The laws have not changed, but their application has evolved and long-standing industry practices are no longer enough. Statutes written decades ago don’t specify how gaming ecosystems should operate. The video game industry is a place of fast-moving innovation, where player expectations are high and new ideas are paramount. “Protecting the public, and especially children, from online privacy invasions and dark patterns is a top priority for the commission, and these enforcement actions make clear to businesses that the FTC is cracking down on these unlawful practices.”Įpic, in a statement about the settlement (at this link), said in part, “No developer creates a game with the intention of ending up here. “Epic used privacy-invasive default settings and deceptive interfaces that tricked ‘Fortnite’ users, including teenagers and children,” FTC Chair Lina M. (Epic said that in September 2022, it implemented “high privacy default settings” for “Fortnite” players under 18, under which chat defaults to “nobody” profile details default to hidden parties default to “invite only” and personalized recommendations are turned off by default.) As part of the agreement, in what the FTC said was a first-of-its-kind provision, Epic is required to adopt “strong privacy default settings for children and teens” and ensure that voice and text communications are turned off by default.
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