July 25, 2005 CONGRESSIONAL RECORD — HOUSE H6401 Mr. Speaker, it is fitting and appro- Mr. COBLE. Mr. Speaker, on that I Mr. Speaker, last week I was appalled priate for the House of Representatives demand the yeas and nays. to hear about the release of the new to recognize the ongoing contribution The yeas and nays were ordered. version of the video game Grand Theft of marina operators in the United The SPEAKER pro tempore. Pursu- Auto: San Andreas having a back door States to our economy, our security, ant to clause 8 of rule XX and the to porn embedded in its files. That kind our environment, and most of all for Chair’s prior announcement, further of material would have certainly providing us with a way of enjoying a proceedings on this motion will be earned it an ‘‘Adults-Only’’ rating day on the beautiful waterways of the postponed. rather than the ‘‘Mature’’ rating that United States. f it has been marketing. I cannot imag- I urge my colleagues to join us in ine how a good player in the video EXPRESSING SENSE OF THE supporting H. Res. 308 which recognizes game industry could make an honest HOUSE THAT THE FEDERAL our support for the goals of National mistake of something like that, so you TRADE COMMISSION SHOULD IN- Marina Day on August 13, 2005. have to wonder just what they are try- VESTIGATE THE PUBLICATION Mr. DICKS. Mr. Speaker, I rise in support of ing to do. OF THE VIDEO GAME ‘‘GRAND H. Res. 308, a bill supporting the goals of Na- We have had hearings on rating video THEFT AUTO: SAN ANDREAS’’ tional Marina Day and urging marinas to con- games as well as music and movies in tinue providing environmentally friendly gate- Mr. UPTON. Mr. Speaker, I move to our committee, and I believe fully that ways to boating. suspend the rules and agree to the reso- parents are the first line of defense for On August 13, we will celebrate National lution (H. Res. 376) expressing the sense controlling what their kids watch. Up Marina Day. This annual celebration promotes of the House of Representatives that until now, parents have been able to the United States’ 12,000 marinas and offers the Federal Trade Commission should trust the Entertainment Software Rat- local marina operators the opportunity to host investigate the publication of the video ings Board, ESRB, to give them cred- educational events to bring tens of thousands game ‘‘Grand Theft Auto: San ible information about exactly what is of people to our country’s marinas. These ma- Andreas’’ to determine if the publisher in a video game. I want to make sure rinas are gateways to boating and help main- intentionally deceived the Entertain- that that remains the case. tain the natural environments that we enjoy. In ment Software Ratings Board to avoid According to the Federal Trade Com- fact, as we debate this resolution today, Amer- an ‘‘Adults-Only’’ rating, as amended. mission, the FTC, parents are involved icans throughout the country are using their The Clerk read as follows: in the purchase and rental of games summer vacations to enjoy their own rec- H. Res. 376 more than 8 out of 10 times, better reational boats or to charter time on profes- Whereas the video game ‘‘Grand Theft than 80 percent, making it indisputably sionally operated vessels. Auto: San Andreas’’ was given a rating of clear that parents are the gatekeepers By serving as stewards of the environment, ‘‘Mature’’ by the Entertainment Software when it comes to deciding what games marina owners help protect our Nation’s nat- Ratings Board; they bring into their homes. ural resources for generations to come. Ma- Whereas the game contains sexually ex- The facts about consumer awareness rina operators and owners realize that the suc- plicit content that is accessible by con- and use of the ESRB ratings: 78 percent cess of their industry relies in part on the sumers but that appears to have been hidden from the ratings board in order to avoid the of parents are aware of the rating sys- health and beauty of their surroundings. tem, up 8 percent in the last 2 years; 61 In addition, marina owners are working game receiving an ‘‘Adults Only’’ rating; percent of parents are aware of content closely with the United States Coast Guard to Whereas the Entertainment Software Rat- ings Board took swift action in investigating descriptors, up 53 percent in the last 2 step up vigilance at their facilities to improve the matter and revoked the ‘‘Mature’’ rat- years; 70 percent of parents regularly security on U.S. waterways. These efforts in- ing, ensuring any future sales of ‘‘Grand check the rating before making a pur- clude looking out for aggressive activities, at- Theft Auto: San Andreas’’ will be under an chase. If this company purposely hid tempts to gain access to vessels without prop- ‘‘Adults Only’’ rating; and that information or material to make a er identification, fixtures attached to structures, Whereas the publisher of the video game, sham of the ratings, it is nothing less unusual diving operations, and vehicles and Rockstar Games, may have deceived the rat- than deceptive advertising and it ought vessels in unusual locations. Marina owners ings board and consumers: Now, therefore, be to be punished, in this case severely. are on the water every day and when some- it Resolved, That it is the sense of the House My resolution, coauthored by the thing appears unusual they are able to alert of Representatives that— gentleman from Massachusetts (Mr. the Coast Guard. (1) the Federal Trade Commission should MARKEY), calls on the Federal Trade Boating is an important pastime as well as investigate the publication of the video Commission to investigate