The US Government has dealt a blow to the Entertainment Software Ratings Board (ESRB) by turning down its facial-age estimation tool for gaming. In a new announcement, the Federal Trade Commission (FTC) rejected an application seeking approval for this ESRB-backed technology, at least for the time being.
Back in June 2023, the ESRB proposed a new age-detection method to verify parental consent through facial scans and prevent unauthorized access to games. The US-based ratings board joined forces with digital identity firm Yoti and Epic Games-owned youth marketing company SuperAwesome to file the application to the FTC. Moreover, the applicants underlined that the technology wasn't a way to enforce ESRB ratings but to prevent any violation of COPPA, which is a federal law that concerns the collection of personal information of users aged under 13.
In the latest development, the FTC has announced that the ESRB-supported verification method which uses the Privacy-Protective Facial Age Estimation technology has been rejected by the committee's unanimous decision for now. Going over the post, it's worth noting that the rejection came due to a lack of a detailed description of the proposed method and the inability of the method to ensure that the person giving consent is the parent.
Further, the announcement highlighted that the public's concern regarding the use of the facial-age estimation technology included doubts about its accuracy, privacy risks, and vulnerability to deepfakes. Additionally, the document revealed that the rejection came after the applicants failed to address these concerns in time despite two extensions. It also said that a third extension was requested by ESRB and parties but was denied.
However, the FTC letter acknowledged it was aware that Yoti shared the facial-age estimation technology with the National Institute of Standards and Technology and that it should help all stakeholders understand the proposed method better. In saying so, the FTC has left the door open for ESRB and others to file the proposal again in the future.
Age-Related Legal Woes of Game Companies
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From Xbox to Epic Games, a number of game companies have been caught up in age-related lawsuits in the past. Last June, Microsoft had to pay a fine of $20 million after it had been found in violation of COPPA rules. A year before that, Epic Games landed in hot water for violating similar age-related laws and ended up paying more than $500 million as a penalty. Understandably, ESRB's proposal for a new age-verification method based on facial scanning is a way to try and prevent such law violations going forward.
