Safer GAMING Act

In this section:

The term adult user means a user of an interactive online video game if the provider of such game knows that such user is not a minor.

The term covered user means a user of an interactive online video game if the provider of such game knows that such user is a minor.

The term interactive online video game means a video game that—

(A) connects to the internet; and

(B) allows a user of such video game to communicate with other users of such video game.

The term know or knows means to have actual knowledge or to have acted in willful disregard.

The term minor means an individual under the age of 18 years.

The term online video game provider means a person that provides an interactive online video game directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means.

The term parent means the legal guardian of a minor.

The term video game means a device or software program that—

(A) receives and stores data or instructions generated by the user of such object, device, or software program; and

(B) processes such data or instructions to create an interactive game for such user to play or view on a computer, gaming system, console, mobile device, or other technological means.

An online video game provider shall provide safeguards to the parent of a covered user of an interactive online video game of such provider that allow the parent to limit communication between such covered user and any other user (including any adult user) of such online video game.

An online video game provider required to provide safeguards under paragraph (1) shall ensure the following:

(A) The safeguards—

(i) are accessible and easy-to use;

(ii) are enabled by default on the account of a covered user of the interactive online video game of such provider; and

(iii) can be disabled only by the parent of the covered user.

(B) The most protective level of control offered to a user with respect to privacy and safety settings—

(i) includes such safeguards by default; and

(ii) with respect to a covered user, can be disabled only by the parent of the covered user.

Nothing in this section may be construed to prohibit an online video game provider from providing the parent of a covered user of an interactive online video game of such provider with the ability to limit or allow communication between the covered user and multiple other users.

This subsection shall take effect on the date that is 1 year after the date of the enactment of this Act.

A violation of subsection (b) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

The Federal Trade Commission shall enforce subsection (b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates subsection (b) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

Nothing in this section may be construed to limit the authority of the Federal Trade Commission under any other provision of law.

In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of subsection (b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to—

(A) enjoin such act or practice;

(B) enforce compliance with such subsection;

(C) obtain damages, restitution, or other compensation on behalf of residents of the State; or

(D) obtain such other legal and equitable relief as the court may consider to be appropriate.

Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Federal Trade Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Federal Trade Commission immediately upon the filing of the action.

On receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right—

(i) to intervene in the action; and

(ii) upon so intervening—

(I) to be heard on all matters arising therein; and

(II) to file petitions for appeal.

If the Federal Trade Commission or the Attorney General of the United States has instituted a civil action for violation of subsection (b) (referred to in this subparagraph as the Federal action), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such subsection alleged in such complaint.

For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.

No State or political subdivision of a State may prescribe, maintain, or enforce any law, rule, regulation, requirement, standard, or other provision having the force and effect of law, if such law, rule, regulation, requirement, standard, or other provision relates to the provisions of this Act.