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* UPDATED x1 * Legislator wants to stop Pokémon Go from leading players to protected sites

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Creates the Location-based Video Game Protection Act. Provides that within 2 business days of receiving a request from the real property owner, manager, or custodian, the developer of a location-based video game shall remove from its location-based video game an ecologically sensitive site or location, historically significant site or location, site or location on private property, or site or location otherwise deemed as dangerous by the real property owner, manager, or custodian. Requires the developer of a location-based video game to provide an easily accessible procedure for removal of ecologically sensitive sites or locations, historically significant sites or locations, sites or locations on private property, or sites or locations otherwise deemed as dangerous by the real property owner, manager, or custodian from its location-based video game. Allows for civil enforcement of the Act by a real property owner, manager, or custodian, and a civil fine of up to $100 for each day a developer of a location-based video game is in violation of the Act. Defines terms.

* A press release explains…

Pokémon Go and other augmented reality games are rapidly increasing in popularity, but this new technology comes with a few glitches. At the Loyola Dunes Restoration Site in Rogers Park, Chicago, a PokéStop has been placed on a state and federally protected site, enticing players to leave the designated path and inadvertently trample sensitive habitat and bird nesting grounds. Despite many receiving many requests for the site to be removed - including one from the Chicago Park District - the game’s developer has yet to move the Pokéstop.

In response, State Representative Kelly Cassidy has proposed HB660, or “Pidgey’s Law”, which would fine developers each day they fail to remove a requested site from augmented reality games.

I was all set to make fun of this legislation, but Jen Walling of the Illinois Environmental Council and Jack Darin of the Illinois Chapter of the Sierra Club will also be in attendance, so this bill apparently isn’t about a cheap press pop. Also, if you read Rep. Cassidy’s Facebook post, you’ll see others are also upset about players trampling on the dunes.

*** UPDATE *** Rep. Cassidy just told me that “hundreds” of players congregate late at night in the dunes area. During the day, it’s less, but still significant as this pic shows…

* Related…

* Pokémon Go sites pose threat to endangered wildlife

posted by Rich Miller
Wednesday, Aug 24, 16 @ 10:44 am

Comments

Actually a pretty good idea. Nobody likes trespassers, even when all they want to do is find some Pokoman.

Comment by Ducky LaMoore Wednesday, Aug 24, 16 @ 10:51 am
Here’s the Dunes facebook site- https://www.facebook.com/Loyola-Dunes-Restoration-158056417557214/

On the Aug 11 post, they said that 100s of people have been using the GO stop at night.

Sun-Times has a good article, too- http://chicago.suntimes.com/news/pokemon-go-sites-pose-threat-to-endangered-wildlife/

Comment by Anon221 Wednesday, Aug 24, 16 @ 10:53 am
This problem is not limited to Illinois. There have been stories of pokemon players in Arlington national Cemetery.

Comment by Huh? Wednesday, Aug 24, 16 @ 10:55 am
Behold: the fun police have arrived.

Comment by BK Bro Wednesday, Aug 24, 16 @ 10:56 am
Pidgey’s Law? clearly a fan of the game (or the parent of one I suspect).

Comment by Joe Cannon Wednesday, Aug 24, 16 @ 10:59 am
Not bad in concept, but I must caution against tech specifics in legislation.

For example, is a watch a “mobile device?” What if my laptop has a touchscreen and I use it to geo-locate to a site. Have I broken this law? What if a new app comes out that challenges hikers to pre-defined routes and those go through protected wetlands? The new app is not a game, it’s a fitness app and thus is not referenced by this law.

Technology changes far more quickly than legislation and the software side changes even quicker. Don’t legislate current and future problems with terminology specific to what we see right now.

Comment by illini97 Wednesday, Aug 24, 16 @ 11:00 am
===the fun police have arrived===

If trampling on protected sites is “fun,” then perhaps you need a new hobby.

Comment by Rich Miller Wednesday, Aug 24, 16 @ 11:03 am
Or, they could vote on term limits

Comment by John Rawls Wednesday, Aug 24, 16 @ 11:03 am
I’m sure the problem is inadvertent, but it has become a problem in a number of places. It’s got merit.

