Democratic gains in the US midterm elections could renew efforts to regulate technology affecting the video game industry, including generative AI and digital purchases. But a divided government, the limits of state laws and the global nature of the industry mean the result is unlikely to bring quick, sweeping change.
Congress can pass legislation, but President Donald Trump remains in the White House and can veto bills. Overriding a veto requires a two-thirds majority in both chambers, a threshold the article describes as out of reach under the current political balance. Democrats could still exert pressure through congressional hearings, control of federal spending and scrutiny of regulatory appointments.
State governments may have more room to act. The article points to California, Washington and New York, where major game publishers and digital platforms have a significant presence. It says local lawmakers could consider protections against the non-consensual use of performers’ voices and movements in generative AI, following concerns raised by creative workers, including SAG-AFTRA performers.
Proposals to restrict the construction of large data centers could also increase the cost of training AI models and using cloud services. However, that would not prevent studios from using existing models or tools for tasks such as coding assistance, procedural generation and texture creation. Constraints on infrastructure could slow some forms of expansion without ending AI adoption in game development.
Digital ownership is another potential focus. Democratic initiatives could seek clearer disclosures explaining that a digital purchase may be a revocable license rather than permanent ownership. But transparency alone would not stop publishers from shutting down online services, which can make some games unplayable. The article notes that US law does not currently require companies to provide offline patches or release server code when a game reaches the end of its life.
The election outcome could create stronger protections for performers and other creative workers, but it does not guarantee the preservation of digital game libraries or halt the spread of AI. Any changes would have to contend with political constraints and an industry shaped by global technical and economic forces.
Sources: Jeuxvideo.com.