Rockstar a major business activity in my congressional game ‘‘Grand Theft Auto: San Andreas’’ to Games to see if they intentionally de- district. From inside Puget Sound to the Pa- determine if the publisher, Rockstar Games, ceived the ratings board to avoid the cific coast of Washington State and the Straits deceived the Entertainment Software Rat- Adults-Only rating, and, if they deter- of Juan de Fuca, marinas provide access for ings Board to avoid an ‘‘Adults-Only’’ rating; mine that such deception or fraud has recreational sailors and motor-powered cruis- and taken place, that they apply the very ing boats in addition to home ports for charter (2) if the Commission determines Rockstar Games to have committed such deception or toughest of penalties or sanctions. The boats and commercial fishermen. fraud, the Commission should apply the video game industry has gone into Mr. Speaker, it is fitting for the U.S. House toughest of penalties. of Representatives to recognize the ongoing great detail to define their ratings, but The SPEAKER pro tempore. Pursu- contribution of marina operators to our econ- I want parents to feel confident that ant to the rule, the gentleman from omy, our security, our environment, and most the labeling of the video games that Michigan (Mr. UPTON) and the gentle- of all, for providing us with a way of enjoying they allow their kids to play or pur- woman from Minnesota (Ms. MCCOL- a day on the water. I urge adoption of the res- chase is reliable and that bad actors do LUM) each will control 20 minutes. olution. not get away with deceptions like this. Mr. FILNER. Mr. Speaker, I yield The Chair recognizes the gentleman Mr. Speaker, if these ratings were back the balance of my time. from Michigan (Mr. UPTON). willfully violated, they ought to be Mr. COBLE. Mr. Speaker, I yield GENERAL LEAVE punished, and a firm should not be al- back the balance of my time. Mr. UPTON. Mr. Speaker, I ask unan- lowed to profit from that outrageous The SPEAKER pro tempore (Mr. imous consent that all Members may circumstance when those rules are fol- KOLBE). The question is on the motion have 5 legislative days within which to lowed by so many families when they offered by the gentleman from North revise and extend their remarks on this buy or see the video games in their Carolina (Mr. COBLE) that the House legislation and to insert extraneous homes. This resolution calls for that. suspend the rules and agree to the reso- material on the same. Mr. Speaker, I include for the lution, H. Res. 308. The SPEAKER pro tempore. Is there RECORD a letter that I sent earlier this The question was taken. objection to the request of the gen- week to the Chair of the FTC signed by The SPEAKER pro tempore. In the tleman from Michigan? more than 75 Members of Congress, the opinion of the Chair, two-thirds of There was no objection. cover letter signed by the gentleman those present have voted in the affirm- Mr. UPTON. Mr. Speaker, I yield my- from Michigan (Mr. DINGELL), the gen- ative. self such time as I may consume. tleman from Texas (Mr. BARTON), the

VerDate Aug 04 2004 02:29 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.040 H25JYPT1 H6402 CONGRESSIONAL RECORD — HOUSE July 25, 2005 gentleman from Massachusetts (Mr. They have been national leaders on game. Immediately, Wal-Mart, Target, Best MARKEY) and myself, asking that the calling on retail stores across the coun- Buy and several other retailers pulled it FTC take every action that they can if, try to ensure age-specific ratings are from their shelves. Rockstar, the game’s de- in fact, the material shows that it was enforced. I agree, and I support an veloper, which for weeks blamed ‘‘outsiders’’ for the sexually explicit modifications, now wrong in terms of getting the ‘‘M’’ rat- independent rating system and retailer admits that the retail version was produced ing. responsibility. with them on the game. It has now ceased CONGRESS OF THE UNITED STATES, The video game industry has a scan- production of that version and will produce Washington, DC, July 21, 2005. dal on its hands, and parents across one minus the pornography. Hon. DEBORAH PLATT MAJORAS, America have been given a wake-up Before someone is tempted to nominate ei- Chairman, Federal Trade Commission, call. Video games can be fun, but they ther company for a Good Citizenship Award, Washington, DC. can also be very powerful tools for ex- keep in mind what will remain on the game. CHAIRMAN MAJORAS: We write to express posing children to violence, sex and in- ‘‘Grand Theft Auto: San Andreas’’ is defi- our profound concern regarding the sexually nitely not ‘‘Ms. Pacman.’’ An amazon.com explicit material contained in the rated ‘‘M’’ appropriate material. Grand Theft review describes it as ‘‘even more bloody, video game ‘‘Grand Theft Auto: San Auto: San Andreas is not a video game. violent, and sadistic than its popular prede- Andreas.’’ We ask for your attention to this It is a violent and sexually explicit tool cessors, offering up an enormous 3–D city in matter and to determine if the publisher, to train virtual victimizers in crime which nearly any criminal act is possible. Rockstar Games, intentionally deceived the and sexual violence, and this was be- Players are free to steal cars, beat up the Entertainment Software Rating Board to fore the current pornographic scenes local population for their money (or weap- avoid an ‘‘Adults-Only’’ rating. We believe were exposed. ons), make time with prostitutes, or simply that they may have and the toughest pen- In a review of Grand Theft Auto: San roam to their heart’s content.’’ alties need to be applied. The ‘‘toned-down’’ version will be rated The recent release of ‘‘Grand Theft Auto: Andreas on Amazon.com, it is de- Mature, making it available for anyone 17 or San Andreas’’ was widely anticipated by con- scribed as ‘‘even more bloody, violent older. sumers, but an ‘‘Adults-Only’’ rating would and sadistic than its popular prede- The violence in ‘‘Grand Theft Auto’’ is not have severely limited its sales in retail out- cessors, offering up an enormous 3–D an aberration. Take-Two is excited about its lets. It appears that the publisher has bla- city in which nearly any criminal act upcoming release, ‘‘Bully.’’ Take-Two says tantly circumvented the rules in order to is possible. Players are free to steal ‘‘you’ll laugh and cringe as you stand up to peddle sexually explicit material to our cars, beat up the local population for bullies, get picked on by teachers, play youth, and they should be held accountable. pranks on malicious kids, win or lose the We stand in agreement that parental in- their money or weapons, to make time girl, and ultimately learn to navigate the ob- volvement is the most important line of de- with prostitutes, or to simply roam to stacles of the fictitious reform school, fense in determining the type of content their heart’s content.’’ That was a re- Bullworth Academy.’’ Given its track record suitable for children, and the ratings system view before the pornographic scenes with other games, it is safe to assume gun- empowers parents to do just that. Unfortu- were made known. play will be featured prominently in nately, this latest incident of deceit has se- Dr. Walsh has been, as I said, out- ‘‘Bully.’’ We wonder if the folks in Littleton, verely degraded the integrity of the ratings spoken on this issue. Even before the Colo., or Cold Spring, Minn., will laugh. system. How can parents trust a system in pornographic scenes were exposed, Dr. This all alarms David Walsh, president and which game makers do an end-run around founder of the National Institute on Media the process to deliver pornographic material Walsh, and I quote him as saying, this and the Family. His research shows that the to our kids? was not an appropriate game for our teen brain is still a work in progress, strug- We appreciate the ESRB’s swift action in children, this violence training tool gling to manage sexual and violent impulses. investigating the matter and revoking the M was rated ‘‘M’’ for mature, meaning These games, which are marketed toward rating and ensuring any further sales of the material was suitable for persons teens, should not be in the hands of teens, he ‘‘Grand Theft Auto: San Andreas’’ will be age 17 and older. Titles in this category believes. under an AO rating. But this action should may contain intense violence, blood We agree. The rating system for video have never been necessary had Rockstar and gore, sexual conduct, and/or strong games simply doesn’t work. The ESRB was Games complied with industry standards established by the Entertainment Software from the outset. language. The shooting of police offi- Association. Advising the ESA is an execu- We respectfully request that you inves- cers, the killing of senior citizens for tive from Take-Two Entertainment, which tigate this matter, and if Rockstar Games is sport and winning points for sleeping owns Rockstar, which makes of ‘‘Grand found to have intentionally deceived Amer- with prostitutes and then killing them Theft Auto.’’ It’s comparable to letting the ican consumers, we ask that severe sanctions is not a game for 17-year-olds. It is dis- defense attorney serve as the jury foreman. are imposed to the greatest extent under the gusting, and it is a vile example of an This industry repeatedly has shown it law. This type of profiteering from peddling industry with enormous potential can’t be trusted to monitor itself. There is smut to minors must not be tolerated. A being hijacked. too much money to be made from young peo- company cannot be allowed to profit from ple by keeping ratings standards relaxed, and deceit. However, I would like to applaud two there are no penalties for companies that We appreciate your attention to this mat- Minnesota-based retailers, Best Buy skirt the rules. ter and look forward to your response. and Target, for their responsible and Parents aren’t off the hook. They need to Sincerely, prudent decision to remove this so- take more of an interest in the kinds of Fred Upton, Ed Markey, Joe Barton, John called ‘‘game’’ from their shelves. I games their children are playing. But a truly Dingell, and 75 other Members of Congress. strongly support the intent of this res- independent oversight body is necessary. By Mr. Speaker, I reserve the balance of olution. evaluating and rating these games, a proper my time. I would also like to enter for the oversight panel would help arm parents with the information they need to ensure the Ms. MCCOLLUM of Minnesota. Mr. RECORD two editorials, one from the Speaker, I yield myself such time as I video games their children are playing are Minneapolis Star Tribune and one from age-appropriate. may consume. the New York Times, calling on action I appreciate the opportunity to speak because of this game. [From the New York Times, July 21, 2005] on House Resolution 376. I would like [From the Minneapolis Star Tribune, July VIDEO GAME KNOWN FOR VIOLENCE LANDS IN to commend the resolution’s author, 25, 2005] RATING TROUBLE OVER SEX the gentleman from Michigan (Mr. GRAND THEFT/ABSENT PORN, STILL NOT FOR (By Seth Schiesel) UPTON). I agree with the previous re- TEENS Under pressure from Democratic senators, marks made by him. Take-Two Interactive