Comment by A guy Wednesday, Aug 24, 16 @ 11:07 am
The two laws referred to in the articles:

Illinois Endangered Species Protection Act
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1730&ChapterID=43

Might be able to prosecute as a taking under the Endangered Species Act if plants are damaged.

Migratory Bird Treaty Act
https://www.fws.gov/laws/lawsdigest/migtrea.html

Might be able to prosecute as pursuing if birds are disturbed during migration or nesting. Taking if eggs, even feathers, are picked up and removed.

The snowy owl is one of the migratory birds seen at the Dunes- https://www.dnainfo.com/chicago/20160808/rogers-park/after-pokemon-go-players-trample-protected-north-side-dunes-city-steps

Comment by Anon221 Wednesday, Aug 24, 16 @ 11:15 am
I saw a kid playing this just yesterday. He was wandering around people’s yards, which I consider an invasion of privacy, especially in the summer when they have their windows open.

A couple weeks ago I read they had to put warning signs up in Bosnia because kids were wandering into minefields there from the 1990s war.

Since when does playing a game give you the right to go wherever you please?

Comment by Streator Curmudgeon Wednesday, Aug 24, 16 @ 11:18 am
What’s wrong with enforcing existing laws against trespassing?

Comment by Put the Fun in unfunded Wednesday, Aug 24, 16 @ 11:19 am
@ Rich

I don’t disagree. I just think its more productive to enforce trespassing and other property regulations that already exist before trying to go after a tech app. Technology will change or adapt far quicker than any State legislature can pass laws to regulate it. Laws simply can’t keep up.

Legislation is a knee jerk reaction.

Comment by BK Bro Wednesday, Aug 24, 16 @ 11:27 am
@ put the fun in unfunded. I agree, use existing laws on the books that cover trespassing. We don’t need a new law for every dang situation that arises. @Huh? isn’t Arlington National Cemetery a public place? Are we monitoring the reasons people go there or their activities once they get there? It’s great that people are going there for any reason - they will certainly learn something just by being there. It’s great that people are going outside and visiting locations they never before considered.

Comment by NoGifts Wednesday, Aug 24, 16 @ 11:28 am
I didn’t realize using the Pokemon application made trespassing legal. My outdated thinking continues to lead me astray, with a belief that nothing changes legally just because a phone or computer application or automation is involved. If folks are concerned, maybe they need to charge a fee up front and call it a land sharing service.

Comment by AC Wednesday, Aug 24, 16 @ 11:34 am
Isn’t it terrible that people are spending time in a public park? Those kids all need to go inside.

Comment by GetOffMyLawn! Wednesday, Aug 24, 16 @ 11:39 am
Niantic, the creators of the game already have a system in place where businesses can contact them and ask for Pokemon stops to be removed.

The game is just a fad, give it 6 months and the number of kids playing will greatly decrease as they move to the next mobile gaming craze.

Comment by Enlightened Wednesday, Aug 24, 16 @ 11:42 am
===already have a system in place===

And it apparently doesn’t work.

Comment by Rich Miller Wednesday, Aug 24, 16 @ 11:43 am
The Poke Stop is called Buda Rising based on an art installation that was there for a year in 2012. It should not take another law to get Niantic to do the right thing and remove the stop, but if that is what it takes, that is what it takes. I agree kids (and adults) should spend more time outdoors. But, looking down at a screen and “tracking” a virtual critter is not the same as looking up and being aware of reality around you.

Pic of Buda Rising on the Dunes Blog-

https://loyoladunesrestoration.wordpress.com/

Comment by Anon221 Wednesday, Aug 24, 16 @ 11:45 am
Maybe they should build a wall and make Pokemon pay for it. It would be a great wall.

Comment by JS Mill Wednesday, Aug 24, 16 @ 11:52 am
–There have been stories of pokemon players in Arlington national Cemetery.–

Holocaust Museum in DC, as well.

