Monday, March 24, 2008

And what about civil law?

Several recent links and posts have discussed the blur between real and virtual in the realm of criminal acts. The link regarding "Ageplay sim eyes new grid," for example, explains that child porn may be available in SL (if it's not already). Porn is obviously alive and thriving in SL, which is not illegal.. but the idea of sex acts with children is very disturbing, even in a virtual sense. Obviously, no real child is being harmed... in this case... but, where do we draw the line of illegal behavior. It's like the people who have asked... is it infidelity if you have virtual sex outside of marriage? I have heard strong opinions from both sides. Even Dennis' comment about virtual rape raises many questions. We don't know the people involved and what their emotional state is. For some, it is not merely "lighthearted play" and such an act could be very traumatising and could carry into their RL just as some nightmares haunt us.

On a less dramatic note, there have been many issues raised recently about fraud and privacy, especially among social networking sites that have made it into the courts. It would seem inevitable that the same will filter into SL. Even with all sorts of consent forms at sign-in (which maybe that was the small print most us never read in the "terms of agreement") which release not only Linden but the players of any liability, legal questions will emerge and be challenged. As one final example, there are many people now offering "advice" in SL. In RL we have to have licenses to "practice" in certain fields, such as psychology, and usually for good reason. To do so without a license is a felony offense. Who are these people offering such advice in SL and what are their credentials? Or... do avatars even care? Should they care? In RL, Dr. Phil has made kabillions of dollars offering advice... without a license... for years. Is it simply entertainment and we should let it go at that? I guess it's just a case of "buyer beware" at this point.

1 comment:

DMBrown said...

It is an interesting idea that is being frequently discussed in SL. When is a lawyer not a lawyer? Can you have an SL legal parctice? Some are already trying. But will it make a difference in RL jurisdictions? Will any courts recognize legal paperwork sent through SL?

Doug