and Rockstar Games the board that rates video games assigned Let me start by commending an or- must have thought they were pulling a fast the latest installment of the Grand Theft ganization, however, I have worked one on parents. Hidden in the bestselling Auto series an adults-only label yesterday, with over the past 3 years, the National video game ‘‘Grand Theft Auto: San effectively removing it form the shelves of Institute on Media and the Family, and Andreas’’—activated by an Internet down- most major retail stores. its founder Dr. David Walsh, for uncov- load and a code—are scenes that allow play- The decision comes a few weeks after inde- ering and exposing this video game ers to engage in virtual sex acts. pendent programmers uncovered a sexually But the inside joke eventually went public. suggestive scene that the game’s creators scandal. Dr. Walsh and the Institute on And people didn’t laugh. say was never meant to be seen. Media and the Family have for years Last week, the Entertainment Software The board’s president, Patricia Vance, said been calling for an independent rating Ratings Board (ESRB) slapped an AO (adults yesterday that the move was the first time system on interactive video games. only 18-plus) rating on the popular video in years that the group, the Entertainment

VerDate Aug 04 2004 04:22 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.044 H25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — HOUSE H6403 Software Rating Board, had changed the rat- before shipping it.’’ she said. ‘‘In the past that if, in fact, they did violate the ing for a game that had already been re- they may have included content on the disc standard that they ought to use every leased. The rating was changed to ‘‘Adults that they never intended the audience to ac- sanction that they can to go after this Only’’ from ‘‘Mature,’’ which is meant to sig- cess, but now hackers have sophisticated particular manufacturer. nal appropriateness for players 17 and older. tools to unlock this stuff and the publishers Several top video game retailers, including have to be sure to either disclose the mate- But this resolution spells it all out as Wal-Mart and Target, said yesterday that rial to us or delete it.’’ well. And I would urge my colleagues they would no longer sells the current Yesterday’s move came as the industry and to support this resolution because that version of the game, Grand Theft Auto: San the ratings board have come under increas- indeed will send the message not only Andreas. ing political pressure. After reports about to this particular gamemaker but to Like the motion picture ratings system, the modification, Senator Hillary Rodham use all the strength that the FTC has the video game’s review system is nominally Clinton, Democrat of New York, called on for those who violate those standards voluntary but usually compulsory in prac- the Federal Trade commission last week to that we ought to seek sanctions appro- tice. Just as major movie theater chains al- investigate the game’s earlier mature rating. most always refuse to exhibit NC–17 movies, Mr. Walker of Rockstar said the company priately to go after them so they do most mainstream retailers refuse to stock intended to release a new version of the not profit from despicable games like adults-only games. game without the Hot Coffee code as soon as this that no 13-year-old ought to be ex- The game’s developer, Rockstar Games, possible. posed to, let alone families across the which is owned by Take-Two Interactive, Ms. Vance said such a move would restore country. said yesterday that it would stop making the the Mature rating, and a Wal-Mart spokes- Mr. BACA. Mr. Speaker, I rise in support of current version of the game and would re- woman said that her company would almost H. Res. 376, to ask the FTC to look into the lease a new version as soon as possible. certainly restock the new version. misrating of the ‘‘Grand Theft Auto’’ video Fueled by a mix of freewheeling play and Nonetheless, Take-Two lowered its finan- rough-and-tumble urban motifs, the Grand cial forecast for its year that ends in Octo- game. Theft Auto series has become one of the ber. I have been working on this issue for the world’s most popular game franchises. Ac- The company said it expected net sales for last five years, since 2000, and have been cording to the NPD Group, a market re- the year of $1.26 billion to $1.31 billion, down working also with Representative WOLF and search firm, the game had sold more than 21 from an earlier forecast of $1.3 billion to 1.35 others to ensure that members and the public million copies since 2001 and had generated billion. The company said it expected earn- understand the importance of this issue to our $924 million in revenue for Rockstar Games. ings of $1.05 to $1.12 a share, down from an children. It’s good to know that other members Even as game players, mostly young men, earlier forecast of $1.40 to $1.47 a share. have flocked to the series, politicians have are becoming aware of the problem and to- signaled it out for its violence and sexually The Federal Trade Commission gether we can work in a bipartisan effort and suggestive material. should look into this matter and inves- make a difference. The franchise’s latest installment, San tigate how this hidden material was Through our hard work, and that of those Andreas, has sold almost six million copies placed in Grand Theft Auto. Parents who are with us, the ESRB, the Voluntary In- since its release in October but has drawn across America must learn from this dustry Rating Board, has now changed the close scrutiny in recent weeks