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Steam Still Can't Seem To Keep Its Hands Off Some 'Sex Games' Despite Hands Off Policy

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It's been three or so years since Valve announced a new "hands off" approach towards approvals for games on its dominant Steam storefront. This new "policy" was unfortunately rolled out in an extremely Steam-like manner: vague and largely indecipherable, full of holes, and all with a caveat baked in that Steam could still do basically whatever it wants. Later, the company clarified that the chief goal with all of this was to allow for more adult-oriented games while still giving Steam the ability to disallow "troll games", as though that actually clarified anything. Predictably, this new policy set off confusion all over the place, and even years into the change its application appears to be aggressively inconsistent.Three years in and it's still a problem. The developers of Holodexxx, a VR sex game featuring VR-rendered real-life porn stars, has expended thousands of dollars to try to comply with Steam's policies only to find the game banned from the platform. Interestingly, the developers of the game appear to have intended this to be less of a gross or trollish look at a sex video game and more as something that is both adult-oriented but a "sex positive" experience.

Holodexxx is a game in which simulated versions of real adult performers interact with the player in virtual reality, with AI guiding elements of the performance. Its creators bill it as an ethical, sex-positive game being made in conjunction with and featuring real sex workers. Steam, at this point, carries a plethora of games that include adult content—some of which venture into much dicier thematic territory than Holodexxx. But that didn’t stop Valve from chasing Holodexxx off its holodeck.
On pre-2018 Steam, this is a game that would absolutely not be allowed on the platform. But the whole point of the change in policy was supposed to be to allow for more content of this nature, so long as it didn't dive into "troll" territory. And, to some extent, that policy shift achieved its goal. There are a great many adult sex games on Steam these days, with the level of raunchiness in those games playing across a spectrum for that sort of thing. But in this case, the game has been rejected several times, no matter what the developer tries to do to comply with Steam's policy.
In a recent lengthy blog, the game’s developers outlined everything they’ve tried over the course of multiple months. To begin, they submitted a “PG-13 experience” to Steam starring a clothed version of adult film actress Riley Reid, along with a censored video of live adult stars. Valve, say Holodexxx’s developers, blocked the submission “with a boiler-plate explanation that video pornography was not allowed on Steam.” So then the developers spent additional time creating a new demo without video of adult stars, in which the player could instead look at a model of adult film actress Marley Brinx in a virtual environment. Again, Valve blocked it on the basis that it was “pornography.”At that point, Holodexxx’s developers went back to the drawing board and spent “months” on Holodexxx Home, a more elaborate interactive experience with dialogue systems and direct physical interactions. It involves undressing a character, but so do other games on Steam, so in theory, it doesn’t necessarily activate any of Valve’s tripwires. However, you can probably guess what happened next.“We submitted Home and waited a few weeks,” wrote Holodexxx’s developers. “After poking Steam via help tickets, our build was reviewed two days later... and banned. The explanation was again, that Steam does not allow ‘pornography’ on their platform.”
In all, the developer claims that it has spent something like $20,000 just trying to get a version in place that would meet Steam's guidelines. Unfortunately, that effort appears to have failed as that last rejection once again simply regurgitated the anti-pornography stance previously iterated.Now, let's be clear on a couple of things. First, you may not like the idea of adult games showing up on Steam. That doesn't really matter for this story. Steam shifted policies to allow for more of them and they can run their platform as they choose. Secondly, I'll reiterate that point: Steam can block this game from its platform if it wants.But the problem here is the lack of clarity in the policy and the inconsistency with which it is applied. If you need this broken down further, I'll put it this way: when a developer can spend five-figures trying to comply with a platform's policy and can't manage to do so, the problem is on the platform's end. Either the policy isn't clear enough for developers (check!), hasn't been applied in a way that's consistent enough to allow it to be interpreted (check!), or the communication in feedback to developers about the policy as it applies to their specific games hasn't been handled well (check!).In this case, Steam has failed at all three levels. Again, the platform can do as it pleases with its property, but if the platform is going to have a policy, it might as well make it one that actually works.

