly different
             | experience.
        
               | mardifoufs wrote:
               | Or maybe this is exactly the same as those christian
               | mothers, in the sense that it's "think of the children"
               | hysteria from modern day puritans?
        
               | ThisNameNotUsed wrote:
        
               | mardifoufs wrote:
               | I get what you are saying, but I was more talking about
               | the weird "it's different when we do it" that I got from
               | the comment I was replying to. It's weird to distance
               | yourself from that "video games bad" (because it's been
               | mocked to death) craze while using the same arguments and
               | tactics.
               | 
               | 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.
        
               | Spivak wrote:
               | Oh no, it's "this shit is bad for absolutely everyone
               | regardless of age and in some cases worse for adults,
               | particularly young men, but it's politically infeasible
               | to do anything to stop it once people turn 18."
        
               | devmor wrote:
               | I don't share your experience at all. In fact the the
               | majority of online gaming chats I've been in have been
               | relatively enjoyable and low drama.
               | 
               | 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.
        
               | hourago wrote:
               | > It's generally the ones that have children in them that
               | get toxic
               | 
               | 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.
        
               | stevehawk wrote:
               | The irony is that the people I find to be most toxic in
               | video games are the children. To the point that in a lot
               | of "Looking for Group" Discord channels you see people
               | saying "18+ only".
        
               | mrguyorama wrote:
               | It's almost like people without fully developed brains
               | don't have very healthy social interactions in a giant
               | soup of similar kids who don't know how to have healthy
               | social interactions and the 4chan-ness of it just
               | encourages being as angry and toxic as possible.
               | 
               | 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.
        
           | dbfx wrote:
           | Somehow that wasn't an issue the last two decades, comparing
           | it to alcohol is absurd, you dont go to the epic cornerstore
           | and talk to the epic fortnite clerk to unlock voice chat.
           | 
           | This war on "toxicity" at the expense of basic communication
           | is insane, the match ends and it all supposed harassment
           | ends.
        
             | HDThoreaun wrote:
             | Children in voice chat has been an issue for decades, maybe
             | you just didn't notice?
        
         | jsnell wrote:
         | You ask the users for their date of birth on signup, don't tell
         | them that it will be used for age-gating features (to avoid
         | incentivizing lying), and don't allow the date to be changed
         | without some kind of age verification.
         | 
         | 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.
        
           | breezeitall wrote:
           | So are we all forced to have a signup at the start to not get
           | sued? Can't just have a mobile/browser game that tracks basic
           | data?
        
             | Dalewyn wrote:
             | It is federal law that taking _any_ data from children
             | under 13 requires prior authorization from the parents
             | /guardian. If your code takes any data, you must verify the
             | end user's age and, if they are underage, provide a way for
             | the parents/guardian to contact you for giving
             | authorization.
             | 
             | 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.
        
           | ApolloFortyNine wrote:
           | 10 year olds aren't as dumb as you're assuming here, they'd
           | either make a new account, or have already been been putting
           | an 18+ birth date for years.
           | 
           | 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.
        
             | PurpleRamen wrote:
             | It doesn't matter whether some will circumvent the age-
             | gate. The company made an attempt, and enough kids are
             | blocked by it, this is a good enough for the law, at the
             | moment. But Epic is not willing to even walk this short
             | way...
        
               | [deleted]
        
             | HDThoreaun wrote:
             | You're saying this like it's bad but I'm not sure it is. If
             | kids want to use voice chat they can, all they have to do
             | is lie about their age. Default off for children is a good
             | policy, and allowing them to get it around it with some
             | effort probably is too. Seems like what's important here is
             | that unsuspecting children aren't thrown into voice chat
             | and immediately called the n word or something. If the kids
             | are prepared to be bullied then they can go ahead with
             | voice chat.
        
             | TheBrokenRail wrote:
             | Yeah, Google thinks I'm 31 years older than I actually am.
        
             | emodendroket wrote:
             | We all know this can be bypassed but it is still the
             | strategy pursued by a lot of services where some or all
             | content is not appropriate for kids.
        
         | freejazz wrote:
         | So, you are against any laws relating to the internet and
         | children?
        
         | josefx wrote:
         | > How on earth is this supposed to be policed? Should everyone
         | playing a game be required to upload ID?
         | 
         | 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.
        