after inde- episode and participate and understand rating of ‘‘Grand Theft Auto’’ from an M to an pendent game enthusiasts uncovered a sex- the games that their children are play- AO. That is not enough, because there are lit- oriented ‘‘minigame’’ that had been hidden in the program’s code. ing. They must play the games with erally dozens of games out there that have the To unlock the hidden scene, a user must their children when they bring them same type of offensive content, and the bur- download a program from the Internet home and constantly review as the den is now on the industry to explain why all known as Hot Coffee that was created by child progresses through the game, as of those games should not be rated AO, also. fans of the game. The scene depicts mostly the game changes. But right now what But we will not wait for the industry. We clothed digital people performing sex move- is needed more than ever is an inde- must take action now. We must step up the ments. pendent rating system. We need it. We pressure. For this reason, we have asked the ‘‘An artist makes a painting, then doesn’t need it immediately. like the first version and paints over the FTC to scrutinize all video games, including canvas with a new painting, right?’’ said Mr. Speaker, I yield back the balance ‘‘Grand Theft Auto’’, to make sure they are Rodney Walker, a spokesman for Rockstar of my time. properly rated. We appreciate the continued Games. ‘‘That’s what happened here. Hack- Mr. UPTON. Mr. Speaker, I yield my- expression of support by the Congress. To- ers on the Internet made a program that self the balance of my time. gether we can make a difference. scratches the canvas to reveal an earlier Mr. Speaker, I am a dad. I have got My legislation, the Software Accuracy and draft of the game.’’ two teenagers. My son has an X Box Fraud Evaluation Rating Act or Safe Rating Yesterday’s decision by the rating board is game. We are very careful in terms of Act (H.R. 1145), would empower parents, by sure to fuel tension between game companies and a subset of their players, known as the games that come into our house, calling upon the FTC to look at all video game modders, who make modifications for their both when we go to the store to pur- ratings. favorite titles. Many companies, including chase them as well as what both he and Parents are the gatekeeper for what their Rockstar, have traditionally encouraged my daughter watch. It is my clear un- children watch or play, but how can they do modders as a way of extending the life and derstanding, and the gentlewoman that, if the ratings are not accurate? How can relevance of their games. from Minnesota and my colleagues they do that if the ratings are confusing? We But yesterday’s action may also encourage here know it is our understanding, that must empower parents! publishers to make their games less this particular video game never The decision to rate ‘‘Grand Theft Auto— alterable so that they are not held respon- sible for the changes the modders make or should have had an ‘‘M’’ rating. It al- San Andreas’’ as adults only represents a the old code that they unearth. ways should have been an ‘‘Adults- small victory for those of us who have been In a statement, Take-Two said that it was Only.’’ Had it had an ‘‘Adults-Only,’’ it calling on the video game industry to clean up considering legal action against companies would not have been on the shelves of its act. that help game players change the content. a number of different major retail However, the industry’s self-regulation is a Game players can buy devices on Web sites stores, whether they be Best Buy, case of the fox guarding the hen house—and that allow them to alter games for consoles Sears, Wal-Mart, et cetera. It was ap- American children are at risk because of this. like Sony’s PlayStation 2 that are impos- Although the ratings board has decided in sible for normal users to change. On personal propriate that they immediately re- computers, users can change their games move those games from their shelves. July of 2005 that San Andreas should be rated adults only, it has already been sold for at without special hardware. b 1545 Ms. Vance, the board’s president, said that least 18 months, earning millions of dollars for the mere presence of the Hot Coffee scene on It is not appropriate. We are thinking its producer. In fact, it was the best-selling the game disc, even in locked form, was that we are taking the right steps to game of 2004! And that means that millions of cause to change the rating. send that message for all families American children have played it, being ex- This is the first time that we have dealt across this country. Not only did we posed to graphic violent and sexual content. with a third-party modification and this get the letter that was signed literally Parents are confused by the ratings and raises a number of issues that we as an in- dustry will have to deal with,’’ Ms. Vance in about 10 minutes by more than 75 angry that their kids are being exposed to filth said. Members of this House in a bipartisan and violence. ‘‘We want to make it very clear to pub- approach, but I have called the FTC to I hear from concerned parents in my district lishers that they must clean up their product talk with them as well to make sure in California and from all over America.

