US government denies ESRB's AI-powered face-scanning 'age estimation' proposal, but it's probably not gone for good

Gaming IndustryUS government denies ESRB’s AI-powered face-scanning ‘age estimation’ proposal, but it’s probably not gone for goodWhen you purchase through links on our site, we may earn an affiliate commission.Here’s how it works.

When you purchase through links on our site, we may earn an affiliate commission.Here’s how it works.

(Image credit: ESRB (via FTC))

ESRB Privacy-Protective Facial Age Estimation illustration

In 2023, the Entertainment Software Rating Board, along with digital identity company Yoti and “youth marketing solutions” provider Superawesome, filed a proposal with the FTC for a new “verifiable parental consent mechanism” calledPrivacy-Protective Facial Age Estimation. The FTC has now issued itsresponseto that proposal, and the answer is “no”—for now.

The ESRB’s proposed technology stirred feathers almost immediately, and understandably so: The idea of having to essentially submit a selfie to prove to a machine that you’re old enough to play GTA 6 is inherently intrusive, and that’s before you even get into questions oftechnological biasand whether or not the thing would work well enough to justify the headaches that would inevitably erupt for at least some users.

The ESRB moved quickly toreassure the publicthat the system is not meant to identify individuals but simply to estimate age, and that it would not store any data after the analysis was complete. It was also not intended to ensure compliance with the ESRB’s age ratings, but rather with COPPA—theChildren’s Online Privacy Protection Act—a US privacy law that requires “verifiable parental consent” before companies are allowed to collect or share data from children under the age of 13.

Unlike the ESRB rating system, which is voluntary, COPPA is legally binding, and breaking that law can be awfully expensive. In 2022, for instance, Epic Games agreed to pay a$275 million penaltyfor COPPA violations, while in 2023 Microsoft ate a$20 million finefor violations of its own on Xbox Live. So you can understand why companies might be eager to find a low-effort system that enables them to at least say, “Hey, we tried.”

That reflects the reason for the denial, which came not because the FTC has concerns about millions of people submitting selfies to an AI-powered machine dedicated to government oversight, but because it’s not clear how (or, I suppose, if) it will work.

In alettersent to the ESRB group, the FTC noted that Yoti had submitted a “facial age estimation model” to the National Institute of Standards and Technology in September 2023, but the NIST’s evaluation has not yet been delivered. On March 22 the ESRB asked for a 90-day delay of any ruling on the matter to allow for the NIST’s report to be delivered, but because there’s no indication the report will show up within that time frame, the FTC has simply decided to toss the whole thing.

The biggest gaming news, reviews and hardware deals

Frankly I think the world would be a better place if this whole idea went away completely, but that seems unlikely. In its denial, the FTC said it “is taking no position on the merits of the application,” and effectively encouraged a re-submission once the NIST report is finished, “when the Commission anticipates that additional information will be available to assist the Commission and the public in better understanding age verification technologies and the application.”

(Image credit: ESRB (via FTC))

ESRB Privacy-Protective Facial Age Estimation illustration

In a statement provided to PC Gamer, an ESRB representative said it was “disappointed” that the FTC didn’t issue a “substantive decision” or allow for a further delay in the application.

“Unfortunately, instead of accommodating our request to stay its decision for another 90 days to give the Commission sufficient time for consideration of the NIST report, the FTC declined the application without prejudice. In light of the FTC’s statements in its recent COPPA Notice of Proposed Rulemaking (and elsewhere) welcoming innovation in VPC methods, 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.”

More about gaming industryLords of the Fallen studio embraces fear of the DEI boogeyman, says it will not include ‘any social or political agendas’ in its gamesEpic CEO Tim Sweeney says tech leaders are ‘pretending to be Republicans’ to gain favor with Trump, skirt antitrust laws, and ultimately ‘rip off consumers and crush competitors’LatestToday’s Wordle answer for Saturday, January 11See more latest►

More about gaming industry

Lords of the Fallen studio embraces fear of the DEI boogeyman, says it will not include ‘any social or political agendas’ in its gamesEpic CEO Tim Sweeney says tech leaders are ‘pretending to be Republicans’ to gain favor with Trump, skirt antitrust laws, and ultimately ‘rip off consumers and crush competitors’

Lords of the Fallen (2023) promotional image - very large man with a very large hammer on a very large horse charging a very small man with a very small magic sword

Lords of the Fallen studio embraces fear of the DEI boogeyman, says it will not include ‘any social or political agendas’ in its games

Tim Sweeney

Epic CEO Tim Sweeney says tech leaders are ‘pretending to be Republicans’ to gain favor with Trump, skirt antitrust laws, and ultimately ‘rip off consumers and crush competitors’

