Examining Virtual Crimes 85
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Soulskill
from the too-much-time-on-your-hands dept.
from the too-much-time-on-your-hands dept.
GamePolitics has an article about a research paper issued by the AU government's Institute of Criminology titled "Crime Risks of Three-Dimensional Virtual Environments." The paper discusses the legal questions raised by game worlds and avatars, ranging from regulation of in-game currency to a report of virtual rape.
"A person controlling an avatar that is unexpectedly raped or assaulted might experience the physical reaction of 'freezing,' or the associated shock, distrust and loss of confidence in using [3D virtual environments]. While civil redress for psychological harm is conceivable, the 'disembodied' character of such an incident would invariably bar liability for any crime against the person. However, Australian federal criminal law imposes a maximum penalty of three years imprisonment for using an internet carriage service to 'menace, harass or cause offence' to another user. Further, US and Australian laws ban simulated or actual depictions of child abuse and pornography. Therefore, any representations of child avatars involved in virtual sexual activity, torture or physical abuse are prohibited, regardless of whether the real-world user is an adult or child."
So... (Score:5, Insightful)
Tea Bagging in a FPS could get u 3 years?
I find it dumb, immature, and annoying, but like most times someone says "There ought to be a law", there ought not to be.
Re:So... (Score:2, Insightful)
You'd think the Ozzies, that are usually portrayed as a rough and tough bunch, are being such a bunch of limp wristed mamby pambies when it comes to all this online stuff. Would like to hear what the Ozzies think of their fascist government on this subject.
Legal Questions of Virtual Activity? (Score:2, Insightful)
So I guess GTA (from original on up) should cause you to have to do time for grand theft of an automobile, drug dealing and cop killing? Absolute balderdash.
Re:Raped in an MMO? (Score:3, Insightful)
Without reading TFA, the usual citation for virtual rape is a case from years and years ago on a text-based game called LambdaMOO. A particularly asinine user wrote a puppet that was, yes, used to rape people. Exactly how and why people manage to associate with MU* characters so strongly that they can actually be emotionally harmed by this sort of thing is beyond me, and I've spent years on them!
How would that work in court? (Score:3, Insightful)
Can you show me on this doll where he said that he was touching your avatar?
Re:How would that work in court? (Score:3, Insightful)
Well, since a virtual crime can only be punished with a virtual punishment in a virtual court...
But hey, who says that a virtual world has to have the same laws as the real one.
After all, other rules are often the whole POINT of that virtual world!
shame (Score:1, Insightful)
i am ashamed to be an Ozzie soon they will legislate thought crime.......
Re:How would that work in court? (Score:5, Insightful)
No I can't, that would be virtual molestation.
Re:Legal Questions of Virtual Activity? (Score:5, Insightful)
That's not to say the laws aren't ridiculous, just that your example isn't an argument against it.
Re:You know what I always say? (Score:3, Insightful)
In other news properties in the game of monopoly are to be rent controlled.
Infractions shall be a matter for civil court and anyone who actually does manage to build a monopoly shall be subject to unfair trading practices legislation.
Re:Raped in an MMO? (Score:3, Insightful)
What game engine supports rape? World of Sex Crimes? Everrape?
Evony, judging by the ads.
Re:Raped in an MMO? (Score:3, Insightful)
Any virtual environment or even chat systems support virtual rape by way of emotes
No, no they don't. There's a reason why you can be sued for sexual harassment at work for saying something obscene but you can't be sued for rape for something you say. Words can be hurtful, but they can't be rape.
Let's stop calling them crimes (Score:3, Insightful)
I agree - and it's an insult to people who have experience such horrific crimes.
A virtual crime is a crime that happens in a virtual envirnoment - e.g., fraud. Things like harrassment can also constitute crimes, but the crime is still harrassment, and not "rape". This is nothing new - did people refer to dodgy phone callers as "virtual rapists"?
A depiction of a crime is not a virtual crime. By that logic, films show "virtual murders", and when they media report on crimes, they should also be guilty of committing virtual crimes. It is depressing to see the media and politicians conflate depictions of crimes (which should be legal), with crimes that occur in a virtual environment (which is what "virtual crime" implies).
And when the media report on virtual crimes, I guess they must be guilty of a virtual virtual crime...
Re:Let's stop calling them crimes (Score:1, Insightful)
And fraud is still fraud, regardless of using a virtual environment, telephone, mailed letter or used car salesman.
Virtual crimes do not really exist. That is the meaning of virtual. The idea that you can get tried and convicted of crimes that do not really exist is horrific.