Double Eleven Survey｜Frequent disputes over recharges and refunds for children’s games: How to strengthen real-name authentication

Consumption disputes caused by minors’ game recharges have become a problem that cannot be ignored. According to a report from the China Consumers Association, in the first half of this year, the National Consumers Association received 18,075 complaints about online games, a year-on-year increase of approximately 22.26%. There are five main areas of consumer complaints, including the difficulty of recharge and refund for minors. For example, minors use their parents’ mobile phones to register game accounts and then recharge at high amounts, causing refund disputes. In recent years, relevant departments have successively introduced regulations to prevent minors from being addicted to online games, and implemented a real-name system for online games, which has achieved great results. However, some parents believe that some games can be registered and logged in with real-name accounts on third-party platforms, which "weakens" the real-name authentication of accounts by online games themselves. In addition, factors such as real-name authentication is not equivalent to "real-person authentication" and lack of parental supervision allow some minors to use their parents' identity information to register game accounts to bypass supervision, and even make large recharges. How to strengthen the supervision of real-name registration and login of online game user accounts? Should game companies strengthen face recognition? How to choose between protecting minors and the security of personal information? These issues require urgent attention. Some experts have called for a query platform to be built so that individuals can check which online game accounts have been registered with their own identity information, so as to prevent children from fraudulently using their parents' identity information. At the same time, parents must fulfill their guardianship responsibilities.

Parents’ mobile phones and “weakened” authentication On August 30, 2021, the National Press and Publication Administration issued the “Notice on Further Strict Management to Effectively Prevent Minors from Being Addicted to Online Games”, which emphasized that strict Implement real-name registration and login requirements for online game user accounts. All online games must be connected to the anti-addiction real-name verification system, and game services must not be provided in any form (including visitor experience mode) to users who have not registered and logged in with real names. In September this year, the "Online Game Industry Anti-Addiction Self-Discipline Convention" once again emphasized that game companies (including mini-game platforms) must fully access the National Press and Publication Administration's online game anti-addiction real-name verification system. It has been noted that some online games are associated or bound to accounts that have been authenticated by real-name on third-party platforms such as WeChat and QQ. When users log in to play games through third-party platform accounts, they do not need to re-authenticate through real-name authentication. This login method is more convenient, but it has also been criticized. . Ms. Huang said that her 14-year-old sister had recharged and spent more than 110,000 in the Shengshi Fanghua mobile game, reaching Noble Level 15. On October 10 this year, Ms. Huang complained on a certain platform that her 14-year-old sister used her mobile phone in September. Play the Shengshi Youth mobile game (note: an ancient palace dress-up and development game) on your mobile phone, and spend more than 110,000 yuan on recharge. The customer service consultation record posted by it shows that the customer service said that the game was played through the WeChat applet and asked whose WeChat account it was. Ms. Huang said that her sister used her mobile phone for online classes, and her WeChat payment password was the power-on password. In the end, customer service said that it was found that the game behavior did not meet the characteristics of a minor, and the certified identity information was that of an adult, so it did not meet the refund regulations. Ms. Huang believes that the Shengshi Fanghua mobile game has "weakened" real-name authentication through the WeChat applet, making it easier for minors to log in to the game when they get an adult's mobile phone. Reporters use their iPhones to open the WeChat mini program of the Shengshi Fanghua mobile game. They only need to agree to the privacy policy and can log in directly. There is no real-name authentication step of entering their name and ID number. The "currency" in the game is Yuan Bao. After selecting the recharge amount, you will enter the chat interface with Shengshi Fanghua WeChat customer service from the game interface. Click on the WeChat payment link pushed by the other party and enter the password to recharge. If you use an Apple mobile phone to download the Shengshi Youth mobile game from the APP Store, no matter you log in with a password after registration or log in with your mobile phone number and verification code, there is a real-name authentication link that requires you to enter your name and ID number. If you try to enter the wrong ID number or the wrong name, you will be prompted with "Identity authentication failed." In addition, when recharging money to this game, you need to enter your Apple ID password. The customer service of Guangzhou Huoyu Information Technology Co., Ltd., the operating company of Shengshi Fanghua, said that the real-name authentication of the mini program is bound to the real-name of the channel (WeChat), and the game does not require real-name authentication again. You can search for multiple games in the WeChat mini program and log in directly. To recharge, you need to enter the WeChat payment password. Due to lax parental discipline and other reasons, even if online games implement a real-name registration system, many minors will still use the identity information of their parents or relatives to register and log in to the game.

