34620 Federal Register / Vol. 71, No.

115 / Thursday, June 15, 2006 / Notices

Alan White, Supervising Attorney, U.S. postal mail in the Washington area received on or before the date specified
Community Legal Services, Philadelphia, and at the Commission is subject to in the DATES section.
Pennsylvania delay due to heightened security
Marva E. Williams, Senior Vice President, Analysis of Agreement Containing
precautions. Comments that do not
Woodstock Institute, Chicago, Illinois Consent Order To Aid Public Comment
contain any nonpublic information may
Board of Governors of the Federal Reserve instead be filed in electronic form as The Federal Trade Commission has
System, June 12, 2006. part of or as an attachment to email accepted, subject to final approval, an
Jennifer J. Johnson, messages directed to the following e- agreement containing a consent order
Secretary of the Board. mail box: https:// from Take-Two Interactive Software,
secure.commentworks.com/ftc-taketwo/. Inc. and Rockstar Games, Inc. (‘‘the
[FR Doc. E6–9336 Filed 6–14–06; 8:45 am]
companies’’). The proposed consent
BILLING CODE 6210–01–P The FTC Act and other laws the
order has been placed on the public
Commission administers permit the
record for thirty (30) days for receipt of
collection of public comments to
comments by interested persons.
FEDERAL TRADE COMMISSION consider and use in this proceeding as
Comments received during this period
appropriate. All timely and responsive
[File No. 052 3158] will become part of the public record.
public comments, whether filed in
After thirty (30) days, the Commission
paper or electronic form, will be
Take-Two Interactive Software, Inc. will again review the agreement and the
considered by the Commission, and will
and Rockstar Games, Inc.; Analysis of comments received, and will decide
be available to the public on the FTC whether it should withdraw from the
Proposed Consent Order To Aid Public
Web site, to the extent practicable, at agreement or make final the agreement’s
Comment
http://www.ftc.gov. As a matter of proposed order.
AGENCY: Federal Trade Commission. discretion, the FTC makes every effort to This matter involves alleged
ACTION: Proposed consent agreement. remove home contact information for deceptive representations in advertising
individuals from the public comments it and on product packaging concerning
SUMMARY: The consent agreement in this receives before placing those comments the content in the video game Grand
matter settles alleged violations of on the FTC Web site. More information, Theft Auto: San Andreas (‘‘San
Federal law prohibiting unfair or including routine uses permitted by the Andreas’’). In September 2004, the
deceptive acts or practices or unfair Privacy Act, may be found in the FTC’s companies submitted materials to the
methods of competition. The attached privacy policy, at http://www.ftc.gov/ Entertainment Software Rating Board
Analysis to Aid Public Comment ftc/privacy.htm. (‘‘ESRB’’) for the purpose of obtaining a
describes both the allegations in the FOR FURTHER INFORMATION CONTACT: rating for the PlayStation 2 version of
draft complaint and the terms of the Richard F. Kelly (202/326–3304) or San Andreas. The companies did not
consent order—embodied in the consent Keith R. Fentonmiller (202/326–2775), inform the ESRB about the existence of
agreement—that would settle these Bureau of Consumer Protection, 600 an interactive sex mini-game that was
allegations. Pennsylvania Avenue, NW., embedded in the game’s computer code,
DATES: Comments must be received on Washington, DC 20580. but was inaccessible during normal