If some of these kids don’t have the sense that God gave a goose, then a law is necessary

Comment by Anonymous Wednesday, Aug 24, 16 @ 11:53 am
Pokemon Go had also apparently directed players into the Holocaust Museum in DC. This was not appreciated.

Comment by wayward Wednesday, Aug 24, 16 @ 11:55 am
Provo, UT libraries have found a way, and a number reports about California hospitals removing them on reddit.

https://www.vg247.com/2016/08/05/pokemon-go-pokestops-removed/

Comment by Enlightened Wednesday, Aug 24, 16 @ 11:58 am
This is a 2.75 acre protected site-

http://www.cityofchicago.org/content/dam/city/depts/zlup/Sustainable_Development/Publications/Chicago_Nature_and_Wildlife_Plan/Loyola_Dune.pdf

2.75 acres and Niantic can’t fine another location for the Poke Stop???

Comment by Anon221 Wednesday, Aug 24, 16 @ 12:01 pm
“What’s wrong with enforcing existing laws against trespassing?”

And call the police dozens of times each day? Why should the property owner and local law enforcement be burdened with that task?

Under the proposed law, the property owner can solve the problem of dozens of trespassers, without taxing law enforcement resources, by making a single request to the developer of the location-based video game.

Pidgey’s Law seems like the simpler and superior solution.

– MrJM

Comment by @MisterJayEm Wednesday, Aug 24, 16 @ 12:05 pm
real effects of fragile electrons.

“===already have a system in place===
And it apparently doesn’t work.”

Especially at governmental locations where there is no organization chart and nobody knows who really is in charge. /s

Comment by cdog Wednesday, Aug 24, 16 @ 12:06 pm
===And call the police dozens of times each day?===

This.

Cops have better things to do with their time.

Comment by Rich Miller Wednesday, Aug 24, 16 @ 12:21 pm
I agree that there should be an opt out, but 2 business days is unrealistic for games of a global stature.

Comment by Ron Burgundy Wednesday, Aug 24, 16 @ 12:23 pm
And, then there are the lawsuits…

http://www.mlive.com/news/detroit/index.ssf/2016/08/pokemon_attorney.html

Comment by Anon221 Wednesday, Aug 24, 16 @ 12:32 pm
They had a problem with idiots trying to play this in Auswitch.

This seems like a good law but IMHO should be expanded to all property owners. Bus or residential.

Comment by Mason born Wednesday, Aug 24, 16 @ 12:33 pm
Mason Born, it does include all property owners. “Within 2 business days of receiving a request from the real property owner, manager, or custodian, the developer of a location-based video game shall remove from its location-based video game an ecologically sensitive site or location, historically significant site or location, site or location on private property, or site or location otherwise deemed as dangerous by the real property owner, manager, or custodian.”

Comment by GV Wednesday, Aug 24, 16 @ 12:40 pm
GV

Thanks for pointing that out. Ashamed to say i missed it the first time. Outstanding hope it passes and is signed pronto.

Comment by Mason born Wednesday, Aug 24, 16 @ 12:45 pm
I understand the concern, but it’s way too vague and broad and reeks of techno-fear.

Comment by IllinoisBoi Wednesday, Aug 24, 16 @ 1:05 pm
===reeks of techno-fear===

I think the sponsor did a Pokeman Go event not long ago.

It’s not techno-fear, it’s goofy people doing stupid things that their app tells them to do.

Comment by Rich Miller Wednesday, Aug 24, 16 @ 1:14 pm
It all seems like a silly bit to inspire a trade of snarky comments, but it isn’t too much of a stretch to contemplate a bunch of folks playing late at night (and they do) wandering into someone’s private property (and they do) and someone getting shot (when a resident gets the notion there’s some sort of mob gathering in his yard)

Comment by titan Wednesday, Aug 24, 16 @ 1:16 pm
But I have to get my Pokémon monster. /s

Comment by Huh? Wednesday, Aug 24, 16 @ 1:26 pm
Just brand a large letter L on their forehead and send them on their way

Comment by Chungas revenge Wednesday, Aug 24, 16 @ 1:28 pm
Just an FYI: it’s HB 6601 not HB 660.