VerDate Aug 04 2004 04:22 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A25JY7.025 H25JYPT1 H6404 CONGRESSIONAL RECORD — HOUSE July 25, 2005 The most important step we should take Take-Two Interactive Software Inc. said it the scenes were part of the game’s original now is to pursue an investigation by the Fed- planned to rework ‘‘San Andreas’’—the top- code and warranted a re-rating of ‘‘San eral Trade Commission into the video game selling video game of 2004—and reissue it Andreas,’’ versions of which play on Sony later this year. Corp.’s PlayStation 2, Microsoft Corp.’s Xbox rating system as my legislation calls for. The ratings board is similar to the Motion and personal computers. I have recently met with the FTC chair- Picture Assn. of America’s rating board. A ‘‘After a thorough investigation, we have woman Deborah Majoras to press for changes ‘‘Mature’’ rating is analogous to an R movie concluded that sexually explicit material ex- in how the games are reviewed and rated. rating, and ‘‘Adults Only’’ is equivalent to ists in a fully rendered, unmodified form on This is a $25 billion worldwide industry that NC–17. Most retailers refuse to sell ‘‘Adults the final discs of all three platform versions makes much of its profits by targeting teenage Only’’ games. of the game,’’ said Patricia Vance, president and younger boys. Executives at New York-based Take-Two of the ratings board. ‘‘Clearly the [original] The industry can give a game an M rating had denied for weeks that company program- rating was incorrect, and it needed to be cor- with a wink because it knows that any kid can mers were responsible for the graphic sex rected.’’ scenes, which can be unlocked with software Take-Two’s Walker said Wednesday that buy a game even if it has an M rating. that was widely available on the Internet. the sex scenes were never meant to be seen There are several problems with the M Rat- But Wednesday they acknowledged that the by the public and that they were revealed ing: game’s designers had created the scenes, only when an outside programmer, called a The wording on the label (in the small print dubbed ‘‘Hot Coffee.’’ ‘‘modder,’’ wrote software to unlock them. on the back of the package) does not give ‘‘The editing of any game is a highly tech- ‘‘The mod community scratched the paint- parents a full and honest understanding of nical process,’’ said Take-Two spokesman ing, revealing the earlier work,’’ he said. what is really in the game. Rodney Walker. ‘‘We liken it to a painter Analysts estimated that modifying and re- The M rating is confusing because the cri- who paints one painting and paints over it on marketing ‘‘San Andreas’’ would cost Take- teria that the industry uses to determine an M the same canvas.’’ Two about $40 million in lost sales. Shares of Walker’s explanation did little to mollify Take-Two fell 11% in after-hours trading. rating is almost identical to what it uses for the critics, who point to the ‘‘Grand Theft Auto’’ ‘‘It was a very poor exercise of judgment adults only rating. series to highlight the issue of violence and and a very costly one,’’ said Michael Kids are buying these games! This month sexuality in video games. The games cele- Pachter, a video game industry analyst at CBS News reported the results of a recent brate nihilistic killing, and Take-Two has Wedbush Morgan Securities in Los Angeles. study: Despite the warning labels, 50 percent reveled in its image as the bad boy of a $25- ‘‘It’s an embarrassment for management be- of boys age 7–14 have bought a game rated- billion global game industry that’s trying to cause obviously a maverick developer in M, for mature audiences, and a stunning nine gain respectability to match its profits. their studios decided to put this stuff in ‘‘It looks like Take-Two Interactive pur- there. I can only fault the management team out of ten of the boys have played them. posefully conned the video game industry These games are harmful to children. Play- for not putting systems in place to vet their rating board and parents across the coun- games.’’ ing a violent or graphic video game hurts a try,’’ said Washington state Rep. Mary Lou Take-Two is no stranger to controversy. child even more than watching a violent movie Dickerson. ‘‘ ‘San Andreas,’ as a top-selling Previous installments of ‘‘Grand Theft or TV show or listening to an obscene song game in the country, now is in the hands of Auto’’ have been adored by hard-core gamers because the child is role playing. The child as- thousands of children who can practice inter- but excoriated by parent groups and law- sumes the identity of a criminal or a gang active pornography. There should be legal makers for their depictions of violence and member. consequences . . . so [the company doesn’t] sex. Too many video games glorify and reward laugh all the way to the bank.’’ In one, players could have sex with a pros- ‘‘San Andreas,’’ which retails for about $50, violent and criminal behavior. Why don’t the titute and then beat her to death and take has sold more than 12 million copies world- back their money. That game was rated video games feature heroic characters? In- wide since its launch in October. ‘‘Mature’’ ‘‘Mature’’ because players did not see the stead of having a child act like a cop-killer, rated games are intended for players older sex. Instead, they saw a parked car rock why not make him a police officer? Instead of than 17. Many retailers keep such games back and forth. someone who kills, why not make him a life- under lock and key and have policies requir- Some lawmakers criticized the ratings saver, like a fireman or a doctor? ing clerks to check the identification of buy- board for failing to detect the sex scenes in It’s time that the video game industry acted ers. its initial evaluation of ‘‘San Andreas’’ last responsibly. It’s time to take a hard look at Wal-Mart Stores Inc., which accounts for year. Although the system