A4469

An Act concerning video game marketplace platforms and human trafficking, and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Gaming platform” means an electronic delivery system used to launch or play an interactive game; broadcast, transmit, record, or view the playing of an interactive game; or otherwise allow a person to participate in the playing or viewing of an interactive game. Gaming platform includes systems using the Internet, an Internet connected device, proprietary computer network, or a mobile telephone network. Gaming platform also includes systems through which a person may engage in off-track wagering pursuant to the “Off-Track and Account Wagering Act,” P.L.2001, c.199 (C.5:5-127 et seq.); Internet gaming pursuant to P.L.2013, c.27 (C.5:12-95.17 et seq.); sports wagering pursuant to P.L.2018, c.33 (C.5:12A-10 et seq.); fantasy sports activities pursuant to section 2 of P.L.2017, c.231 (C.5:20-2); or any game regulated by the Legalized Games of Chance Control Commission.

“Video game marketplace” means a gaming platform, or any facility, including but not limited to, a physical commercial premises; trade exhibition, show, fair, or convention; Internet website or Internet connected device; proprietary computer network, or mobile telephone network, the primary business or purpose of which is to allow or facilitate the sale, offer for sale, purchase, rental, trading, collecting, advertising, marketing, promotion, distribution, downloading, archiving, programming, or discussion of interactive games or the features thereof, whether or not for any fee or remuneration.

2. a. (1) Upon the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Attorney General shall initiate and conduct an investigation into the use and exploitation of online gaming platforms and video game marketplaces in furtherance of the commission of the crimes of human trafficking and commercial sex abuse of minors. The investigation shall be ongoing, and shall produce updated findings from time to time in light of developments in technology and the gaming industry.

(2) No later than 18 months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and annually thereafter, the Attorney General shall submit to the Governor, and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report of the investigation conducted pursuant to paragraph (1) of this subsection.

b. The investigation conducted pursuant to subsection a. of this section shall, at minimum:

(1) gather and review information from this State, nationally, and internationally concerning the exploitation of gaming platforms, video game marketplaces, and similar Internet-based services by perpetrators of human trafficking and commercial sex abuse of minors;

(2) receive and investigate consumer complaints concerning specific instances of suspected human trafficking or commercial sex abuse of minors on a gaming platform or video game marketplace;

(3) identify specific gaming platforms and video game marketplaces, and the specific features of such services, that are particularly vulnerable to exploitation;

(4) document the methods used by perpetrators to exploit gaming platforms and video game marketplaces;

(5) determine the scope of the problem concerning the exploitation of gaming platforms and video game marketplaces including, but not limited to, the social and economic impact of the problem on the gaming industry and the public; and

(6) develop recommendations for prevention and enforcement including, but not limited to, recommendations which may be implemented by gaming platform and video game marketplace operators, law enforcement agencies, schools, community organizations, the Governor, and the Legislature.

c. Nothing in this section shall be construed to limit or otherwise affect the ability of the Attorney General to pursue civil or criminal enforcement actions against human trafficking or commercial sex abuse of minors.

3. a. Any gaming platform or video game marketplace that does business in, is based in, or operates from this State, or is otherwise accessible to residents in this State, shall cooperate in good faith with the Attorney General’s investigation required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). Such cooperation shall include, but not be limited to: responding to all subpoenas and requests for information within 30 days; providing all relevant data and documents requested; and refraining from taking any adverse action against any employee, user, or whistleblower for complying with the investigation.

b. In securing cooperation from gaming platforms and video game marketplaces, the Attorney General may, in the Attorney General’s sole discretion, enter into individualized agreements with a gaming platform or video game marketplace concerning the confidentiality of proprietary or trade secret information and the privacy of users’ personally identifiable information.

c. A gaming platform or video game marketplace, or the owner, operator, employee, or agent thereof, who acts reasonably and in good faith to comply with the requirements of subsection a. of this section, shall be immune from civil or criminal liability for so acting.

d. (1) Any gaming platform or video game marketplace which violates the provisions of subsection a. of this section shall be liable to a civil penalty of not more than $5,000 for each violation. The civil penalty shall be collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding by the Attorney General before the Superior Court. The penalty shall be paid into the “Human Trafficking Survivor’s Assistance Fund” created pursuant to section 2 of P.L.2013, c.51 (C.52:17B-238).

(2) An action under paragraph (1) of this subsection to enforce the provisions of this section shall be in addition to, and shall not preclude, any enforcement action by a State agency that has issued a license, permit, certificate, or registration to the gaming platform or video game marketplace.

4. This act shall take effect immediately.

STATEMENT

This bill requires the Attorney General to conduct a comprehensive investigation into the use of online video game marketplaces for human trafficking and child abuse crimes. The bill responds to emerging evidence that criminal actors are exploiting anonymity and lack of oversight in video game commerce systems to conduct serious crimes, including the trafficking of children and adults.

The bill authorizes the Attorney General to identify platforms vulnerable to exploitation, document criminal methods, determine the scope of the problem, and develop recommendations for prevention and enforcement.

Significantly, the bill requires video game companies to cooperate with the investigation by responding to information requests within 30 days, and may not retaliate against users who cooperate with law enforcement. The bill includes protections for trade secrets and proprietary information while ensuring the Attorney General can effectively investigate.

The Attorney General must submit a comprehensive report to the Governor and Legislature within 18 months, detailing findings and recommending legislative or regulatory actions. Civil penalties are established for companies that fail to comply with information requests or that obstruct the investigation, with recovered penalties deposited in the Human Trafficking Survivor’s Assistance Fund.

The bill provides immunity from civil liability for companies that cooperate in good faith with the investigation, but does not provide immunity for companies that knowingly facilitate crimes. The bill preserves the Attorney General’s existing enforcement authority.

This legislation represents a critical step in protecting New Jersey residents, particularly children, from exploitation through emerging technologies and platforms while balancing the need for effective law enforcement with appropriate protections for legitimate business operations.