FTC Denies Video Game Age-Verification Request to Allow NIST Review

The FTC on Friday denied the videogame industry’s request to use face-scanning technology to determine user ages under child privacy rules, the agency announced. The agency denied the request without prejudice to allow the National Institute of Standards and Technology to examine the proposed age-verification method. The Entertainment Software Rating Board, Yoti and SuperAwesome filed an application in June seeking FTC approval for the age-estimation technology that uses facial geometry (see 2401300018). The group on March 22 requested a stay on the decision to allow NIST time to analyze results. The commission voted 4-0 to deny the request without prejudice, meaning ESRB can refile after NIST completes its work. Newly seated Commissioner Melissa Holyoak (see 2403080038) participated in the unanimous vote. Andrew Ferguson, also recently confirmed, hasn’t taken office yet. ESRB said in a statement Monday it’s “disappointed” the FTC declined to issue a “substantive decision” and delay further an application the agency already twice postponed. “We remain hopeful that facial age estimation and other innovative technologies will be considered COPPA-compliant when used to obtain verifiable parental consent in the near future,” ESRB said, referring to the Children's Online Privacy Protection Act, the statutory basis for the application.