Crime in the virtual world PRINT FRIENDLY EMAIL STORY PM - Friday, 11 May , 2007 18:44:32 Reporter: Nicola Fell MARK COLVIN: Is a crime committed online in a virtual world also a crime in the real world? That's the question central to a child abuse case in Germany involving activities on the online computer game Second Life.
Nicola Fell reports.
(excerpt from German news program Report Mainz)
NICOLA FELL: This German news program Report Mainz has disclosed that on the website Second Life, virtual adults, or avatars - as they're known, are having sex with virtual children. The reporter on the program, who's also a Second Life member, found that for around $3 he was being invited to attend virtual child pornography meetings.
The police in the German city of Halle are currently investigating.
Brett Hutchins, New Media Lecturer at Monash University, says he's not surprised by the case.
BRETT HUTCHINS: The people who run Second Life, Linden Lab, have effectively created an online playground where people can create their own features. So their own real estate night, their own islands, and their own nightclubs. It's resulted in an enormously unpredictable and quite creative world.
You can actually simulate your avatars having sex. That has been one of the faster growing areas. Partly that's been based on the relative freedom and the lack of inhibition that people can express when it's not their faces or names, it's their avatar, it's a digital projection of themselves.
NICOLA FELL: Brett Hutchins says when you put five million people on a single site, it's no surprise that deviant or offensive behaviour happens. The question is when does it become illegal?
While it seems that virtual depictions of child pornography in the United States are not illegal, Conor O'Brien from the Victoria Law Society believes that here in Australia it would be.
CONOR O'BRIEN: Section 67 of the Victorian Crimes Act defines child pornography as a film, photograph, publication or computer game that describes or depicts a person who is or appears to be a minor engaging in sexual activity.
So from that it's a very, very specifically drafted definition, and anybody who falls foul of that can be charged.
In the situation where we have virtual sex, if it's an adult who's pretending to be a child, then there's an arguable case that a person could be found guilty of producing child pornography.
NICOLA FELL: So will we see more police investigations into virtual crime in the future?
CONOR O'BRIEN: If one looks at other crimes that might be committed by avatars or virtual characters, and the general run of the mill crime might be a theft or an assault or something like that, if one avatar steals from another avatar, then obviously commonsense would prevail and say, well, there was nothing actually stolen.
And likewise, if there are two consenting adults or consenting avatars, if you like, who decide that they're going to have some sort of duel and someone gets killed, then obviously one can't go around charging one avatar, or the person who produces that avatar, with some sort of murder.
So it seems to me that this isn't the tip of the iceberg.
NICOLA FELL: While lawyer Conor O'Brien doesn't expect to see a rise in virtual crime, Brett Hutchins says we are already living with it.
BRETT HUTCHINS: I mean, virtual crime is simply an extension of existing crime. I mean, identity theft increasingly costs the Australian economy more money each year, cyber bullying, cyber harassment, these type of things.
So what the difference is in some ways is that it's taking place within a different media environment to which most people are familiar, and it takes some time for both regulators, legal bodies and indeed citizens to actually adjust to this new circumstance and come up with effective responses.
NICOLA FELL: Which is exactly what the owners of Second Life, Linden, are struggling to do.
In reaction to this German case, the company has said it will activate a system that verifies the age and resident country of its users. Second Life members will be required to provide evidence of their age, such as their passport or driving licence if they wish to enter areas flagged as "adult".
So it may be that from now on the virtual playground of the internet will be governed more and more by the laws of the real world.
SECOND LIFE ADVERTISEMENT (excerpt): Life beyond reality, where imagination knows no bounds and the world is anything but ordinary.
MARK COLVIN: That report from Nicola Fell.
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