Law enforcement in virtual worlds
Posted by Tim Stevens on 16 May 2008
Benjamin Duranske at Virtually Blind flags up a paper by Bart Schermer, partner in consultancy firm Considerati and an assistant professor at the University of Leiden (Faculty of Law) in the Netherlands, Alan Turing and the Matrix: Intelligent Systems for Law Enforcement in Virtual Worlds [.pdf]. It’s a thought-provoking short article, and I’m just going to pull out a few items of particular interest.
Due to the popularity of the MMORPGs [massively multiplayer online roleplaying games] and virtual worlds, where millions of people now interact on a daily basis, their relevance is becoming ever greater within our society. This relevance is heightened by the fact that virtual worlds are not isolated from the real world. While it is possible to view the ‘virtual world’ and the ‘physical world’ (i.e., the real world) as two distinct environments, they interact to a large extent. As such the boundaries of the physical world and the virtual world become blurred. The area where the virtual world touches upon the real world can best be described as ‘interreality’ (Kokswijk, 2003). A good example of this phenomenon is people willing to pay real money for virtual goods. Interreality raises all sorts of interesting possibilities for social interaction and economic activities, however it can also lead to various forms of deviant behavior.
I like the term ‘interreality’. It lends itself well to describing the fuzzy cognitive interface between the Real and the Virtual. It does slightly mask the fact that this is a contingent relationship - the Virtual currently cannot exist without the Real.
The notion of crime is somewhat difficult in MMORPGs and virtual worlds. First of all, defining certain types of behavior in virtual worlds as deviant implies almost by definition regulation of the virtual environment by a central authority … the rules of social conduct within virtual worlds may differ from those in the real world. Thus, functional equivalence of the rules of criminal law in MMORPGs and virtual worlds is not a given.
This is an excellent point, although one far too subtle for most law enforcement agencies to grasp. Their understanding of normative behaviour is likely to be grounded purely in the Real. In a sense, this is correct - why bother with a Virtual infringement if it has no effect in the Real?
Schermer identifies three types of ‘deviant’ behavior - cheating (often endemic and desirable in MMORPG gameplay); virtual crime (theft of virtual goods with Real world value, as in gold farming and captcha solving, slander, defamation, identity fraud, stimulative paedophilia simulation). The third type Schermer defines is that of ‘preparatory actions’:
[The] Internet has contributed greatly to the communication capabilities of organized crime and international terrorism. Through websites, email, internet relay chat (IRC), and instant messaging programs (AOL IM, MSN), criminals and terrorists can communicate effectively and in relative safety. However, criminals are also aware of the fact that their modes of electronic communication can be monitored by law enforcement and intelligence agencies. Therefore, they may turn to less conspicuous forms of communication such as interacting with one another in MMORPGs or virtual worlds.
Note the qualification ‘may’. The present consensus is that terrorist use of virtual worlds is minimal, although this is likely to change. Contrast considered research with the breathless reporting of last summer, in which The Australian and its News Corporation sister The Times of London claimed that “the dismantling and disruption of military training camps in Afghanistan and Pakistan after September 11 forced terrorists to turn to the virtual world.” This notion of ‘virtual sanctuary’ is riddled with conceptual errors as it is, and the facts do not support even the basic premise of these stories.
But, as Schermer says:
It is likely that with the increasing popularity of virtual worlds, virtual crime will become a more serious problem over time. Therefore, at some point in time law enforcement in virtual worlds may become necessary. When it comes to the policing of cyberspace, surveillance plays an important role. For the context of this article, three levels of surveillance play a particular role, viz. 1) surveillance at the IP level, 2) surveillance at the application level, and 3) surveillance at the interaction level.
I agree with this, and Schermer suggests three ways that software agents might undertake surveillance in lieu of human agents. Unobtrusive agents are disembodied elements of the invisible surveillance infrastructure. Avatars could simulate real-life police officers, and would be visible and accessible in-world, much like the ‘bobby-on-the-beat’ model of traditional policing. The third option is undercover agents, posing as normal avatars, and interacting socially with other residents or players. These would not be immediately recognisable as surveillance operatives, as they would pass the Turing test by demonstrating plausible intelligence. They would also be subject to the same risks as real-life agents engaged in surveillance, entrapment and infiltration operations.
Schermer suggests the following legal ramifications:
When we examine the use of software agents for surveillance on the interaction level, it is my opinion we must distinguish between software agents that merely ‘patrol’ cyberspace, and software agents that interact more directly with inhabitants of virtual worlds. For the most part, I feel that the first type of surveillance is part of the normal police task and that as such new rules are not necessary. When software agents actually start interacting with inhabitants of the virtual world, new rules will likely be necessary. The reason for this is that, in general, these agents will be more intelligent and will operate within the personal sphere of the player, where they could form a greater threat to privacy and liberty.
My immediate thought is: within whose jurisdiction does it fall to uphold rights to privacy and liberty? I’d like to think that recent initiatives like Project Reynard will consider the legal implications of policing cyberspace. Does international rights legislation apply? If the internet is non-locative physical space, as I’m beginning to think it should be considered, how do we determine jurisdiction? Through consideration of nationality of actors? ISP location? Location of intended acts? Location of virtual acts - game servers? The virtual world Tribal Net (out in beta this week) uses a distributed network of user-owned PC-based servers - another innovation likely to fox current legal frameworks.
These issues are not going to go away.
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