         | paxys wrote:
         | What's wrong with keeping voice chat off by default? That is a
         | sensible approach for everyone, not just kids.
        
           | jasmer wrote:
           | Exactly. It's extremely intrusive to have some random fool
           | listening in on my own household, when I may be unaware.
           | People have no idea how technology works, even smart people.
           | 
           | 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.
        
         | toast0 wrote:
         | > 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?
         | 
         | 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.
        
         | alex_sf wrote:
         | I'm not super familiar with the details of the case, but I'm
         | familiar with Fortnite since I play it with my son. We
         | frequently find voice chat being turned back on at startup,
         | despite us turning it off. Maybe that's what they are referring
         | to, somewhat sloppily?
        
         | aaomidi wrote:
         | Can they please turn it off by default for everyone?
         | 
         | 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.
        
         | tyleo wrote:
         | I don't know what the big deal is with people in this thread
         | saying, "bah, this is impossible" but I work on a COPPA
         | compliant game and "chat off for kids by default" is a standard
         | or < 13 cannot play your game (my understanding, IANAL).
         | 
         | https://www.ftc.gov/business-guidance/resources/childrens-on...
        
           | zamadatix wrote:
           | How are you verifying age? The "this is impossible"s are
           | about it being accurate on age not the disabling of chat once
           | you have an accurate age. The point being the law is useless
           | theatre that does nothing to prevent kids from using it but
           | annoys everyone else anyways.
        
             | ethanbond wrote:
             | So just set it to off by default for everyone? That seems
             | like a pretty pragmatic and very non-theatrical
             | improvement. Of course it will have to contend with the
             | theatrics of gamers whining about the immense hassle of a
             | one-time settings change to enable voice chat.
        
               | zamadatix wrote:
               | How does this prevent children from enabling voice chat?
        
               | ethanbond wrote:
               | The FTC's statement specifically says the issue is that
               | it was on _by default._ Not that it could possibly be
               | turned on by a child.
               | 
               | > 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_
        
               | zamadatix wrote:
               | The law is that <13 can not be voice recorded without
               | parental consent, the way Fortnite broke this was by
               | having it on by default. This does not mean the only way
               | to break this is by having it on by default it's just
               | what Fortnite was doing.
               | 
               | https://www.ftc.gov/news-events/news/press-
               | releases/2017/10/...
               | 
               | Even if "by default" was the law though that would seem
               | to make things even more theatrical and less pragmatic
               | anyways.
        
               | ethanbond wrote:
               | Right but could it possibly be the case that FTC knows
               | there's no reasonable way to validate ages, and they'd
               | _not_ go after companies for  "affirm you're not <13
               | years of age" so long as they make a reasonable effort to
               | prevent it, or _at least not set the default to be in
               | clear violation of the law?_
               | 
               | You know, alcohol, weed, and porn companies have managed
               | just fine with user affirmations.
        
               | zamadatix wrote:
               | "I am 18+" is a well known joke as well and you can't get
               | purchased alcohol/weed without ID before it shows up
               | (well, legally) because that's when people realized they
               | need a real measure not a fake one for show.
               | 
               | 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.
        
               | ethanbond wrote:
               | I don't even know what point you're trying to make now.
               | 
               | 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.
        
               | [deleted]
        
               | burnished wrote:
               | I think a difficulty here is that a lot of responders are
               | imagining that all children are the same precocious 13
               | year old they were -forgetting the trusting 8 to 10 year
               | olds they also were, and they are doing that thing where
               | the edge cases start to dwarf the primary purpose in
               | their minds.
        
               | ethanbond wrote:
               | Yeah apparently on the one hand, setting the default to
               | Off would absolutely clobber Fortnite's engagement
               | metrics and the law is unjust for this. On the other
               | hand, setting the default to Off would not make a dent in
               | children's usage of this product and therefore the law is
               | useless.
        
               | devmor wrote:
               | "Off by default" is also a great way to make sure your
               | feature is not used by the vast majority of people. It
               | could easily lead to user attrition for new players
               | looking for a social experience as well.
        
