Home Gaming US Senator proposes a Loot Box Ban Bill to minimise “manipulative design”

US Senator proposes a Loot Box Ban Bill to minimise “manipulative design”

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loooooot

I don’t think anybody other than game publishers actually really likes Loot Boxes and microtransactions, but we as consumers have learned to put up with them, especially when they’re the less egregious sort that only doles out cosmetic fluff. Of course, there is that nice dopamine rush that comes with opening loot boxes, especially when they dish out items you actually want. Of course, while that feels good, it’s not quite the same as liking something; it’s more like an abusive relationship, and one of the reasons that legislators are starting to view loot boxes as being problematic.

US Senator Josh Hawley has now proposed new legislation that does away with loot boxes, pay-to-win mechanics and other bits of “manipulative design” in games that focus on children.

“In recent years, the video game industry has become increasingly reliant on monetization models that promote compulsive ‘microtransaction’ purchases by consumers,” Says Hawley in a a statement announcing the legislation on his website.

“When a game is designed for kids, game developers shouldn’t be allowed to monetize addiction,” says Hawley, “And when kids play games designed for adults, they should be walled off from compulsive microtransactions.”

Hawley goes so far as to say that “game developers who knowingly exploit children should face legal consequences.”

Hawley intends for his new bill, The Protecting Children from Abusive Games Act, to “apply new consumer protections to games played by minors.” In the summary of said Act, Hawley specifically targets Loot boxes and Pay-to-Win mechanics as “manipulative design”

Loot Boxes

  • Microtransactions offering randomized or partially randomized rewards to players

Pay-to-Win

  • Manipulation of a game’s progression system – typically by building artificial difficulty or other barriers into game progression – to induce players to spend money on microtransactions to advance through content supposedly available to them at no additional cost
  • Pay-to-win – Manipulation of the competitive balance between players of multiplayer games by allowing play

“Social media and video games prey on user addiction, siphoning our kids’ attention from the real world and extracting profits from fostering compulsive habits,” Says Hawley. “No matter this business model’s advantages to the tech industry, one thing is clear: there is no excuse for exploiting children through such practices.”

Responding to the bill’s announcement, The US’s Entertainment Software Association released a statement:

“We look forward to sharing with the senator the tools and information the industry already provides that keeps the control of in-game spending in parents’ hands,” the ESA’s statement continued, “Parents already have the ability to limit or prohibit in-game purchases with easy to use parental controls.”

They also said that “numerous countries, including Ireland, Germany, Sweden, Denmark, Australia, New Zealand, and the United Kingdom, determined that loot boxes do not constitute gambling.” Of course, they conveniently left out information that both the Netherlands and Belgium have decided otherwise. In those countries, loot boxes and similar mechanics deemed to be gambling are effectively banned, forcing developers and publishers to retool them for those regions. While pervasive microtransactions are likely to continue for the rest of us, pressure in the US might change that.

Last Updated: May 9, 2019

30 Comments

  1. Magoo

    May 9, 2019 at 12:37

    I wonder what will come after lootboxes. In what way will the EAndustry circumvent the law while still making money off of impulse and addiction.

    Reply

  2. For the Emperor!

    May 9, 2019 at 12:50

  3. Llama In The Rift

    May 9, 2019 at 13:13

    Now to monitor Randy’s twitter feed and see him freak the F out ?

    Want to believe it but know corporate America will not let this bill pass.

    Reply

    • Craig "Crios" Boonzaier

      May 9, 2019 at 13:21

      There will be no Microtransactions, except for these ones.

      Reply

      • Pariah

        May 9, 2019 at 14:53

        Lootboxes? No, we have none of those. Just these reward packs that give you a chance of getting the reward you want. Don’t worry, your chances increase each time you open a reward, and you always get rewarded! REWARDS!

        Reply

  4. Sean Carbutt

    May 9, 2019 at 14:27

    There is one small thing that most parents completely ignore. When you set up or your child sets up their Online ID, make sure that they use the correct date of birth. This will block them from using content that they are under aged for. Simple solution, but guaranteed, 99% of the parents do not do do it. My youngest son hates me for doing this, but i did it .

    Reply

  5. Pariah

    May 9, 2019 at 12:32

    In the US, where gun laws don’t change even when hundreds of people are killed, I’m doubtful anything will come of this unless parents start suing for millions.

    Reply

    • Admiral Chief Flammenwerfer

      May 9, 2019 at 14:04

      Gun laws won’t stop stupid people doing stupid things. You need anti HURR DURR laws.

      Reply

      • Pariah

        May 9, 2019 at 14:53

        Lol. I won’t argue that. But it’d be harder for them to get those guns to do stupid things, and make it more likely that the stupid ones get caught, or aren’t able to do as stupid stuff. You won’t eliminate the violence, but you’ll make it harder. But I didn’t post that to talk about the gun laws, tbh. It’s just for comparison’s sake.

        Reply

    • Magoo

      May 9, 2019 at 14:35

      Just like that time when they banned murder and nobody murdered anymore. 😉

      Reply

      • Pariah

        May 9, 2019 at 14:44

        Heh, while that’s funny (I did in fact lol), it’s about scaling it down. If murder was more legal, there’d be more murders. It’s about making it more difficult, adding barriers etc.