or before July 10, 2006. game play. Nor did the companies tell
SUPPLEMENTARY INFORMATION: Pursuant the ESRB that the game disc contained
ADDRESSES: Interested parties are to section 6(f) of the Federal Trade data files (unused in game play) for
invited to submit written comments. Commission Act, 38 Stat. 721, 15 U.S.C. female skins, which, if accessed, render
Comments should refer to ‘‘Take-Two 46(f), and § 2.34 of the Commission the female characters partially or
Interactive Software, Inc., et al., File No. Rules of Practice, 16 CFR 2.34, notice is completely nude. However, the ESRB’s
052 3158,’’ to facilitate the organization hereby given that the above-captioned published requirements in effect at that
of comments. A comment filed in paper consent agreement containing a consent time did not state that game companies
form should include this reference both order to cease and desist, having been were required to disclose unused skins
in the text and on the envelope, and filed with and accepted, subject to final in the game software or content in the
should be mailed or delivered to the approval, by the Commission, has been game code that was inaccessible and
following address: Federal Trade placed on the public record for a period unplayable without modifying the code.
Commission/Office of the Secretary, of thirty (30) days. The following Based on the companies’ submission,
Room 135–H (Annex N), 600 Analysis to Aid Public Comment the ESRB assigned San Andreas a M
Pennsylvania Avenue, NW., describes the terms of the consent (Mature 17+) rating and content
Washington, DC 20580. Comments agreement, and the allegations in the descriptors for Blood and Gore, Intense
containing confidential material must be complaint. An electronic copy of the Violence, Strong Language, Strong
filed in paper form, must be clearly full text of the consent agreement Sexual Content, and Use of Drugs. The
labeled ‘‘Confidential,’’ and must package can be obtained from the FTC companies released the Playstation 2
comply with Commission Rule 4.9(c). Home Page (for June 8, 2006), on the version of San Andreas in October 2004.
16 CFR 4.9(c) (2005).1 The FTC is World Wide Web, at http://www.ftc.gov/ On June 7, 2005, the companies
requesting that any comment filed in os/2006/0/index.htm. A paper copy can released versions of San Andreas
paper form be sent by courier or be obtained from the FTC Public playable on PCs and the Xbox console.
overnight service, if possible, because Reference Room, Room 130–H, 600 The PC and Xbox game discs also
Pennsylvania Avenue, NW., contained the same code for the sex
1 The comment must be accompanied by an
Washington, DC 20580, either in person mini-game and the nude skins. As with
explicit request for confidential treatment,
including the factual and legal basis for the request,
or by calling (202) 326–2222. the PlayStation 2 version, the
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and must identify the specific portions of the Public comments are invited, and may companies did not disclose the
comment to be withheld from the public record. be filed with the Commission in either existence of the disabled sex mini-game
The request will be granted or denied by the
Commission’s General Counsel, consistent with
paper or electronic form. All comments or the nude skins on the PC and Xbox
applicable law and the public interest. See should be filed as prescribed in the game discs. The ESRB rated the PC and
Commission Rule 4.9(c), 16 CFR 4.9(c). ADDRESSES section above, and must be Xbox versions of the game M (Mature

