Sex Play in Virtual Worlds
2009; Washington and Lee University School of Law; Volume: 66; Issue: 3 Linguagem: Inglês
ISSN
1942-6658
Autores Tópico(s)Privacy, Security, and Data Protection
ResumoTable of ContentsI. Introduction 1127IL Protecting Children in Virtual Worlds from Sexual Exploitation 1134A. The Failure of Internal Screens to Exclude Children from Adult Spaces 1135B. Virtual Sex- Who's Diddling Whom? 1138C. The Inadequacy of External Filters 1143III. Is Virtual Sex with a Child a Crime? 1145A. Ballooning Definitions of Child Sexual Abuse 11461. Noncontact Offenses 11462. Proximity to the Child 11503. Ignorance of the Child's Age 1153B. The Difficulty with Extending Existing Crimes to Virtual Sex with a Child 1159IV. Challenges to Reaching Virtual Sex with a Child 1162V. Conclusion 1174I. IntroductionWhen children play in proximity to adults, many of us naturally worry about less-than desirable results. This fear has existed since children began playing stickball on urban streets or kickball on suburban playgrounds.1 It now animates discussions of children playing in worlds.2 The FBI's Parent's Guide to Internet Safety, for example, focuses on preventing sexual predators from approaching children online and explains how parents can recognize when their children have been contacted by a sexual predator.3 International authorities also have focused on sexual predators.4These fears have precipitated concrete responses. In April 2008, a Congressional subcommittee met with world creators to discuss the risks to children.5 In February 2009, MySpace banned over 90,000 registered offenders from its site and turned over their names after receiving a subpoena from the Attorneys General of Connecticut and North Carolina.6 MySpace could take this protective stance because the KIDS Act of 20087 immunizes internet service providers from suits for banning persons registered with the national offender database.8As these examples illustrate, to date, concerns for child safety in worlds and social networking sites have focused almost exclusively on the risks posed by adults in children's spaces.9 Little attention has been given to the risks to children who play in adult spaces not intended for them. 10 This Article explores those risks. In particular, it examines play in worlds, a burgeoning phenomenon, and asks whether adults who engage in play with children may be prosecuted under state law crimes designed to protect children from sexual exploitation.For all its virtues outlined in this volume,11 Second Life is awash in and porn.12 In Second Life, with the help of pose balls,13 an avatar can freely engage in in private spaces and online clubs, selecting from among dozens of different sexual positions.14 A player can equip her avatar with genitalia, purchased for as little as $150 Lindon dollars or less than $1 US dollar.15 For extra pizzazz, a player can purchase provocative clothing and even torture devices like those used in real-world dominatrix games.16 Avatars may chat during play via the keyboard or, if both players have the requisite technology, to one another through their avatars, making it possible to combine racy pillow talk with the sex.17 For purposes of this Article, virtual sex occurs when two (or more) avatars engage in a sexual act that graphically unfolds onscreen. …
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