This is the question being asked amid an emerging under-age sex case in online computer game Second Life.
German prosecutors are trying to find players who reportedly bought virtual sex with other players, who were posing as children. A pornography investigation has ensued.
“This is a constant grey zone,” said Monash University new media lecturer Brett Hitchins. Law was dictated by the country or the state but the internet was neither and there was no internet-specific law. “Like everybody, I think child porn is abhorrent,” Mr Hitchins said. “But is this a real thing going on, or a fantasy? And if it’s a fantasy, could it encourage or permit something real?”
Apparently Second Life users have used child-like avatars to simulate sexual acts and have even charged for the service. Whilst I appreciate the idea of targeting the people who would participate in this type of fantasy as a preventive measure, it raises serious concerns.
We should we wary of legislating against any acts between consenting adults that harm no one, virtual or otherwise. Bestiality is a form of animal cruelty, but what happens when the animal is virtual?
“Bestiality, or sex with animals, is becoming increasingly popular on the site … ” I suspect that they’re speaking of Furries in this case, in which case the concept of Bestiality only vaguely applies. It’s not difficult to imagine any sort of activity taking place in SL, limited only to the imagination and skill of its residents, but we need to clamp down on such bold statements if we want the reputation of SL to remain above-board.
What about simulated sex acts with creatures not readily identifiable as children or not, or human or not? How much thought-crime are we willing to tolerate in the name of protecting children?
This case once again raises the issue of the locality of cyber-crime. This was discussed in the case of Hew Griffiths who is being extradited to the US for copyright infringement even though he has never set foot in that country.
Melbourne criminal lawyer Stella Stuthridge will later this year defend a Victorian man who she said faced similarly unusual child pornography charges. The man, from country Victoria, allegedly manipulated images — both cartoon and real — in a children’s website. When his computer was repaired the evidence allegedly was found. Users of the website were mainly British children.
Ms Stuthridge said one of the difficulties of the case was its nebulous location.
“Where, exactly, did the alleged offence occur?” she said. “The law is in a constant battle to keep up with technological advances.”
The consequences of deciding the location of cyber-crimes are highlighted by the fact that “in Germany, “virtual” child pornography is illegal and punishable by up to five years in jail. In the US it is not a crime. In Australia it is somewhere between the two and is largely untested.”
As distasteful as it may be, criminals (whether you consider avatar role-play to be a crime or not) must be prosecuted in their own countries. How can I be subject to the jurisdiction of wherever my mouse happens to click?
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