        And in the case of lootboxes, those legal barriers being in place would likely make the difference between what we have, and not having them at all.

        Reply

        • Magoo

          May 9, 2019 at 15:03

          I know, I agree. It was more a jab at your OTHER opinion. 😛

          Reply

          • Pariah

            May 9, 2019 at 15:03

            Wait… I have OTHER opinions? When did that happen? Why am I always the last to know these things? 🙁

          • Magoo

            May 9, 2019 at 15:20

            Your opinion first needs to be validated by the internet before you are allowed to have them. You should get an email soon.

          • Pariah

            May 9, 2019 at 15:20

            I’ll be sure to check my spam folder too! Remember, you promised!!!

  6. HvR

    May 9, 2019 at 12:42

    As much as I dislike the practice this is a bad idea. Lots of developers who are not exploitative like Warframe can be caught in the cross fire.

    There is an very very easy way to stop Lootboxes, do not support exploitative developers.

    EDIT:
    And for the love of god stop giving your kids access to credit card enabled accounts.

    Reply

    • Admiral Chief Flammenwerfer

      May 9, 2019 at 14:04

      Warframe doesn’t have loot boxes, it has RNG grindfests, or you can pay, but you know and get what you pay for

      Reply

      • HvR

        May 9, 2019 at 14:13

        It is something Geoff did not cover extensively in the article, the legislation targets both lootboxes and free-to-play pay2win games.

        Warframe, Hearthstone and MtG can very easily (most probably will) be included in overreaching legislation and regulation in the 2nd category.

        Reply

      • Pariah

        May 9, 2019 at 15:02

        That’s just adding artificial barriers in place to incite consumer spending. Just because the gameplay is mostly fun and the fact that you can eventually get what you want from grinding, doesn’t change that fact. Whales will spend. Stubborn bastards and people with free time will grind.

        Reply

        • Admiral Chief Flammenwerfer

          May 9, 2019 at 15:11

          I guess I’m a stubborn bastard 😛
          (When last did you play? Some really, really nice changes lately)

          Reply

          • Pariah

            May 9, 2019 at 15:11

            It’s been a WHILE lol. I last played just after they introduced the starmap 2.0 (whatever it was called) and they changed the relic things.

            I’ve even forgotten the damn names lol. XD

          • Admiral Chief Flammenwerfer

            May 10, 2019 at 09:26

            Give it a shot, crazy fun, BUILD YOUR OWN CUSTOM HOVERBOARD!!! DO TRICKS!!!! Venus open world map, Earth world map, wildlife preservation (tranq rifle!!!!) ALL DAT QUESTS

      • HvR

        May 9, 2019 at 14:13

        It is something Geoff did not cover extensively in the article, the legislation targets both lootboxes and free-to-play pay2win games.

        Warframe, Hearthstone and MtG can very easily (most probably will) be included in overreaching legislation and regulation in the 2nd category.

        Reply

        • Admiral Chief Flammenwerfer

          May 9, 2019 at 14:20

          FFS I hope not. I just got back in after a year long hiatus

          Reply

        • Pariah

          May 9, 2019 at 14:53

          Card packs are long overdue for regulation as gambling tbh, especially in the online variant. They’re lootboxes for cards. If you can pay money for the packs which give you random outcomes, it’s gambling. If it’s from in-game only rewards? Go wild.

          Reply

    • Magoo

      May 9, 2019 at 14:35

      There is an very very easy way to stop Lootboxes, do not support exploitative developers.

      The very existence of exploitation derives from one party not being aware of the role they are playing. And in a large scale, it’s not easy. It’s even worse than the opposite of easy: it’s not possible.

      Reply

      • HvR

        May 9, 2019 at 14:53

        I agree with the statement but you are ignoring 2 aspects.

        People who are not exploited and do not actively partake in purchasing lootboxes and dropping 1000’s on still purchase the game.

        Other people who will take a stand purchase not purchase the lootbox game still purchase other games from the same publishers and developers.

        We saw it work very well how just the public fall out on the EA SW lootbox saga has already made a difference in the industry. And it did it way faster than legislation could ever hope to to do.

        Reply

        • Magoo

          May 9, 2019 at 15:11

          On the point of ridding gaming of lootboxes I am saying it is not possible to do by boycott, because people show no signs of letting up on micro-expenditure no matter how bitter the sentiment towards it.

          Reply

    • Pariah

      May 9, 2019 at 15:03

      I do have to say one thing: intention and effect are not the same thing. Warframe isn’t exploitative in its practice, but that doesn’t mean people won’t in fact spend money at levels that aren’t ok. Sure, you can’t prevent that from happening, but adding barriers and making it more difficult to access will lessen the impact.

      It’s like telling a child not to play with fire (and you can be strict, too), but you’re leaving lighters and matches all over, easily accessible. If you put those away in hard to reach places, only the determined will go looking for them, while most will just find something else to play with.

      ~Edit: and to compare that to currently – EA et al are waving the matches around telling kids how fun fire is to play with and how pretty it looks when you burn stuff.

      Reply

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