Here is the text of the letter send jointly by Senators Herb Kohl and Joseph I. Lieberman to major retailers. It is on United States Senate stationery. ================================== Dear __________: As you may know, we have been urging the interactive entertainment industry to develop an independent, uniform, and credible rating system to guide parents in the purchases of interactive entertainment software, including video games. At a joint hearing on March 4 before our sub committees, Mr. Jack Heistand, the chairman of the interactive Digital Software Association (IDSA), provided an encouraging progress report, outlining a system which will enable interactive entertainment products to be rated by an independent rating panel before reaching store shelves. That system will cover a wide range of software for use on closed platform formats, such as those produced by SEGA and Nintendo, as well as other formats, including PC software. Mr. Heistand reaffirmed the industry's commitment to have a rating system in operation in time for the coming holiday season. (Enclosed please find a copy of his written statement. Mr. Heistand testified, however, that the cooperation and support of retailers will be necessary to make a voluntary rating system work. We agree. At the hearing, representatives of three large retailers voiced their support for the industry's efforts. Executives from Wal-Mart, Toys "R" Us and Babbage's each committed to making a rating system effective in their stores. All three executives stated that their stores would not sell unrated products once a ratings system is in operation. They also outlined other appropriate steps which they will take, such as training their store personnel about the meaning of the ratings and segregating interactive entertainment products rated as appropriate for mature audiences from those which are appropriate for all ages. Moreover, they will make information about the ratings available to their customers. The stand that these companies have taken will serve their customers well. Commitments by other major retailers to take similar steps, particularly the policy of not selling games which have not been rated by independent reviewers prior to shipment, will be a significant contribution to making the rating effort work. To the extent that a voluntary industry rating effort is widely used and effective, the need for the enactment of the Federal legislation which we recently introduced is reduced. We believe that _HOW_ products are rated is as important as _WHETHER_ they are rated. The Software Publishers Association (SPA) is promoting an alternative rating program which would be less reliable and less credible than the IDSA approach. Under the SPA proposal, ratings would not be issued by an independent rating board, but instead by software publishers themselves. Thus, SPA ratings would not be insulated from a publisher's marketing pressures. Furthermore, the SPA system may expose retailers to greater monitory costs. These costs will arise from the increased likelihood that software products would have to be pulled from store shelves and re-rated if the publisher fails to rate the product appropriately. We ask that you commit to sell only interactive entertainment products rated by an independent, pre-market rating process and that you make it clear that software initially rated by publishers will not be carried. We also urge you to adopt other appropriate policies to ensure that the rating system is as effective as possible. Your leadership will send an important signal to the interactive entertainment industry and to the general public. Please let us know what commitments your company will make concerning implementation of the rating system. If you have any questions, please contact Mr. Sloan Walker of the staff of the Subcommittee on Regulation and Government Information at (202) 224-3993 or Mr. Jamie Schwing at the Subcommittee on Juvenile Justice (202) 224-4129. Sincerely, Herb Kohl Joseph I. Lieberman Chairman Chairman Judiciary Committee Governmental Affairs Subcommittee on Juvenile Justice committee, Subcommittee on Regulation and Government Information