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Examining Virtual Crimes

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."

9 of 85 comments (clear)

  1. So... by Entropy98 · · 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.

    1. Re:So... by TapeCutter · · Score: 3, Informative

      Where the hell did you get that idea? Most of us ignore them as best we can. This is summed up by the popular saying "Don't vote, it only encourages the bastards." Those that aren't ignoring them are taking the piss out of them.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    2. Re:So... by Smirker · · Score: 5, Interesting
      I'm an Aussie and most of the people I know dislike the current government and are against laws such as

      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.

      We think that ruling cartoon depictions of child pornography illegal is plain stupid, and are against Internet filtering. Our far left Labor government completely ignores the people (ETS, NBN anyone?), and instead tries to protect them against their will or by the will of a small minority. They also put too much weight on the voice of parents who think that the protection of their children supersedes the right of society's freedom, when if they didn't they would loose their precious votes in our extremely tight federal elections. It's in shambles and is completely bs.

  2. Raped in an MMO? by spiffmastercow · · Score: 4, Funny

    What game engine supports rape? World of Sex Crimes? Everrape?

    1. Re:Raped in an MMO? by Anonymous Coward · · 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!

    2. Re:Raped in an MMO? by Scarletdown · · Score: 5, Funny

      Now, on this 3D model, please show the doctor which polygons the bad person clicked on.

      --
      This space unintentionally left blank.
  3. Re:How would that work in court? by TapeCutter · · Score: 4, Insightful

    "Can you show me on this doll where he said that he was touching your avatar?

    No I can't, that would be virtual molestation.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  4. Re:Legal Questions of Virtual Activity? by PaintyThePirate · · Score: 4, Insightful

    Bad analogy. The real life equivalent of what you're saying is getting convicted for shooting at a paper target. These laws are about harassing human beings over the medium of video games.

    That's not to say the laws aren't ridiculous, just that your example isn't an argument against it.

  5. Let's stop calling them crimes by mdwh2 · · 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...