               | jakevoytko wrote:
               | For what it's worth, games like Dota 2 already default
               | all communication on new accounts to "off". It's a rite
               | of passage for new players to play some games and realize
               | they haven't heard anyone say anything. Then they find
               | the setting and realize they're being relentlessly flamed
               | for being new.
               | 
               | 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.
        
               | whateveracct wrote:
               | Ah yes, the classic "privacy/security/compliance hurts
               | our funnel" argument. Said as if the former aren't more
               | important than the latter.
        
               | ethanbond wrote:
               | Ah yes, the ol' "lower user engagement versus non-stop
               | racial slurs piped into the ears of the 13 year olds you
               | just marketed your highly addictive game to" dilemma
        
               | HDThoreaun wrote:
               | Maybe getting social experiences from places other than
               | fortnite is a good thing?
        
             | lkramer wrote:
             | There are multiple ways, but considering they own a company
             | that is supposed to do this as a service, failing to do
             | this for the own biggest game seems a bit weak.
             | 
             | https://www.superawesome.com/
        
               | zamadatix wrote:
               | SuperAwesome KWS is another click button "verification"
               | solution. Being interested in selling ads in a COPPA
               | compliant-enough way isn't the same thing as making COPPA
               | verification accurate/more than theatre.
               | 
               | 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.
        
               | RC_ITR wrote:
               | Amazing the contradictory thinking people have about
               | "it's impossible to know a child's age" vs. "it's totally
               | fine and reasonable that Google knows you're pregnant
               | before you do".
        
             | ryandrake wrote:
             | I'm not a lawyer, but does the law require 100% un-hackable
             | accuracy? Not the law as-written, but as-enforced? Has
             | anyone been successfully penalized because they failed to
             | catch one under-13 year old who said "Yes" to a dialog?
             | Most sites I've seen either ask for your birth year or your
             | age, and trust what the user says. If that's enough to be
             | in compliance, why would any company make it more
             | complicated? It's like if you've ever visited an alcohol
             | company's web site, they ask "Are you 21?" and if you say
             | yes, that's all they care about.
        
             | tyleo wrote:
             | Here is a link to our support site which provides more
             | information:
             | 
             | https://recroom.zendesk.com/hc/en-
             | us/articles/4426900227735-...
        
               | zamadatix wrote:
               | Love Rec Room :)
               | 
               | 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.
        
               | TedDoesntTalk wrote:
               | I think the idea is that parents are supposed to create
               | accounts on Epic and Steam, not children. The parent
               | selects the correct age during account creation.
        
               | temprose wrote:
               | What's stopping the kid from making a new account though?
               | Knowing myself, I did similar things as a child
               | especially since my parents were not very tech literate.
        
               | robertlagrant wrote:
               | Exactly. It's a well-armoured safe door on a safe with no
               | sides.
        
               | HDThoreaun wrote:
               | 100% stopping kids in voice chat isn't the goal. Stopping
               | kids from accidentality joining voice chat is.
               | 
               | So nothing is stopping them from purposefully getting a
               | chat activated account, that's the point.
        
               | TedDoesntTalk wrote:
               | Voice chat without parental approval is less likely to
               | happen if the device is in public space in the residence.
        
           | sieabahlpark wrote:
        
         | blueboo wrote:
         | Voice chat has been a "staple" but it's consistently a torrent
         | of abuse in the most mainstream games for almost two decades
         | now. God help you if your voice presents female.
         | 
         | 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.
        
         | bushbaba wrote:
         | voice chat will simply move to 3rd party apps, Suchas discord.
        
         | _fat_santa wrote:
         | Epic could add a dose of CYA here. Disable voice and text chat,
         | and put the enable switch behind a "for 18+ only" or something
         | like that and have them confirm their birthdate. Not that it
         | would actually stop minors from bypassing this by clicking
         | through the prompt and entering a fake age. But this would
         | allow Epic to argue to the court that they are doing more than
         | their competitors to verify that children are not using
         | voice/text chat and that requiring them to go further would be
         | unfair.
         | 
         | * Not a lawyer
        
           | TheBrokenRail wrote:
           | When we get into situations like this, you do have to
           | question if the law requiring it is just plain silly.
        
