There has been a lot of furor running about the Second World over the whole age play issue, and while I’m not involved in the ageplay community by any stretch of the imagination, but, I’m going to toss out my two cents…. for no other reason than I’m bored because Second Life is still down…..
The Law, the Facts of, and Second Life Ageplay
There’s been a lot of talk about “the Law” and ageplay and what constitutes child porn and what is legal and what isn’t legal. While I’m not a lawyer, I have heard enough and read enough news to know that in the United States, only images depicting real children in sexual situations are considered illegal. A lot of people have been saying (even Robin Linden) that it’s illegal for Second Life avatars to engage in fake adult/child sex, but this is not so….. there was a law in the United States which once banned virtual/fake child porn, but that law was struck down by the Supreme Court and ruled unconstitutional. The Supreme Court has effectively said, “Unless there’s a real child involved, there can be no child abuse.” and unless the image contains a real child, showing real abuse….. it is legal….. in the United States.
However, just because its legal in the United States, doesn’t make it legal everywhere. In Canada, my country, any representation of child porn is illegal….. and I believe (but can’t be sure of) this is the case in Germany as well…… So, Linden Lab is bending to the laws of foreign countries such as Germany where virtual child porn is illegal. It’s a commendable action, but, it does have serious negative consequences, despite the content. And while I stand by the laws of my country, and I believe images of virtual child porn should be just as illegal as real child porn….. the fact of the matter is, in the United States, where Linden Lab is located, this is not the case.
So, the core question here is: If you start banning Second Life ageplay/images “based on laws in Germany” which is “legal in the United States”….. what kind of precedent is being set? I’m seeing Linden Lab saying they banned ageplay because its illegal, but its not illegal under the country’s jurisdiction in which Linden Lab operates, just illegal in the country which brought it to their attention.
So, what about middle eastern countries? What happens if they come to Second Life and bring to the Lindens’ attention that any woman showing any amount of skin is illegal in their country and want their local laws applied to Second Life as well? Again, showing skin is legal in the United States and Germany, but illegal in strict middle eastern countries. Where does the line of subjecting Second Life to international laws get drawn? How do you ban one facet of Second Life based on laws in one foreign country while completely ignoring laws in others? Where does the line get drawn? How does it get drawn? And what happens when one of these countries hauls Linden Lab in front of an international court/tribunal saying, “Well, they banned that because it was illegal there, they have to ban this because it’s illegal here.”
If ageplay in Second Life were actually illegal in the United States, I think people would have no issue with it being banned. But the fact of the matter that it is legal, that this is what has so many people in an uproar, regardless whether they agree with ageplay or not. Even if Linden Lab has said, “We’re banning ageplay because our company does not want it here.” That would be an entirely different context, and far more acceptable to the community at whole than saying, “We’re banning ageplay because its illegal in Country X.” Once you start outlawing things because of Country X, it’s not long before the rest of the alphabet starts shouting, “Hey! We’ve got laws you need to follow too!”
To me, it’s not the content which is at the heart of the ageplay issue. Most people agree child abuse, and child porn (even virtual) is horrible….. but, many are disagreeing with the context in which it has been banned, and the precedent which is being set by Linden Lab. While yes, you may disagree with the content of ageplay, and you want it banned, many are saying by supporting this ban in this manner, you are agreeing with the context in which it has been banned….. and that is Second Life must be held accountable to foreign communities outside of the United States, and that makes Law in Second Life an international slate which can be written on by any foreign governmental body who chooses to impose its will in Second Life. So, are you prepared to have Islamic Law applied to Second Life? As far fetched as it may sound, what stops them from doing so once the precedent has already been set for them to do so?
In the end, while I don’t understand why an adult would want to play the role of a child having sex with another adult….. and I have no interest in really trying to understand, it is also not my place to tell another adult, “No, you cannot dress like a child and have sex with your partner!” If there are no children being abused, no laws being broken in the country which the ageplayer resides, and no laws being broke in Linden Lab’s country, then exactly, what legal justification is there for such a ban? Linden Lab said it was illegal, “Illegal how?”
The content of ageplay being banned in a legal context without legal justification in the country which Linden Lab resides, is a dangerous context.
So, while I really don’t care if ageplay is banned or not, as the content is irrelevant, I *do* care about the context in which such a ban is being put placed.
I just have to ask, “What content will be banned next under what false context?”