is voluntary, as much as 20% of video game sales in the most game publishers seek a rating from the their ratings. We must support this legislation United States, began removing ‘‘San on the floor today, and I urge all members to organization, which evaluated more than Andreas’’ from its shelves Wednesday, as did 1,000 titles last year. give their full support to my bill, H.R. 1145, to Best Buy Co. ‘‘It should not have taken this long,’’ said have the FTC look at the ratings of all video ‘‘Our policy is not to carry any adult titles Rep. Joe Baca (D–Rialto). ‘‘This is evidence games. on our shelves,’’ said Wal-Mart spokeswoman that the voluntary ratings system does not Mr. WOLF. Mr. Speaker, with consideration Karen Burk, who said buyers ‘‘can certainly work.’’ of H. Res. 376, which expressed the sense of bring the product back’’ for a refund. Video game industry executives tried to Take-Two said it would make a patch the House of Representatives that the Federal assure parents that the ‘‘San Andreas’’ inci- available for downloading so that customers dent was an anomaly. Trade Commission Should Investigate the could block the sex scenes. Publication of the Video Game ‘‘Grand Theft The ratings board ‘‘has been in business for Word of the scenes began spreading over 11 years, and there has never yet been an in- Auto: San Andreas’’ to determine if the pub- the Internet last month after Dutch pro- cident of this kind,’’ said Doug Lowenstein, lisher intentionally deceived the Entertainment grammer Patrick Wildenbourg began distrib- head of the Entertainment Software Assn., Software Ratings Board to avoid an ‘‘Adults- uting software that he said unlocked them. the industry’s trade group. ‘‘You’re looking Only’’ rating, I would like to enter a recent arti- Many video games have secrets to which at well over 10,000 games rated. If you look players gain access as they progress. They at that track record, you can say parents cle from the Los Angeles Times into the might, for instance, win extra powers or RECORD. This article highlights the conflict of have every reason to be confident in the rat- reach hidden levels. ings system.’’ interest that is inherent in a voluntary rating ‘‘Hot Coffee,’’ by contrast, is an interactive Some consumers weren’t completely reas- system. The real question is: Can you trust sex game, featuring oral sex and intercourse. sured. Wildenbourg, who removed his software this industry? ‘‘As a parent I’ve lost some confidence in from the Internet on Wednesday, declined to [From the Los Angeles Times, July 21, 2005] the [ratings board’s] ability to police the in- comment. HIDDEN SEX SCENES SPARK FUROR OVER dustry,’’ said Dennis McCauley, editor of As late as last week, Take-Two had in- VIDEO GAME GamePolitics.com. ‘‘But [the board] did take sisted that the sex scenes were ‘‘the work of a big step today, and I have to give them (By Alex Pham) a determined group of hackers who have credit for that.’’ The oversight board that puts parental rat- gone to significant trouble to alter scenes in ings on video games took the unusual step the official version of the game.’’ Hackers, Mr. UPTON. Mr. Speaker, I have no Wednesday of slapping its strongest warning the company said, created the scenes by further requests for time, and I yield on a bestselling title as the game maker ad- ‘‘disassembling and then combining, recom- back the balance of my time. mitted putting explicit, interactive sex piling and altering the game’s code.’’ The SPEAKER pro tempore (Mr. scenes on the disc. The scenes prompted an outcry from game KOLBE). The question is on the motion Retailers began pulling copies of ‘‘Grand critics, including Sen. Hillary Rodham Clin- Theft Auto: San Andreas’’ from their shelves ton (D–N.Y.), who last week called for a fed- offered by the gentleman from Michi- after the Entertainment Software Ratings eral investigation into ‘‘Hot Coffee.’’ gan (Mr. UPTON) that the House sus- Board revoked the game’s ‘‘Mature’’ rating The Entertainment Software Ratings pend the rules and agree to the resolu- and raised it to ‘‘Adults Only.’’ Publisher Board began a review to determine whether tion, H. Res. 376, as amended.

VerDate Aug 04 2004 04:22 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.034 H25JYPT1 July 25, 2005 CONGRESSIONAL RECORD — HOUSE H6405 The question was taken. the gentleman from California (Mr. Northup Ross Tancredo Norwood Roybal-Allard Tanner The SPEAKER pro tempore. In the ISSA) that the House suspend the rules Nunes Royce Tauscher opinion of the Chair, two-thirds of and pass the joint resolution, H. J. Res. Oberstar Ruppersberger Taylor (MS) those present have voted in the affirm- 59, as amended, on which the yeas and Obey Ryan (OH) Taylor (NC) ative. nays are ordered. Olver Ryan (WI) Thomas Osborne Ryun (KS) Mr. UPTON. Mr. Speaker, on that I Thompson (CA) The vote was taken by electronic de- Otter Sabo Thompson (MS) demand the yeas and nays. vice, and there were—yeas 378, nays 0, Owens Salazar Thornberry The yeas and nays were ordered. not voting 55, as follows: Oxley Sa´ nchez, Linda Tiahrt Pallone T. Tierney The SPEAKER pro tempore. Pursu- [Roll No. 417] Pascrell Sanchez, Loretta ant to clause 8 of rule XX and the Towns YEAS—378 Pastor Sanders Turner Chair’s prior announcement, further Paul Saxton Abercrombie DeGette Jones (NC) Udall (CO) proceedings on this motion will be Payne Schakowsky Udall (NM) Ackerman DeLauro Jones (OH) Pearce Schwartz (PA) Upton postponed. Aderholt DeLay Kanjorski Pence Schwarz (MI) Van Hollen Akin Dent Kaptur Peterson (MN) Scott (GA) f Vela´ zquez Alexander Diaz-Balart, L. Keller Peterson (PA) Scott (VA) Visclosky