Laws in Cyberspace: Are they useful or necessary?

By Soo Jin Wee, MA Communication RMIT 1998.

"Rape in Cyberspace" an article that appeared in Village and Good Weekend Magazine is a tale of torture and terrorism on-line. Julian Dibbell, the user who became accused of 'virtual rape' outlines his defense in the on-line article My Dinner With Caroline Mackinnon He claims that all Mr Bungle, his on-line identity in the virtual community of LambaMOO, did was type some words. This was the only 'weapon' that Mr Bungle used. The other users in the community described his actions as "uncivil," "despicable" and accused Mr Bungle of "Virtual Rape." The reactions of other users ranged from outrage to mere annoyance. Some believe that what Mr Bungle did was as intrusive as actual rape and some believed that what he did was nothing of the sort.

The on-line community's response to Mr Bungle's act was not to seek redress in the "real world" but instead just to cut him off from the on-line community, eliminating his account and all objects associated with it. Was this action not as dramatic as the "virtual rape?" What the on-line community did, was punish Mr Bungle by "virtual capital punishment," they killed him! According to Mark Poster the magic of the internet is that is a technology that puts cultural acts, symbolization in all forms, in the hands of the participation. Another interpretation of the Internet is cyberspace and existence is conceptual. As these conceptual questions ask: "Where is this space that isn't a space?" or as Getrude Stein asked: "Is there a there there?"

Should we have laws in cyberspace?

Would laws prevent acts such as "Virtual Rape." Returning to the Land of LamdbaMOO. Like other on-line communities, the members have certain expectations about the behavior of other users. Therefore they provided a system of rules of courteous behavior or manners. These rules are agreed upon by popular vote. But the rules failed to provide restrictions, protecting the 'personal' security of an on-line identity or of a user's software. There is still great desire for forms of government that do not emulate "real life", the inhabitants have discovered that some form of government body or process that could be necessary for in order to enforce consensus and to create sactions against participants who wilfully infringe upon guidelines in support of the consensus. In 1992 pronounce an every participant for himself and no interference from the wizards excepts as technicians with the policing of "HELP' manners as a guide for participants. This not only cause less unfriendliness on the site but instead made it more annoying.

Is the ballot system effective ?

With the act cause by Mr. Bungle, a ballot system was created in which participants could vote measures to place. But this proved to be ineffective when an ANTI RAPE BALLOT was attempted to define the parameters of sexual abuse. This has cause many opposition because the ballot objective did not clearly define what constitutes as abuse and what constituted as playfulness. the laws established in Virtual Communities have remained ineffective. LambdaMOO has encountered more problems with people who harass participants in MOO. The laws established there are wishy-washy which leaves victims of virtual crime without any recourse than to pursue real legal action. Some say that this sort of crime is 'not real'. Our presence in cyberspace, therefore is a form of representation, or rather a re-representation. This virtual self may just appear to be a masquerade. Not forgetting that there is actually a real human sitting at the keyboard. MOO asks not only as a split self--a self behind the keyboard and the virtual self in cyberspace--but for a real virtual self.

In MOO, the body is the mind.

Why Mr. Bungle RAPE ?

Bungle lived in a world in which other players were objects, but his own identity was stable and untouchable. bungle basically ignored those human bodies behind the keyboards but instead treats the entire MOO as imaginary. he committed these acts because MOO is nothing but an imaginary representation.

Is Virtual Rape as Painful as Real Life Rape ?

Reality still remains ! RAPE IS STILL RAPE As Fraser James Good Murphy indicated, it is the horrible psychological trauma attached to victims that make it intolerable. Rape counselors would also agree that the really devastating effects of a rape stem from the psychological nature of the act. Many tend to presume that virtual rape is less painful than actual rape. But remember in MOO the mind is the body Mary C. Hoffer, a student from Cornell University in an email to comment on the Virtual Rape, indicates here opinion that virtual rape should be treated as an extreme form of sexual harassment. And it is similar to verbal treats of rape but one consolation, technology makes it safer.

Are cyberlaws necessary in cyberspace?

I feel that cyber crimes are in fact real and the damage to the victim is drastic, would it be if someone could break into a bank account and steal all the money? It would because it concerns money $$ ! But Linda Miller an editor of an Internet magazine in the United States, said in response to Julian Dibbell's comment of taking virtual rape seriously, she rebuked that when When there is No Bodythere is No Rape neither does anyone on cyberspace have anybody, rape is not possible. This poses a serious argument to the comment made earlier about the psychological effects after a rape occurs.

Well, it remains uncertain for laws to be introduce to cyberspace, as even LambdaMOO has failed to enforce a ballot system for its laws to be enforce. but could an introduction of guidelines such as Netiquette and help manners could actually create a better virtual environment. The guidelines are not to be misconceived as laws. the guidelines assist users of the internet to know what is considered abuse by the transmitting of information through the internet. Acting with responsibility will allow users to experience a global adventure of open communication, information and resources which will ultimately provide a unique exploration of the cyberspace. With an introduction of laws to cyberspace, it will only cause a duplicate world, reproducing our conceptual body. Without it, we might see cyberspace as a place of transformative interaction, rather than as a static place to re-present our stable self, but an opportunity of Making our dreams come true Cyberspace could just as easily keep us moving beyond our ends towards new connections, setting us free from our closed assumptions by providing an open space for play of individual ideas.

Should we have laws similar in real life for virtual life, it remains a questions for wizards and janitors of the sites to decide but no matter what it will certainly have an impact on the virtual world should laws be introduce and could cause more laws in the real world. It is that if everyone respects and observeNetiquette or Cybermanners, the need for such laws will not be necessary. It is up to the sites to enforce such a guide on the participants and remove participants from the site in order to maintain the 'free' system that the virtual world has created for us to fulfil dreams that could never happen in the real world.