Is Congress the smoking gun behind Second Life's turnaround on adult content?

by Tateru Nino May 9th 2009 at 11:00AM

Filed under: News items, Opinion, Second Life, Politics, Legal, Virtual worlds

So, ever wonder what's really motivating Linden Lab's recent push to implement an Adult content rating and firm up age-verification for Second Life? How about HR110-920 FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2009?

This is an appropriations bill that covers a lot of ground, covering appropriations for a whole lot of things. Introduced on 10 December 2008, the bill specifically includes an appropriation for an investigation and report to Congress on explicit content in virtual environments and on the access to those environments by minors.

"The Committee is concerned about reports of explicit content that can be easily accessed by minors on increasinly[sic] popular virtual reality web programs. The Committee directs the FTC to issue a consumer alert to educate parents on the content that is available to children on virtual reality web programs. In addition, no later than 9 months after enactment of this Act, the Commission shall submit a report to the Appropriations Committee discussing the types of content on virtual reality sites and what steps, if any, these sites take to prevent minors from accessing content." [HR110-920]

Virtual Worlds News reports that two FTC attorneys have already been tasked with this investigation and report from March this year (despite that there's no record that the appropriations bill has been passed at this stage). The report is supposedly due in December.

March, you may recall, is the month that Linden Lab surprised everyone with its new age-verification and separating out the most extreme Second Life content into its own area.

Up until now, Linden Lab has been using the FTC's recommended best-practice age-verification system: Asking people if they were 18 or over, and believing them.

Whether or not the FTC has been okay with that to-date, has little bearing on what Congress will think when it gets the report.

"Congress is worried that virtual worlds that set a minimum age of 13 (for COPPA purposes) or 18 (to keep out all minors) don't adequately screen out younger users. And, of course, they're often right." [VWN]

Linden Lab developers have mentioned to Second Life users that they are pushing very hard to get all of the technical mechanics for the new scheme in place by a deadline only a few weeks away. Would anyone be surprised if the investigation is scheduled to come to the Lab some short time after that date?

Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.

Tags: adult-content, congress, ftc, legal, linden-lab, opinion, politics, second-life, sl-adult-content, virtual-worlds, virtual-worlds-news

Reader Comments (Page 1 of 2)

Uccello Poultry said on 11:17AM 5-09-2009

So *that* is why those FTC attorneys keep showing up in bad n00b avies at the Isle of Lesbos asking for sex.

Seriously, I do believe you have something here. It is logical and I don't really blame The Lab for wanting to cover it's collective butt. Maybe it is time to move offshore, though. I hear Ireland is lovely and less litigious.

Bettina Tizzy said on 11:22AM 5-09-2009

I bet this helped, yes. I imagine it is a combination of things, including Linden Lab's drive to interest business and educators. The proof will be in the REAL implementation. This is going to be difficult to police.

Markus Breuer (Pham Neutra) said on 11:49AM 5-09-2009

It is most likely a combination of both factors. If you do a little research for interviews with Linden Lab representative on the issue, you will often see mentions to corporate clients, universities etc. Those institutions traditionally have a rather low tolerance for anything which can be called "adult" content. Business is puritan (at least on the outside). This tactic seems plausible to me. I am just not sure, if business use of Second Life is really such a huge market as Linden Lab would like it to be.

Additionally, legislators are increasingly interested in "adult" content on the internet. This is by popular demand, probably .. an attempt to soothe voters. Many older voters consider the internet the epitome of "new" technology (which they do not need/want themselves) and the cause of many unpleasant changes in the society - especially youth culture.

A good example for this is the German government's latest move to install a comprehensive censoring system (like in China), which is only intended to prevent "accidental access to child porn", if course ;-) I guess we all know, what other purposes this system will find within a few years. But it is hard to appose anything where the published purpose is to protect the innocent children ...

Linden Lab is trying to get out of the line of fire with the new policy, which seems especially important as the press still over-emphasizes the sexual aspects of SL in an attempt to create more "juicy" articles and headlines. It remains to be seen of this tactic works. Short term there is a renewed wave of press coverage associating Second Life with sex BECAUSE of the policy change. I have even read some articles spinning the creating of a "red light district" as an attempt to ATTRACT people looking for sexual content. :)

Tateru Nino said on 11:57AM 5-09-2009

To be fair, yes. The Lab is allowing more adult content under the new system than is allowed under the current system. That's got to catch peoples' attention.

