Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Implementation of the Child Safe Viewing Act; MB Docket No. 09-26 Examination of Parental Control Technologies for Video or Audio Programming REPLY COMMENTS OF NINTENDO OF AMERICA INC. IN SUPPORT OF ORIGINAL COMMENTS OF THE ENTERTAINMENT SOFTWARE ASSOCIATION Richard C. Flamm Nicola A. Wright Nintendo of America Inc. 4820 150th Ave NE Redmond, WA 98052 425.882.2040 May 18, 2009 Nintendo of America Inc. (Nintendo) submits these reply comments in response to the Commission’s Notice of Inquiry implementing the Child Safe Viewing Act of 2007. Paragraph 11 of the Commission’s Notice of Inquiry invited comments on whether the Commission should “examine blocking technology for video game players and/or video games.” Nintendo is a member of the Entertainment Software Association (ESA) which responded with an April 16 submission. Nintendo fully supports that submission which in part provided information about the entertainment software industry’s parental access tools. Nintendo submits these comments in order to complement ESA’s original submission and provide the Commission additional information relating to the parental controls available for use with Nintendo’s two current generation video game systems -- Wii and Nintendo DSi. Nintendo empowers parents with simple and effective parental controls and provides the technical and educational tools needed to use them effectively. The company reaches out to consumers directly and through the media to build awareness of these parental controls and their ease of use. Nintendo has also played an instrumental role in establishing industry best practices through our work with the ESA and the Entertainment Software Ratings Board (ESRB) to help and encourage parents to monitor their family entertainment. Our industry has a strong track record of responsible, self-regulatory practices and advocacy for parental empowerment. I. Nintendo Products As the worldwide pioneer in the creation of interactive entertainment, Nintendo has a long-standing commitment to providing family-friendly fun. Nintendo does not sell or license any Adults Only (AO) rated software to play on our video game systems and we believe it is important to help parents make choices about the type of content their children experience. Therefore, our Parental Controls interact with all Wii and DSiWare and future Nintendo DSi exclusive games based on the industry ratings system determined by the ESRB. Our Parental Controls offer parents a simple and effective way to establish one setting that will block all content above the ratings level they deem appropriate for their family. Additional controls offer parents restrictions for other system applications. Nintendo’s Wii console and Nintendo DSi handheld video game system have very straightforward and effective built-in Parental Controls that allow parents to choose appropriate games and content for their kids. During the initial system setup – the first time consumers power up their system – a message automatically displays that prompts users to set Parental Controls. By simply clicking “yes,” parents can follow very clear instructions to establish their desired level of control. For parents who do not choose to set Parental Controls during the system setup, each system’s settings menu provides easy access to this feature. Parents can scroll through detailed information about the various levels of game ratings applied by the ESRB to choose the highest rated content their family can access. Once settings have been saved, attempts to access content blocked by the Parental Control settings triggers a prompt to enter a 4-digit Password Identification Number (PIN) originally selected by the parent to temporarily override the parental controls. Parental Controls for Wii and DSiWare games interact with the ESRB ratings system enabling parents to restrict access to games based on their ESRB ratings. For example, if a parent flags “T” (Teen) rated content (recommended for audiences 13 years and older) as the highest game rating allowed, all games rated “M” (Mature, recommended for audiences 17 and older) will be blocked automatically and require the 4-digit PIN to temporarily override the controls. In addition to its library of games, the Wii console also offers access to a range of online features. By accessing these online features, parents can set additional Parental Controls which can block access to Internet Channel, News Channel, use of Wii Points in the Wii Shop Channel (Wii Points enable the user to download digital software) and the ability to send and receive messages to/from the Wii Message Board. In addition to DSiWare games, Nintendo DSi Parental Controls allow parents to restrict the use of PictoChat, DS Download Play, the exchange of photographs taken by the Nintendo DSi Camera over a local wireless network, access to the Internet via the Nintendo DSi Browser, and certain user-generated content. Additionally, because games that let users play with other people over the Internet sometimes allow chat or contain other user-generated content that is not part of the ESRB rating, Nintendo only allows open communication between users who have exchanged Friend Codes. For added protection, the exchange of Friend Code information must occur outside of Nintendo systems by phone, email or in person, so in-game communication is limited to users with whom you want to interact. Detailed information about Parental Controls and Friend Codes can be found in the Wii and Nintendo DSi system manuals, on our various company websites, in the Entertainment Software Association’s educational materials including “A Parent’s Guide to Video Games, Parental Controls and Online Safety,” and through Nintendo’s Consumer Service team. II. Nintendo Resources In addition to providing parents with simple and comprehensive parental control technology built into our products, Nintendo remains committed to promoting awareness of Parental Controls online and through various consumer channels, and also offering resources to help parents set Parental Controls and use them to manage the content their children experience. Comprehensive Parental Controls information and technical assistance can be found online at support.nintendo.com. Nintendo’s homepage features a “Parents” link that connects them to the “Information for Parents” webpage (Exhibit A). Here they will find information about Nintendo products, extensive technical support and information related to Parental Controls for the Wii console, Nintendo DSi system and various Nintendo websites. The “Wii Parents” and “Nintendo DSi Parental Controls” webpages highlight the systems’ Parental Controls feature (Exhibit B) and link to the relevant section of the “Information for Parents” webpage where detailed information is provided. Many of Nintendo’s consumer outreach programs, both online and offline, encourage Parental Controls: Club Nintendo: (https://club.nintendo.com/) Nintendo’s loyalty program encourages consumers to register their products to earn rewards. Children 12 and under may only become a Club Nintendo member by joining under their parents’ account. Once the parent has set up a Club Nintendo Family Account and added any children 12 and under as a family member, the child will be able to partake in the program without having to disclose any of the child’s personal information. Wii Console – Consumer Information DVDs: Distributed to media and consumers when the Wii system launched, the Wii console DVDs included information about the system’s Parental Controls tools. Nintendo Power Magazine: When relevant, Nintendo also uses Nintendo Power Magazine as a vehicle for communicating Parental Controls key messages. The January 2007 issue featured a column about Parental Controls, and the May 2007 issue included a “Wii Welcome You” booklet that also referenced Parental Controls. Advertisements: Nintendo strives to include information about Parental Controls in relevant advertising. For example, we have included Parental Controls messaging in advertorials targeting an expanded, family audience in publications like Good Housekeeping. Takeaway cards: A 4”x6” card titled “Parents, You Decide!” was included with Wii console packages distributed to media for the Wii console launch, and have also been handed out at retail as well as at Nintendo’s Six Flags Wii Experience Booths and other Wii Experience events. (Exhibit C) Press Releases: Beginning July 2007, Nintendo press releases for Wii games include the following Parental Controls notation: “Remember that Wii features parental controls that let adults manage the content their children can access. For more information about this and other Wii features, visit Wii.com.” We now include similar notation for all Nintendo DSi game press releases, as well as our weekly email newsletter called “Nintendo Download” that announces new Virtual Console, WiiWare and DSiWare downloadable games. Media Relations: As appropriate, Nintendo spokespeople incorporate Parental Controls messaging during print, broadcast and online media interviews. III. Nintendo’s Industry Involvement Nintendo is a leader within the self-regulating video game industry. As one of the first companies to help establish the ESA and the ESRB, we are pleased to see the ongoing efforts of these entities to educate and protect our video game consumers and, in particular, to implement and refine systems that empower parents to make responsible decisions for their families. Our