The Paper Quality Report Complaint Platform has received many similar complaints. Many complainants said that children used adults’ mobile phones to play games and make high-value recharges, and they only found out after the fact. For these complaints, game companies will actively follow up and deal with them, but it is also easy to cause difficult disputes. Ms. Cong from Tianjin reported that in September this year she discovered that since January 2022, her 15-year-old son had recharged more than 19,000 yuan in the online game "Genshin Impact" through WeChat Pay. She contacted the game operator to request a refund, and the customer service inquired about the child. The customer service specialist later said that the child's response to the device and method of recharge was "incomplete", so it could not be confirmed that the account recharge was performed by a minor. "There cannot be any mistakes about recharge," otherwise the refund appeal will be was dismissed. Ms. Cong said that in addition to recharging the money to the "Genshin Impact" game, the WeChat bill also contained multiple small transfers from children to classmates, which basically proves that the WeChat account is indeed used by children. In fact, in such disputes, how to collect evidence and what kind of evidence to provide are problems encountered by many complainants.

It is not easy for parents to provide evidence when applying for a refund, and the court will also consider the fault of the guardian. Children are addicted to online games and can easily recharge thousands of dollars, causing losses to many families. However, many parents face the problem of proof when defending their rights. Some parents said that although they did not buy mobile phones for their children, due to online classes, etc., the children would take the opportunity to use the parents' mobile phones to play games. The identity of the phone holder and the user did not correspond; some parents said that the children peeked at the parents' mobile phones. The payment password will also delete the recharge and deduction text messages, causing parents to notice it too late and unable to handle it in time. But these reasons are not easy to collect evidence for. A game player who requested anonymity said that if a game company fails to implement real-name authentication, parents can report it to law enforcement authorities. If this is implemented, parents will have a certain burden of proof when applying for a refund. Although the game company can judge to a certain extent whether the account is played by a minor through relevant data, such as nickname, game time, chat content, friends and other game behaviors, as well as customer service surveys, video inquiries of children, etc.; Each game company treats this matter with different enthusiasm and implements different review standards. These are related to the company's revenue and responsibility philosophy. Some companies will not withdraw as long as they can. The game person said that it is not ruled out that some adults may find excuses to apply for a refund after playing games and recharging. According to lawyers, attention should be paid to the weakening of "real-name authentication" in online games and the issue of "real names are not the same as real persons". Chen Qiang pointed out that from a legal perspective, if the child does not recharge without the consent of the guardian, the guardian has the right to request return. However, sometimes children use their parents’ identity information to register for games, or purchase authenticated adult game accounts through other networks. Game companies often require parents to prove that their children are using the account and that it is indeed their children's recharging behavior. This is very difficult for parents. If communication with the game company fails, some parents will choose to litigate. In May 2020, the Supreme People's Court issued the "Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronavirus Epidemic in accordance with the Law (II)", which clarified that "persons with limited capacity for civil conduct shall participate in online paid games or online live broadcast platforms without the consent of their guardians" If the guardian requests the network service provider to return the money if he/she spends money that is not appropriate for his or her age or intelligence through 'rewards' or other methods, the people's court should support it." In June 2020, Chen Qiang searched for some relevant information previously disclosed by courts across the country. Litigation over minors’ game recharge refunds. Parents also face a number of issues when it comes to discovery lawsuits. Chen Qiang said that first, from the court's perspective, when parents file a lawsuit as plaintiffs, they still have to provide evidence to prove that "it is indeed the child's own recharge consumption behavior," which will put pressure on parents to provide proof. Second, even if the parents can successfully provide evidence, such as through the account nickname, friends in the game account and chat records, and find that the behavioral characteristics of the account are consistent with those of minors, then the court will consider that this is indeed a recharge consumption behavior by a minor. But later the court will check the guardian. If the child's recharging behavior occurs multiple times, or lasts for a long time, and the guardian has not checked the funds in the bank account, then the parents may also be at fault in terms of supervision and education. Some courts will tend to share the proportion of liability based on the degree of fault of both parties. Third, some courts have held that props in games are also commodities. If a child purchases them and has already consumed them, it is difficult to claim a refund. If the children have not consumed them, they can ask the game company for a refund.