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 Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Notices 34621

17+) and assigned the same content disabled, but potentially playable, By direction of the Commission.
descriptors previously assigned to the software code for a sexually explicit Donald S. Clark,
PlayStation 2 version. mini-game that the ESRB had not rated. Secretary.
The ESRB rating information The presence on the game discs of this [FR Doc. E6–9359 Filed 6–14–06; 8:45 am]
appeared in print, television, and unrated content that might change, and, BILLING CODE 6750–01–P
retailer advertisements for Grand Theft in fact, did change, the rating of the
Auto: San Andreas, and on game game to AO (Adults Only 18+) with an
packaging, for all three versions of the additional content descriptor for nudity, DEPARTMENT OF HEALTH AND
game. Among other things, the would have been material to many HUMAN SERVICES
companies made the following claims consumers, particularly parents, in their
about the game: ‘‘MATURE 17+ * * * purchase, rental, or use of the product. Centers for Disease Control and
M * * *’’ and ‘‘CONTENT RATED BY The complaint alleges that the Prevention
ESRB.’’ None of the advertising companies’ failure to disclose these
mentioned that the game contained [60Day–06–0601]
facts, in light of the representation
nudity.
On June 9, 2005—two days after the made, was and is a deceptive practice. Proposed Data Collections Submitted
release of the PC version of the game— The proposed consent order contains for Public Comment and
game enthusiasts posted a program on provisions designed to prevent the Recommendations
the Internet, which, when downloaded companies from engaging in similar acts In compliance with the requirement
and installed on a user’s PC, enables the and practices in the future. Part I of the of section 3506(c)(2)(A) of the
sex mini-game code. This program was consent order requires the companies, Paperwork Reduction Act of 1995 for
dubbed ‘‘Hot Coffee.’’ A subsequent in connection with the advertising, sale, opportunity for public comment on
version of the program imported nude or distribution of any electronic game, proposed data collection projects, the
skins resident on the game disc onto to disclose, clearly and prominently, on Centers for Disease Control and
several of the female characters. product packaging and in any Prevention (CDC) will publish periodic
PlayStation 2 and Xbox players promotion or advertisement for an summaries of proposed projects. To
eventually were able to access the mini- electronic game, content relevant to the request more information on the
game by physically modifying or adding rating, unless that content has been proposed projects or to obtain a copy of
a hardware accessory to their game disclosed sufficiently in prior the data collection plans and
console, installing special software, and submissions to the rating authority. Part instruments, call 404–639–5960 and
inputting cheat codes developed by I also prohibits the companies from send comments to Seleda Perryman,
third parties. misrepresenting the rating or content CDC Assistant Reports Clearance
On July 20, 2005, the ESRB revoked descriptors for an electronic game, and Officer, 1600 Clifton Road, MS–D74,
the existing rating for the game as a Atlanta, GA 30333 or send an e-mail to
requires the companies to establish and
result of, among other things, viewing [email protected].
implement, and thereafter maintain, a
Grand Theft Auto: San Andreas as Comments are invited on: (a) Whether
comprehensive system reasonably
modified by the Hot Coffee program and the proposed collection of information
the widespread availability of that designed to ensure that all content in an
electronic game is considered and is necessary for the proper performance
program. The companies entered into an of the functions of the agency, including
agreement with the ESRB that provided reviewed by the companies in preparing
whether the information shall have
that they would not contest a change in submissions to a rating authority.
practical utility; (b) the accuracy of the
rating for the game from M (Mature 17+) Finally, Part I of the order states that
agency’s estimate of the burden of the
to AO (Adults Only 18+) with an nothing in the order shall constitute a
proposed collection of information; (c)
additional content descriptor for nudity. waiver of the companies’ right to assert
ways to enhance the quality, utility, and
The companies also agreed to re-label or that any of their conduct is or was
clarity of the information to be
recall all existing inventory, and to protected by the First Amendment to collected; and (d) ways to minimize the
make available to consumers a the United States Constitution or any burden of the collection of information
downloadable patch rendering the Hot analogous provision of a State on respondents, including through the
Coffee content inoperable. In response, constitution, except that the companies use of automated collection techniques
most retailers decided not to sell the re- nonetheless acknowledge their or other forms of information
labeled AO version of the game. In obligations to comply with the order. technology. Written comments should
September 2005, the companies released Parts II through V of the consent order be received within 60 days of this
a second M-rated version of San require the companies to keep copies of notice.
Andreas without the Hot Coffee content. relevant advertisements and
According to the FTC complaint, the Proposed Project
promotional materials, to provide copies
companies represented, expressly or by The National Tobacco Control
of the order to certain of their personnel,
implication, that the ESRB had rated the Program (NTCP) Chronicle Progress
to notify the Commission of changes in
content of the original versions of Grand Reporting System—Revision—(OMB
corporate structure, and to file
Theft Auto: San Andreas M (Mature No. 0920–0601) National Center for
compliance reports with the
17+) and that the ESRB had assigned the Chronic Disease Prevention and Health
Commission. Part VI provides that the
following content descriptors as part of Promotion (NCCDPHP), Centers for
the ESRB rating: Blood and Gore, order will terminate after twenty (20)
years under certain circumstances. Disease Control and Prevention (CDC).
Intense Violence, Strong Language,
Strong Sexual Content, and Use of The purpose of this analysis is to Background and Brief Description
jlentini on PROD1PC65 with NOTICES

Drugs. The complaint alleges that the facilitate public comment on the Tobacco use is the single most
companies did not disclose to proposed order, and it is not intended preventable cause of death and disease
consumers that the game discs to constitute an official interpretation of in the United States and most people
contained unused, but potentially the agreement and proposed order or to begin using tobacco in early
viewable, nude female skins and modify in any way their terms. adolescence. Annually, tobacco use

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