ANNOUNCEMENT BY THE SPEAKER Allen Dicks Kelly Petri Sensenbrenner Andrews Dingell Kennedy (MN) Walden (OR) PRO TEMPORE Pickering Serrano Baca Doggett Kennedy (RI) Pitts Sessions Walsh The SPEAKER pro tempore. The Bachus Doyle Kildee Platts Shadegg Wamp Baird Drake Kind Wasserman Chair earlier announced to the Mem- Poe Shaw Baker Dreier King (IA) Pombo Sherman Schultz bers that there would be a moment of Baldwin Duncan Kingston Pomeroy Sherwood Waters silence observed at this time in honor Barrett (SC) Edwards Kline Porter Shimkus Watson of Officers Gibson and Chestnut. Barrow Ehlers Knollenberg Price (GA) Shuster Watt Bartlett (MD) Emanuel Kolbe Price (NC) Simmons Waxman However, this moment of silence will Barton (TX) Emerson Kucinich Putnam Simpson Weiner be observed this evening in between Bass Engel Kuhl (NY) Ramstad Skelton Weller votes, which will commence at 6:30 Beauprez English (PA) LaHood Rangel Slaughter Westmoreland Berkley Eshoo Langevin p.m. Regula Smith (NJ) Wexler Berry Etheridge Lantos Rehberg Smith (TX) Whitfield f Biggert Evans Larsen (WA) Reichert Smith (WA) Wicker Bilirakis Everett Larson (CT) Renzi Snyder Wilson (NM) RECESS Bishop (GA) Farr Latham Reynolds Solis Wilson (SC) Bishop (NY) Ferguson LaTourette Rogers (AL) Spratt Wolf The SPEAKER pro tempore. Pursu- Blackburn Filner Leach Rogers (KY) Stark Woolsey ant to clause 12(a) of rule I, the Chair Blumenauer Fitzpatrick (PA) Lee Rogers (MI) Stearns Wu declares the House in recess until ap- Blunt Flake Levin Rohrabacher Stupak Wynn Boehlert Foley Lewis (CA) Ros-Lehtinen Sullivan Young (AK) proximately 6:30 p.m. today. Boehner Forbes Lewis (GA) Accordingly (at 3 o’clock and 47 min- Bonilla Fortenberry Lewis (KY) NOT VOTING—55 utes p.m.), the House stood in recess Bonner Foxx Lipinski Bono Frank (MA) LoBiondo Bean Ford Pelosi until approximately 6:30 p.m. Boozman Franks (AZ) Lofgren, Zoe Becerra Fossella Pryce (OH) f Boren Frelinghuysen Lowey Berman Gallegly Radanovich Boswell Garrett (NJ) Lucas Bishop (UT) Gibbons Rahall b 1830 Boucher Gerlach Lungren, Daniel Brown, Corrine Gutierrez Reyes Boustany Gilchrest E. Brown-Waite, Hinojosa Rothman AFTER RECESS Boyd Gillmor Lynch Ginny Hobson Rush Bradley (NH) Gingrey Mack Buyer Hostettler Schiff The recess having expired, the House Cannon Hulshof Brady (PA) Gohmert Maloney Shays Clay Istook was called to order by the Speaker pro Brady (TX) Gonzalez Manzullo Sodrel Cole (OK) Jenkins tempore (Mrs. EMERSON) at 6 o’clock Brown (OH) Goode Marchant Souder Brown (SC) Goodlatte Markey Cooper Kilpatrick (MI) and 30 minutes p.m. Strickland Burgess Gordon Marshall Cramer King (NY) Sweeney f Burton (IN) Granger Matheson Cunningham Kirk Butterfield Graves Matsui Delahunt Linder Terry ANNOUNCEMENT BY THE SPEAKER Calvert Green (WI) McCarthy Diaz-Balart, M. Miller (MI) Tiberi PRO TEMPORE Camp Green, Al McCaul (TX) Doolittle Neal (MA) Weldon (FL) Cantor Green, Gene McCollum (MN) Fattah Nussle Weldon (PA) The SPEAKER pro tempore. Pursu- Capito Grijalva McCotter Feeney Ortiz Young (FL) ant to clause 8 of rule XX, proceedings Capps Gutknecht McCrery Capuano Hall McDermott will resume on three of the motions to Cardin Harman McGovern b 1854 suspend the rules previously postponed. Cardoza Harris McHenry Votes will be taken in the following Carnahan Hart McHugh Ms. WOOLSEY and Mr. FERGUSON order: Carson Hastings (FL) McIntyre changed their vote from ‘‘nay’’ to yea.’’ Carter Hastings (WA) McKeon H.J. Res. 59 by the yeas and nays; Case Hayes McKinney So (two-thirds having voted in favor H. Con. Res. 181 by the yeas and nays; Castle Hayworth McMorris thereof) the rules were suspended and and Chabot Hefley McNulty the joint resolution, as amended, was Chandler Hensarling Meehan H. Res. 376 by the yeas and nays. Chocola Herger Meek (FL) passed. Proceedings on the other postponed Cleaver Herseth Meeks (NY) The result of the vote was announced questions will resume on another day. Clyburn Higgins Melancon as above recorded. The first and third electronic votes Coble Hinchey Menendez Conaway Hoekstra Mica The title of the joint resolution was will be conducted as 15-minute votes. Conyers Holden Michaud The second vote in the series will be a Costa Holt Millender- amended so as to read: ‘‘Joint Resolu- 5-minute vote. Costello Honda McDonald tion Expressing the sense of Congress Cox Hooley Miller (FL) with respect to the women suffragists f Crenshaw Hoyer Miller (NC) Crowley Hunter Miller, Gary who fought for and won the right of EXPRESSING SENSE OF CONGRESS Cubin Hyde Miller, George women to vote in the United States.’’. WITH RESPECT TO COMMEMORA- Cuellar Inglis (SC) Mollohan A motion to reconsider was laid on TION OF WOMEN SUFFRAGISTS Culberson Inslee Moore (KS) Cummings Israel Moore (WI) the table. The SPEAKER pro tempore. The Davis (AL) Issa Moran (KS) Stated for: pending business is the question of sus- Davis (CA) Jackson (IL) Moran (VA) pending the rules and passing the joint Davis (FL) Jackson-Lee Murphy Mr. KIRK. Madam Speaker, on rollcall No. Davis (IL) (TX) Murtha 417 I was unavoidably detained. Had I been resolution, H. J. Res. 59, as amended. Davis (KY) Jefferson Musgrave The Clerk read the title of the joint Davis (TN) Jindal Myrick present, I would have voted ‘‘yea.’’ resolution. Davis, Jo Ann Johnson (CT) Nadler Mr. SCHIFF. Madam Speaker, on rollcall Davis, Tom Johnson (IL) Napolitano The SPEAKER pro tempore. The Deal (GA) Johnson, E. B. Neugebauer No. 417 had I been present, I would have question is on the motion offered by DeFazio Johnson, Sam Ney voted ‘‘yea.’’

VerDate Aug 04 2004 04:22 Jul 26, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.048 H25JYPT1