Chen Qiang believes that the state has clear regulations that online game platform companies should establish convenient and effective complaint reporting channels and accept complaints from guardians in a timely manner, but there is no prescribed processing time limit. Gaming companies may handle this according to their internal rules and procedures, resulting in longer processing times. He called on the competent authorities to formulate procedures for handling minors' recharge issues and clarify the materials that need to be submitted and the processing period.

Should games have comprehensive "face recognition"? What are the pros and cons? How to solve the problem of "real names are not the same as real people"? You, a senior partner of a law firm, said that for games on the gaming platform, it should be Adhering to separate real-name authentication, if only binding identification, is equivalent to creating a regulatory loophole. Chen Qiang also believes that supervision and punishment in the existing real-name authentication regulations for online games should be strengthened. According to the "China Young Players" report released in August 2022, since the introduction of the "Strict New Regulations to Prevent Addiction", the number of underage players in China has decreased by 39 million. However, 29% of underage players still play games for more than the stipulated three hours. The reason is that 82% of parents allow their children to use their identity information to play games. Both You Yunting and Chen Qiang pointed out that parents should effectively assume the responsibility of guardianship. Chen Qiang also suggested that relevant departments could launch a platform to query personal information about which game accounts have been registered, so that parents can prevent their children from using it fraudulently. The aforementioned gamers who requested anonymity said that the most convenient way to solve the problem of "real names are not equal to real people" is face recognition. However, facial recognition involves the storage and retrieval of biological information, and the country has strict restrictions in this regard. In 2021, Tencent became the first gaming company to pilot facial recognition authentication technology, deploying facial recognition technology in its games to plug loopholes in identity impersonation. According to data disclosed by Tencent, from January 17 to February 15, 2022 (during the winter vacation), an average of 7.92 million game accounts that have been authenticated as minors by real-name were blocked every day when they tried to log in to Tencent games during non-playable periods. . During the winter vacation, an average of 9.4 million adult game accounts were logged in every day with real-name authentication, and 43,000 accounts triggered facial recognition during the payment process; approximately 74.17% of accounts were logged in due to refusal or failure to pass verification. It was included in the anti-addiction supervision, and about 77% of the accounts in the payment process were blocked from recharging. According to the aforementioned anonymous gamers, the face recognition technology of some head game companies in the pilot stage does not perform facial recognition on all players. Instead, it determines that the player is suspected of being an underage player through a series of big data analysis. Face recognition. In Chen Qiang’s view, we must not only protect minors, but also consider the security of personal information. He personally believes that face information is sensitive biometric information, and it is not recommended to use face recognition indiscriminately for every game player. The "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Related to the Use of Facial Recognition Technology to Process Personal Information" will come into effect on August 1, 2021. The facial information referred to in this regulation belongs to the "biometric information" stipulated in Article 1034 of the Civil Code. The processing of facial information includes the collection, storage, use, processing, transmission, provision, disclosure, etc. of facial information. The regulations point out that if an information processor handles facial information under any of the following circumstances, the people's court shall determine that it is an act that infringes on the personality rights of natural persons. These include other situations in which facial information is processed in violation of the principles of legality, legitimacy, and necessity. In an interview with the media, a law firm partner once said that the latest "Personal Information Protection Law" mentioned a public service platform for government network identity verification. In the future, the needs of game manufacturers will be met by accessing such public service. The platform can solve privacy concerns. A senior partner of a law firm pointed out that some companies are actually unwilling to promote face recognition. First, it is not conducive to user gaming experience and will cause the loss of users. The second is that face recognition itself has corresponding costs, and the third is that it involves the risk of privacy leakage. The launch of facial recognition spot checks by leading gaming companies may also be related to the high pressure. You Yunting believes that facial recognition of suspected underage players is more appropriate. As long as the company does not intercept information in the system, the risks involved and privacy leakage are relatively small. "This state may already be the optimal solution. More companies should be encouraged to do this, increase investment in technology research and development, and prevent minors from becoming addicted while taking into account information security."