             | Workaccount2 wrote:
             | Thinking about it, I can't blame the FTC for requiring it
             | even if it is laughably stupid. If their mandate is "Do the
             | best you can", putting in some obstruction to kids voice
             | chat is better than nothing. Even if it only prevents
             | 0.00001 more kids from using voice chat, their mandate is
             | to choose that over 0.
        
         | sillysaurusx wrote:
         | Amazing how many people in this thread want to run to the
         | government to solve the problem.
         | 
         | 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.
        
           | ThisNameNotUsed wrote:
           | 13 is nothing like 10, or 8. I have nephews playing on their
           | own at 4.
        
             | 72deluxe wrote:
             | I do not have children but I could not imagine my parents
             | leaving me with unfettered access to a TV at age 4. If the
             | Internet had been around, they certainly wouldn't have
             | given me an internet-enabled device and left me by myself.
             | 
             | 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.
        
               | otachack wrote:
               | I'm also not a parent or a teacher. And I try my best to
               | not give parenting advice to actual parents.
               | 
               | 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.
        
               | CivBase wrote:
               | I sympathize with parents, but I can only accept the
               | naivete argument up to a point. It's one thing to be
               | naive. It's another to make your naivete a problem for
               | everyone else. At this point, it is simply not reasonable
               | for a parent to be completely oblivious to the dangers of
               | the internet for little kids.
        
               | 72deluxe wrote:
               | Yes that's a good point that people aren't necessarily
               | clued up on the intricacies of the technology they're
               | liberally giving to their children, but that still
               | doesn't negate actual supervision. It's like handing a
               | handsaw to your child and then wandering off.
               | 
               | 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!)
        
             | CivBase wrote:
             | At some point we have to consider it the
             | parent's/guardian's responsibility to restrict a child's
             | access to any service that provides access to online, user-
             | generated content without supervision.
             | 
             | 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.
        
               | Dalewyn wrote:
               | Translating what FTC is saying to plain English, FTC is
               | saying Epic didn't do enough to move liability away from
               | them (Epic) and onto the parents/guardian. The liability
               | ball was still in Epic's court, so FTC fined them.
               | 
               | 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.
        
               | BryantD wrote:
               | I'd recommend reading the complaint. To my surprise,
               | regardless of the ratings, Epic was explicitly marketing
               | to 10+. Like there are written statements to that effect.
        
               | blitzar wrote:
               | > Epic was explicitly marketing to 10+
               | 
               | Translated to english this means they were marketing to
               | 6-14 year olds.
        
           | uwuemu wrote:
           | > Amazing how many people in this thread want to run to the
           | government to solve the problem.
           | 
           | 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.
        
         | jerrygenser wrote:
         | Can it be off by default but the user can enable it manually?
         | Does it say it's off unless age verified or just off by
         | default?
        
         | ThisNameNotUsed wrote:
         | So just because perfect enforcement is not possible the law
         | doesn't make sense to you? Of the billions(maybe trillions) of
         | interactions on this game this law prevents millions of stupid
         | ones with small children. That's more than enough of a reason
         | for you to click one extra button. Boo boo. Google seat belt
         | law statistics on a similar situation.
        
         | kevingadd wrote:
         | This is also an accessibility barrier for the blind. (To be
         | fair, ADA regulations now require games to include text-to-
         | speech and speech-to-text support for in-game chat to mitigate
         | it.)
        
         | alasdair_ wrote:
         | It's mostly down to who the game targets. If it's clear that
         | under 13 kids will be playing, then COPA rules apply.
         | 
         | 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.
        
         | BryantD wrote:
         | If this is a COPPA issue, you just have to ask for birth year
         | and you're allowed to trust the answer.
        
           | breezeitall wrote:
           | If I have a F2P game on mobile, do I then have to force ask
           | the users age at the start to track things like DAU without
           | getting potentially sued because I was unintentionally
           | without knowing tracking < 13 years?
        
             | BryantD wrote:
             | IANAL. However, my answer to that question would be "it's a
             | good idea."
             | 
             | 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.
        
               | breezeitall wrote:
               | Thank you, that makes sense.
        
           | tyleo wrote:
           | Yeah, I don't know what the big deal is with people in this
           | thread saying, "bah, this is impossible" but I work on a
           | COPPA compliant game and "chat off for kids by default" is
           | absolutely a must.
        
