The Family Entertainment Protection Act is designed to penalize game retailers for violating the ESRB standard. If you sell an ESRB game with a rating of M or higher to someone under the age of 17, you are punished with a $1,000 fine or 100hrs of community service. The penalty is $5000 or 500hrs of community service for repeated violations.
The ESRB is an industry group that rates games submitted by publishers. I believe participation in the ratings system is voluntary, much like how the film industry abides by MPAA-assigned ratings. (They don't have to; they can always release things 'unrated', they simply won't be carried by as many theaters.)
There is no written law that enforces a criminal or civil penalty if you violate the movie rating guideline. If a kid sneaks into an R-rated film, movie theaters aren't hit with a cash penalty. Movie theaters, like game retailers, voluntarily enforce the ratings system to a greater or lesser extent. It's pretty easy to argue that theaters are lax about enforcement, too, with the number of kids that sneak into R rated movies.
The Family Entertainment Protection Act puts the force of law behind a voluntary industry rating standard. But that ain't all...
1) It has the Federal Trade Commission appoint a second organization to act as an ESRB watchdog. This could lead to the government having a way to influence the ESRBs actual ratings.
2) The `Hot Coffee` provision; If game makers hide content that can be unlocked by patch or keystroke, the FTC can enact an order pursuant to 15 USC 45, the order that allows them to regulate unfair and deceptive practices in the marketplace. This allows the trade commission to issue orders of whatever nature it so chooses, including halting the sale of a product, forcing a product to leave the market, or otherwise punishing a company for what it deems an unfair practice. Cash fines of $10k per order violation are listed in the USC, too.
Other state laws in the past that tried to enforce a penalty for selling violent games to kids were struck down as unconstitutional. This was largely because the laws used vague, non-specific language to define games that caused a problem. This page has examples from California's 2005 law:
http://arstechnica.com/news.ars/post/20051011-5418.html
ex., They define "heinous" to mean "shockingly atrocious", which itself has no specific legal definition. It's a subjective term and would have led to uneven enforcement.
The Family Entertainment Protection Act is specific enough - it makes no vaguaries of its own - but it still calls for a cash penalty tied to what is, in essence, a subjective ratings process. And it does so even though the movie industry is not subjected to the same penalty for violations of their similar rating system, probably because the MPAA has some very pricey lobbyists working on its behalf.
Also, the bill itself appears to have some specious information listed for it's justification.
Quote:
(2) Experimental research and longitudinal research conducted over the course of decades shows that exposure to higher levels of violence on television, in movies, and in other forms of media in adolescence causes people in the short-term and, after repeated exposure, even years later to exhibit higher levels of violent thoughts, anti-social and aggressive behavior, fear, anxiety, and hostility, and desensitization to the pain and suffering of others.
(3) This evidence is so strong, it has been replicated in so many populations, and it draws on such diverse methodologies that a 2003 comprehensive review of the literature concluded `the scientific debate over whether media violence increases aggression and violence is essentially over' and 6 major medical and public health organizations, including the American Medical Association and the American Psychological Association, issued a Joint Statement to Congress in 2000 stating that research points `overwhelmingly to a causal connection between media violence and aggressive behavior'.
(4) New research shows that exposure to violent video games causes similar effects as does exposure to violence in other media, including increased levels of aggression in both the short-term and long-term, and research shows that the uniquely interactive, engaging nature of video games may be especially powerful in shaping children's thoughts, feelings, and behaviors.
(5) Research shows that children are more likely to imitate the actions of a character with whom they identify, and in violent video games the player is often provided with a behavioral script where he or she takes the point of view of the shooter or perpetrator.
(6) Research shows that children are more likely to learn from behaviors that they repeat over and over again and behaviors that they are rewarded for taking, and in most video games, surveys show, players repeat actions over and over again, aggression goes unpunished, and perpetrators are rewarded for taking aggressive action
Text of the bill: http://thomas.loc.gov/cgi-bin/query/z?c109:S.2126:
The Family Entertainment Protection Act was introduced in December of 2005 (way to be on the ball, VGVN) and is currently residing in a Senate committee (the Committee on Commerce, Science, and Transportation, findable at http://commerce.senate.gov/).