LatestToday’s Wordle answer for Saturday, January 11See more latest►

Latest

Today’s Wordle answer for Saturday, January 11

Wordle answers

Today’s Wordle answer for Saturday, January 11

See more latest►

Most PopularPiranha Games will lay off employees after Mechwarrior 5: Clans ‘performed below projections’Marvel Rivals’ latest update quietly killed the game’s burgeoning mod sceneSorry everyone, Minecraft 2 is cancelled, and it might be our faultTeam Fortress 2 just had the single biggest trade in its history, with ‘the absolute best hat you can get’ going for around $40KIs the new RTX 5070 really as fast as Nvidia’s previous flagship RTX 4090 GPU? Turns out the answer is yes. Kinda.Elden Ring: Nightreign is getting a closed network test, and I’m totally not fuming because PC players aren’t invited to the party, or anythingIf you’re a content creator and gamer looking for a CPU upgrade, this Ryzen 9 9900X deal will get you $90 offAMD is now reportedly making all-American Ryzen 9000 CPU dies at TSMC’s Arizona fabI tried a sim racing rig that generates ‘wind’ at CES 2025 and it’s claimed to help keep VR nausea at bayFinal Fantasy 14 communities panic as it turns out change to blacklisting, meant to help reduce stalking, also lets players use mods to track their altsTikTok’s time in the US may be ticking to a close as it makes a last stand in the Supreme Court, though Trump now says he ‘opposes banning’ it

Most Popular

Piranha Games will lay off employees after Mechwarrior 5: Clans ‘performed below projections’

Marvel Rivals’ latest update quietly killed the game’s burgeoning mod scene

Sorry everyone, Minecraft 2 is cancelled, and it might be our fault

Team Fortress 2 just had the single biggest trade in its history, with ‘the absolute best hat you can get’ going for around $40K

Is the new RTX 5070 really as fast as Nvidia’s previous flagship RTX 4090 GPU? Turns out the answer is yes. Kinda.

Elden Ring: Nightreign is getting a closed network test, and I’m totally not fuming because PC players aren’t invited to the party, or anything

If you’re a content creator and gamer looking for a CPU upgrade, this Ryzen 9 9900X deal will get you $90 off

AMD is now reportedly making all-American Ryzen 9000 CPU dies at TSMC’s Arizona fab

I tried a sim racing rig that generates ‘wind’ at CES 2025 and it’s claimed to help keep VR nausea at bay

Final Fantasy 14 communities panic as it turns out change to blacklisting, meant to help reduce stalking, also lets players use mods to track their alts

TikTok’s time in the US may be ticking to a close as it makes a last stand in the Supreme Court, though Trump now says he ‘opposes banning’ it

HARDWARE BUYING GUIDESLATEST GAME REVIEWS1Best Steam Deck accessories in Australia for 2025: Our favorite docks, powerbanks and gamepads2Best graphics card for laptops: the mobile GPUs I’d want in my next gaming laptop3Best mini PCs in 2025: The compact computers I love the most4Best 14-inch gaming laptop: The top compact gaming laptops I’ve held in these hands5Best Mini-ITX motherboards in 2025: My pick from all the mini mobo marvels I’ve tested1Thank Goodness You’re Here! review2Shiren the Wanderer: The Mystery Dungeon of Serpentcoil Island review3WD Black SN850X 8 TB NVMe SSD review4Ikea Utespelare desk review5Asus ROG Harpe Ace Mini wireless mouse review

HARDWARE BUYING GUIDESLATEST GAME REVIEWS

1Best Steam Deck accessories in Australia for 2025: Our favorite docks, powerbanks and gamepads

A bunch of the best Steam Deck accessories on a blue background.

1Best Steam Deck accessories in Australia for 2025: Our favorite docks, powerbanks and gamepads

Best Steam Deck accessories in Australia for 2025: Our favorite docks, powerbanks and gamepads

2Best graphics card for laptops: the mobile GPUs I’d want in my next gaming laptop

Best graphics card for laptops: the mobile GPUs I’d want in my next gaming laptop

3Best mini PCs in 2025: The compact computers I love the most

Best mini PCs in 2025: The compact computers I love the most

4Best 14-inch gaming laptop: The top compact gaming laptops I’ve held in these hands

Best 14-inch gaming laptop: The top compact gaming laptops I’ve held in these hands

5Best Mini-ITX motherboards in 2025: My pick from all the mini mobo marvels I’ve tested

Best Mini-ITX motherboards in 2025: My pick from all the mini mobo marvels I’ve tested

1Thank Goodness You’re Here! review

Thank Goodness You’re Here review

1Thank Goodness You’re Here! review

Thank Goodness You’re Here! review

2Shiren the Wanderer: The Mystery Dungeon of Serpentcoil Island review

Shiren the Wanderer: The Mystery Dungeon of Serpentcoil Island review

3WD Black SN850X 8 TB NVMe SSD review

WD Black SN850X 8 TB NVMe SSD review

4Ikea Utespelare desk review

Ikea Utespelare desk review

5Asus ROG Harpe Ace Mini wireless mouse review

Asus ROG Harpe Ace Mini wireless mouse review

The biggest gaming news, reviews and hardware deals#

The biggest gaming news, reviews and hardware deals