             | dagmx wrote:
             | It's because a lot of engineers get hung up in the "oh
             | there's so many ways to defeat this" mindset, and forget
             | that perfect is the enemy of good.
             | 
             | Sensible defaults are a good enough start and many
             | regulations like this are based around best efforts , not
             | absolute perfection.
        
               | BryantD wrote:
               | Yup. It's both true that the age gate is easy to defeat
               | and that it helps in practice.
        
         | theptip wrote:
         | It's not uncommon for the OS to have an age lock these days (eg
         | iOS) that parents can set, and kids can't unset. Or, the parent
         | can set the age in the console's user profile and the system
         | locks it.
         | 
         | 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.
        
         | danudey wrote:
         | Turn off voice chat by default for everyone. Let people opt-in
         | to the toxicity that is online gaming.
         | 
         | 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?
        
           | wccrawford wrote:
           | I didn't play Destiny, but Destiny 2 definitely has voice
           | chat enabled by default.
        
         | jasmer wrote:
         | Huh? That's the easiest one of all - anything that is privacy
         | invading should be off by default. Most of us are not super
         | aware of what the hell is 'on and off' in this nutty world.
         | 
         | 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.
        
       | impoppy wrote:
       | Hopefully FTC is eventually taking action against Adobe as well.
        
       | AlexandrB wrote:
       | This kind of stuff is just the tip of the iceberg in the gaming
       | industry. I really hope someone takes a close look at gacha and
       | unregulated gambling (e.g. CS:GO skins gambling) soon.
        
       | dagmx wrote:
       | Epic's own PR statement on this is worth a read
       | https://www.epicgames.com/site/en-US/news/epic-ftc-settlemen...
        
         | bioemerl wrote:
         | There are so many immidiate contractions in this thing it makes
         | my head spin.
         | 
         | Like one section here says "no loot boxes since 2019 and never
         | gambling"
         | 
         | Loot boxes are gambling.
         | 
         | "We respect our players by making our game pay to win"
         | 
         | But when we breed a culture of bullying and use behavioral
         | science to get you to purchase cosmetics, that's fine.
         | 
         | Slimy, the whole game industry is slimy.
        
       | josephd79 wrote:
       | Lawyers will make out huge, parents of children tricked will
       | never see a single penny. Plus, that's chump change for a company
       | like Epic Games.
        
         | BryantD wrote:
         | You're not wrong about it being an easy fine to pay. But the
         | meat of this is in the rest of the consent decree; Epic is
         | under a 20 year order to maintain good privacy policies, report
         | on them regularly, use a third party auditor (approved by the
         | FTC), and so on. This is not trivial work and from experience
         | the FTC takes these seriously.
         | 
         | It's corrective justice, not punitive. The FTC is prioritizing
         | prevention of future incidents above making Epic feel pain.
        
         | boeingUH60 wrote:
         | $245 million is earmarked for customer refunds. The FTC has set
         | up a website for players to request refunds...your claim is
         | false.
        
         | jsnell wrote:
         | Lawyers will get nothing. This was the FTC, not a class action
         | lawsuit with lawyers working on contingency.
         | 
         | About half the amount is going to refunds to consumers.
        
       | rvz wrote:
       | Good. It is also time to do the same to TikTok and fine them for
       | abusing the privacy of its users in the billions of dollars.
       | 
       | They have been caught once [0] and have been caught again this
       | year [1] and generally have lied about accessing the sensitive
       | data of it's own users [2], [3], [4]. Clearly the fines in [0]
       | and [1] are extremely low and the fine must increase in the
       | billions since these are repeated privacy violations and haven't
       | learned anything from it.
       | 
       | [0] https://www.nytimes.com/2020/05/14/technology/tiktok-kids-
       | pr...
       | 
       | [1] https://www.nytimes.com/2022/09/26/technology/tiktok-
       | childre...
       | 
       | [2] https://futurism.com/tiktok-spy-locations-specific-americans
       | 
       | [3]
       | https://www.buzzfeednews.com/article/emilybakerwhite/tiktok-...
       | 
       | [4] https://techcrunch.com/2021/06/03/tiktok-just-gave-itself-
       | pe...
        
         | Bombthecat wrote:
         | Fortnite made 4 billion
         | 
         | Each
         | 
         | Year
         | 
         | You think that will change future behavior?
         | 
         | I doubt it.
        