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posted at: 12:00am on 14-May-2021
path: /Policy | permalink | edit (requires password)

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South Dakota Court Says Government Doesn't Need To Pay For Home Cops Destroyed To Find A Fugitive Who Wasn't There

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Destroying houses appears to be a cop hobby. Somehow searching for suspects involves punching larger-than-man-size holes in walls, shattering every pane of glass that separates cops from perps, and forcibly removing every door that would otherwise open as designed if officers attempted to use the handles.Maybe some of this is justified if an armed and dangerous suspect is barricaded inside. But law enforcement agencies have made citizens suspected of nothing homeless while attempting to extricate shoplifting suspects, homeless people, and a man armed with nothing more than an ice cream bar. One woman's house was rendered unlivable after it was the centerpiece in a 10-hour standoff between local cops and the only resident located in the house: the family dog. And a house that contained no one was destroyed after its empty interior thwarted cops' efforts to apprehend a nonexistent suspect for more than 19 hours.Trying to get anyone other than innocent homeowners to pay for this damage is almost impossible. Almost every court has considered this the cost of doing government business -- something taxpayers are always asked to cover. If officers have a law enforcement reason to raze houses, the cost must be borne by those unhoused.Another case involving the destruction of a house to capture a suspect who wasn't even on the premises has made its way into the court system. And it has (mostly) dead-ended there, thanks to a recent decision by the South Dakota Supreme Court.In this case, the Hamlin County Sheriff's Department was searching for Gary Hamen, who had an outstanding arrest warrant for felony burglary and violation of a protective order. Gary -- who had threatened to shoot himself and anyone else he came in contact with -- called his father, Gareth, asking for a vehicle to drive to "Canada or Mexico." At that point, he was in a nearby trailer home owned by Gareth, located about 600 feet away from Gareth's trailer.Officers listened in on this phone call and deputies saw Gary exit the trailer and then walk back inside. The Sheriff's Department requested the assistance of the Watertown PD and secured a drone to fly over the trailer in an attempt to spot Gary or see any exit routes he might take.A SWAT team assembled and set up a perimeter around the trailer. But this effort appears to have been mostly pointless. From the decision [PDF]:

While the SWAT team attempted to contact Gary, officers received a report that a local resident had observed Gary running towards Castlewood. The resident reported that Gary came out of a tree line near a river and sewage pond, but he had run back into the trees. Sergeant Ellis and the SWAT team tried to locate Gary in this area and encountered another witness who also believed he had seen Gary. An officer inside the armored vehicle called Gary’s cellphone. Gary answered the phone call and claimed he was almost to Minnesota. He sounded out of breath, like he was running.
Law enforcement also spoke to Gary's brother-in-law, who confirmed he had seen Gary the previous night. During this conversation, officers received more information suggesting Gary was no longer in the trailer currently surrounded by a SWAT team.Not too far away, even more radio traffic suggested entering the trailer wasn't going to result in the discovery of the fugitive.
Meanwhile, Troy Jurrens, who ran a business from his home nearby, was listening to the transmissions among law enforcement on a police scanner as they attempted to locate Gary. He stated: “someone announced on the radio that they were ‘going back to the trailer,’” to which another voice responded, “he’s not in the trailer.” Troy claimed, “The first voice answered back saying they were going back anyway.”
Deputies told Gareth they were going to try to enter the trailer. They did not mention they were planning to destroy the trailer to do this. They also did not ask for consent to enter the trailer, which was the property of Gareth Hamen. Cop-on-house violence ensued.
Not long after, the Sheriff authorized SWAT and the SRT to breach doors and windows on the Hamens’ mobile home. According to Wishard’s affidavit, the “tactical procedure [to secure the mobile home] is to create communication portholes in attempts to call out any subject or subjects that may be hiding inside.” If unsuccessful, gas munitions are used to flush out anyone inside. To create the communication portholes for the Hamens’ trailer, an armored vehicle pulled away the front stairs and deck, which were not attached to the mobile home or secured in the ground, and pushed in the front door with a ram. The second armored vehicle opened three portholes on the opposite side of the mobile home by breaking through windows and a sliding patio door, causing significant damage to the walls and the septic system.
And then:
Shortly after this procedure and before officers entered the mobile home, Gary was seen walking in the river near the Hamens’ residence. Law enforcement apprehended him at approximately 6:00 p.m.
Gareth Hamen sued, seeking compensation for his destroyed property. But there's nothing in the law that says the government needs to pay for property it destroys -- at least not in this fashion. While state law does allow property owners to seek compensation under the state constitution (in order to "ensure that individuals are not unfairly burdened by disproportionately bearing the costs of projects intended to benefit the public generally"), that clause doesn't apply to cops destroying a house to find someone who wasn't even in it. And it's that way because this court has always said that's the way it is.
[O]ur prior decisions have consistently applied the public use language in article VI, § 13 to both the takings and damages clauses, while rejecting a right to compensation under article VI, § 13 when the action involved the state’s police power.
That eliminates one of the allegations. But there's still qualified immunity to consider. Unfortunately, the state Supreme Court says only one of those two allegations will survive.There were two egregious Constitutional violations: the warrantless entry and the excessive destruction of personal property. Guess which one gets to go forward.
We conclude that, at a minimum, the Sheriff’s warrantless entry into the mobile home required an objectively reasonable belief that Gary was living in and present in the home at the time of entry.[...]Given that law enforcement’s last contact with Gary suggested he was no longer in the home, coupled with the fact that law enforcement had surrounded the mobile home for several hours without incident or any materialized threat from Gary, we cannot determine as a matter of law that exigent circumstances existed at the time the Sheriff decided to enter the mobile home.
Since there's plenty of information on the record that suggests at least some officers involved had reason to believe Gary wasn't in the home, there could not possibly be exigent circumstances to enter the home without a warrant to locate someone arrested a couple of hours later outside of the home. This goes back to the lower court for more development of the record.Unfortunately, the court somehow doesn't consider the damage caused during the search to be worthy of further examination. The officers are granted qualified immunity for the excessive force, even though the court says the entry itself may have been unconstitutional. Walking through a front door without a warrant is no good. Forcibly removing the door (along with windows, walls, part of the septic system, etc.) is just fine because no "reasonable officer" would have been aware that destroying a house to facilitate an illegal search was unconstitutional.
Regardless of whether the Sheriff used excessive force, the Hamens cannot prevail because they cannot show that the Sheriff’s use of force, even if it was excessive, violated a “clearly established” right.
The dissent says this makes no sense. If the entry was unlawful, everything that connected to that entry is similarly unlawful.
Regarding the § 1983 excessive force claim, as a starting premise, if the court determines on remand that the Sheriff’s entry into the mobile home was unlawful, then the nature and extent of force used is immaterial. In such case, the Sheriff is liable to the Hamens’ for the damage caused by the entry.Furthermore, even if the entry is ultimately proven lawful, the damage caused was excessive, given the facts of the case.Viewing the underlying facts in a light most favorable to the Hamens, it is questionable whether the use of “communication portals” of the sort made here were required given the small size of the trailer, particularly when considering that, up to the point of their decision to enter the trailer, law enforcement had been using a loudspeaker to attempt to communicate with Gary. Viewed in this light, the resulting damage to the trailer was intolerable in its intensity and unnecessary to execute the burglary warrant at issue.
That's how it stands in South Dakota: law enforcement can destroy a house to engage in an illegal search without having to worry about paying for the damage. A single claim survives this trip through the court system, which likely isn't going to produce a decision or settlement large enough to replace the home. And even if it does, it will come years after the damage was done.

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posted at: 12:00am on 14-May-2021
path: /Policy | permalink | edit (requires password)

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