Comment by Sammy1952 Wednesday, Aug 24, 16 @ 1:32 pm
Do we actually know that people contacted Niantic and they didn’t take sites off the list? How will this be enforced? “Allows for civil enforcement of the Act by a real property owner, manager, or custodian, and a civil fine of up to $100 for each day a developer of a location-based video game is in violation of the Act.” Does this mean our court system is going to be gummed up with people complaining about Pokemon? Is that consistent with tort reform goals? LOL

Comment by NoGifts Wednesday, Aug 24, 16 @ 1:39 pm
I’ve never been more proud to be from Niantic, Illinois than I have since Pokemon Go launched.

Comment by GV Wednesday, Aug 24, 16 @ 2:37 pm
Is it named Pidgey’s Law because thats the only Pokemon that spawns at the Dunes? If so, then why would anyone want to go there? /s

Comment by Alex P. Keaton Wednesday, Aug 24, 16 @ 2:53 pm
Landmines….problem solved!

Comment by Cubs in '16 Wednesday, Aug 24, 16 @ 3:28 pm
Especially as this technology evolves, if more governments pass this type of legislation, how can these companies keep up with all the regulations? What if all 50 states and hundreds of other foreign states/countries/territories pass their own laws. How will these video game companies possibly comply?

Comment by Just Observing Wednesday, Aug 24, 16 @ 3:51 pm
===Provides that within 2 business days of receiving a request from the real property owner, manager, or custodian===

So the state wants to provide only two business days for a tech company to substantiate whether or not the person complaining is a real property owner?

Similarly speaking — most of these Pokestops in my area are affixed to public monuments and land. There doesn’t seem to be any requirement to demonstrate cause.

There’s a big difference between damaging a park and just having baby boomers being bothered by people using the park.

That two day time frame basically means 100% of requests will result in the real location being removed which can result in malicious behaviors from not the “real property owner.”

So far my experience with this App has been having campus security for a community college inform me that they “don’t like having people on campus after 10:00 PM” even though there are literally no hours posted, buildings are accessible for different hours, and they often don’t turn off lights on the parking lot until 1:00 AM.

There’s an appropriate way to balance having the ability to remove actually sensitive locations from play and to protect people enjoying their rights to access public property from falling pray to Luddites, people enforcing rules that don’t exist, and folks that just have unsubstantiated fantasies about what people do.

But, let me know when these clowns take their jobs seriously enough to start raising some taxes.

Comment by Anon Wednesday, Aug 24, 16 @ 4:16 pm
“Especially as this technology evolves, if more governments pass this type of legislation, how can these companies keep up with all the regulations? What if all 50 states and hundreds of other foreign states/countries/territories pass their own laws. How will these video game companies possibly comply?”

Especially as this technology evolves, if more companies create this type of app, how can these property owners keep up with all the games? What if all of the thousands of app developers create their own games? How will these property owners possibly cope?

– MrJM

Comment by @MisterJayEm Wednesday, Aug 24, 16 @ 6:37 pm
@Anon RIGHT ON!! And does the government do anything within two business days???

Comment by NoGifts Wednesday, Aug 24, 16 @ 7:06 pm
I do not have a strong opinion on the legislation per se, but the photo is bogus. It shows a typical weekend summer afternoon at Pratt Beach in Loyola Park. It does NOT show the dunes restoration area at all. I would guess that not more than two or three people in the photo are following the phones around.

The dune restoration areas, incidentally, have always been a bit experimental and have always suffered from human traffic. But the only reason they’ve had any prospect of success is that the beaches are not used any where near the extent they were back in the days before air conditioning.

Comment by Bob Roman Thursday, Aug 25, 16 @ 6:05 am
Video games are not an excuse to violate rules (stay on trail, employees only) or laws (trespass).

Comment by Late to the Party Thursday, Aug 25, 16 @ 7:31 am
@MisterJayEm @ 6:37 p.m. - You didn’t answer the question.

Comment by Just Observing Thursday, Aug 25, 16 @ 10:50 am