           | rvz wrote:
           | That's the whole point. They can afford the fine, especially
           | in the billions of dollars just like what Facebook has done
           | for repeat violations and it should be the standard fine for
           | billion-dollar companies.
        
           | jasmer wrote:
           | $520M is a pinch, I can assure you it will change their
           | behaviour in some ways.
           | 
           | I worked at a company where this happened, the legal polices
           | that came afterwards were actually prohibitive. We couldn't
           | shit without a lawyer.
           | 
           | CEOs have bosses and they don't like to lose money like this
           | - it's a 'headline' loss as well, making it feel worse.
           | 
           | What remains to be seen is the nature of the change because
           | so often it's just an over/under or 'bad' reaction, rarely do
           | they get it right unfortunately.
        
       | zx10rse wrote:
       | Wait until FTC find about Diablo Immortal.
       | 
       | Really a good start, but if they are serious about doing
       | something they should start looking at other companies too, and
       | put in place big fines if you continue to implement such patterns
       | in your games.
       | 
       | Don't even get me started on loot boxes and their gambling
       | patterns, I have no sympathy for companies using such practices,
       | and they deserve every single fine and a bit more.
        
         | richbell wrote:
         | > Wait until FTC find about Diablo Immortal.
         | 
         | While I'm sure it's been discussed to death already, if anyone
         | isn't familiar with the predatory design of Diablo Immortal I'd
         | recommend this video.
         | 
         | https://www.youtube.com/watch?v=o17lBUZgjTs
        
       | GeekyBear wrote:
       | >Until late 2018, for instance, Epic automatically stored the
       | credit card information for anyone who made a single purchase in
       | Fortnite and didn't require the CVV security information for
       | further purchases. That made it easy for many children to make
       | additional purchases without their parents' consent, according to
       | the FTC.
       | 
       | Epic also drew criticism from the FTC for putting the "Purchase"
       | button for in-game items right next to the "preview styles"
       | button and offering no subsequent purchase confirmation prompt in
       | the case of misplaced clicks. And while Epic introduced an "Undo
       | Purchase" button in July 2019, it was eventually made much less
       | prominent and harder for customers to find.
       | 
       | https://arstechnica.com/gaming/2022/12/epic-will-pay-520-mil...
       | 
       | This is a company that should be able to bypass app store
       | restrictions?
        
         | lapcat wrote:
         | > This is a company that should be able to bypass app store
         | restrictions?
         | 
         | Every company should be able to bypass app store restrictions.
         | 
         | I don't think the question is even framed correctly. Every
         | iPhone owner should be able to bypass app store restrictions.
         | Developers doing so is just a consequence of consumer choice.
        
           | GeekyBear wrote:
           | Sorry, but I prefer the ability to do things like easily
           | reverse fraudulent in app purchases, instantly cancel
           | subscriptions without a hassle, and say no to location
           | tracking without the app in question being allowed to drop
           | functionality if I do so.
        
             | kevingadd wrote:
             | Tracking protection can and should be done at the OS level,
             | not at the store level. Even Windows has this.
             | 
             | Canceling a Fortnite subscription is as simple via them as
             | it is on any other storefront:
             | https://www.epicgames.com/help/en-
             | US/fortnite-c5719335176219...
             | 
             | So all that's left is reversing purchases. You can do that
             | through your bank or credit card issuer for any fraudulent
             | purchase, if you want Apple to act as that gatekeeper
             | instead you should make purchases via Apple. Are you saying
             | all vendors should be required to hand 30% of all their
             | revenues to Apple so it is slightly easier for you to
             | reverse a purchase, even though there are already well-
             | tested universal channels for doing it?
             | 
             | I've had to reverse purchases before without dealing with
             | Apple and it has always been a smooth process.
             | 
             | Basically your argument seems to boil down to "my
             | convenience justifies a 30% tax on all app developers". Are
             | you in favor of moves like Apple requiring a 30% tax on IRL
             | event tickets sold via services like Facebook, even though
             | Apple provides no services to the live event operator other
             | than payment processing? Apple even prohibited Facebook
             | from disclosing the tax's existence.
        
       | superkuh wrote:
       | I'm still waiting for something to be done about Epic buying
       | video games that support multi-platform like Rocket League then
       | removing multi-platform support from those games. I bought Rocket
       | League. I played Rocket League. Epic bought Rocket League and
       | suddenly I couldn't play Rocket League. And I'm just left hanging
       | with a useless "single player" rocket league that can no longer
       | play the game.
       | 
       | Epic is as much of a monster or worse than Microsoft was in it's
       | prime. It buys games then puts them behind it's paywall, ruining
       | the games for people that bought them before. It uses it's Unreal
       | game engine position to attack companies that make games in it's
       | engine by releasing clones of them (ie, the Fortnite copy of
       | PUBG). It sells games like Fortnite which I bought for $40+ back
       | before it was popular, then it completely changes the game and
       | makes it impossible for me to continue playing the game I bought.
       | 
       | I will never, ever, give any Epic software a place on any of my
       | computers. Not buying, not "free", not anything. They still owe
       | me $35 for stealing Rocket League and $44 for taking away
       | Fortnite (the original game).
        
         | jacooper wrote:
         | They issued refunds for this, why didn't you request one?
         | 
         | It also runs perfectly fine with proton.
        
           | p_j_w wrote:
           | If memory serves, plenty of people were denied refunds.
        
         | zug_zug wrote:
         | I can't speak generally, but I bought rocket-league on steam,
         | and I still play it online, multiplayer, on steam, with steam
         | friends or epic friends.
        
           | stardenburden wrote:
           | No longer if you were playing on Linux
        
             | sphars wrote:
             | Rocket League runs great with proton, and in my testing, it
             | ran better than the native version when it was still
             | available.
        
               | stardenburden wrote:
               | I am aware of that. But I didn't buy a proton version, I
               | bought a Linux version.
        
               | kevingadd wrote:
               | So essentially, you were offered a remedy that allowed
               | you to continue playing the game, you rejected the
               | remedy, and now you're complaining? They're obligated to
               | support the old version of the client forever, regardless
               | of any obstacles to that?
               | 
               | If you bought it to play on a 32-bit Mac would they be
               | obligated to port it to 64-bit? Would they be obligated
               | to port an OpenGL-based client to Metal after Apple's
               | deprecation?
        
         | flyingpenguin wrote:
         | You did not buy a guaranteed life-long access to online Rocket
         | League in all its future forms.
         | 
         | Your purchase of Rocket League came with access to the online
         | service as it currently stands as a trust only relationship
         | between you and the owners of the online Rocket League service.
         | 
         | I understand your pain here, and I don't want to defend Epic
         | games, but as someone who has created multiple free cloud
         | services only to have their costs or development requirements
         | exceed my ability to maintain them I am weary of anything that
         | would legally require me to maintain a cloud service past my
         | desire to do so.
        
           | CivBase wrote:
           | > as someone who has created multiple free cloud services
           | only to have their costs or development requirements exceed
           | my ability to maintain them I am weary of anything that would
           | legally require me to maintain a cloud service past my desire
           | to do so
           | 
           | I'd argue the expectation of a multi-billion dollar
           | corporation to maintain an online service feature for a paid
           | product that they are still actively providing on other
           | platforms is pretty reasonable. And that expectation should
           | not add any risk of liability for individuals like you
           | shutting down free online services.
           | 
           | It would come down to how the theoretical law was written.
           | But just because a law can be written poorly doesn't mean we
           | should seek to maintain the status quo.
        
       | breezeitall wrote:
       | Privacy part, sure if true. I'd argue it doesn't make sense to
       | charge them more than what Google paid, which used the data for
       | ads. Epic I'd imagine uses the data more for tracking dau and
       | less nasty reasons.
       | 
       | For the second part of tricking millions of players into making
       | unintended purchases, idk about this one. In Fortnite for
       | example, it's pretty transparent when you are paying real money.
       | You either buy v-bucks to then purchase skins. Or you buy the
       | season pass once and it's clear real money is involved. Anytime I
       | talk with kids, it seems like they are fully aware it takes real
       | money to buy them and they are either saving up or asking their
       | parents for b-day/Christmas to get v-bucks or the season pass.
        
       | Bud wrote:
        
         | [deleted]
        
       | Bangladoor wrote:
        
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