Also, reps from the Lab have previously said that they'd rather be ahead of the curve with government regulation, because if they don't satisfy congress, then congress can easily hand down a set of impossible rules - and require them to be kept to.

hypatiaa said on 10:33AM 5-10-2009

http://en.wikipedia.org/wiki/Ursula_von_der_Leyen

http://www.matejunkie.com/opinion-on-germanys-possible-internet-censorship/

no, not congress, bundestag

also, note that the name of the new continent is Ursula... LL, I salute you for black humor!

Tateru Nino said on 12:33PM 5-09-2009

Actually, I thought it was a reference to sex-symbol Ursula Andress :)

hypatiaa said on 12:35PM 5-09-2009

But ask yourself where oh where Aristotle is mixed up in all this congress stuff.

http://www.asacp.org/page.php?content=news&item=278

Because it's a big fat subsidy for their biz and we know it's not going to work in every country.

hypatiaa said on 12:41PM 5-09-2009

I hadn't really thought about the name of the new continent till recently, then the connection clicked, when I was reading an article about the child porn DNS censoring that is getting pushed through in Germany right now. Unfortunately it is in German.

http://www.internet-law.de/2009/05/die-uneinsichtigkeit-der-ursula-von-der.html

Erbo Evans said on 12:43PM 5-09-2009

I think Twitter's own "SecondLie" has it right...Congress isn't the smoking gun; it's the knife at LL's throat.

And both this reason and the one Markus cites (business concerns) are ones I've pointed out as reasons behind LL's "ghettoization" of "adult" content...and why I believe LL doesn't intend to stop there. What they'd REALLY like to see is all of this "adult" content GONE...kind of the "hoof and mouth disease remedy" to suit both nosyparker governments and skittish corporate clients.

And, if we know the FTC report is due in December...now we have a timeframe for LL to begin Phase Two.

I offer one dark warning to LL as their plans for grid sanitization unfold..."For what is a man profited, if he shall gain the whole world, and lose his own soul?" (Matthew 16:26)

Eris said on 12:47PM 5-09-2009

Just to add another cook to the broth - the same initiative seems to be planned in the UK too: http://news.bbc.co.uk/1/hi/technology/8039580.stm

Tateru Nino said on 12:51PM 5-09-2009

I will note, and perhaps it seems a little like splitting words (but that's generally necessary in law), these things largely seem to be targeted at the Web, and Second Life isn't a part of the Web (granted, its Web-site is, but the main service is not).

Ann Otoole said on 1:31PM 5-09-2009

Beware the FTC. Few are government entities that have both the power to create law (regulations) and enforce the law they create. The FTC is such a beast. This is the reason Linden Lab needs to self regulate in a fair manner that does not draw the FTC in under the role of governance implementation and instead invites the FTC in to observe and endorse how an industry can be self regulating successfully. A potential case in point is the possible scenario in which Linden Lab suppresses businesses by denying a free swap to Ursula coupled with denying said business to engage in adult content marketing unless they buy a heavily overpriced parcel from people that are long time associates and friends with Linden Lab Staff. Otherwise known as extortion. This scenario would certainly draw the attention of the FTC possibly resulting in an invasive investigation with subsequent results of potentially innovation suffocating regulation and enforcement results.

hypatiaa said on 2:55PM 5-09-2009

ah, Tateru, you don't remember the German child porn scandal with Second Life, no?

goodness, people's memories are short.

Well, we know that the German population of Second Life is huge - and LL will sooner cut the throat of the adult biz than let the German government try to block the use of Second Life. Please familiarise yourself with what Germany is doing.

It will not matter, if Second Life servers are blocked they are blocked, it has nothing to do with the web.

Tateru Nino said on 3:27PM 5-09-2009

Wouldn't it be more effective to block payment processing? Besides, if Germany intends to go with this, what Linden Lab is doing insofar as adult content goes is not likely to affect their decision anyway.

Ciaran Laval said on 3:44PM 5-09-2009

I'm not buying this theory.

Two years ago we had the Daniel Linden attributed (but allegedly not written by) "Broadly Offensive" blog.

Blue Linden is quoted as saying this has been in the pipeline for nine months.

Twelve months ago we had Mark Kirk's little tirade, which Linden Lab responded to by pointing out they provided tools for verification and dealt with minors on the grid when they found them.

If this theory were true all adult content would be being purged, Linden Lab reps have talked in public about it being allowed behind closed doors, they wouldn't be saying that if this theory were true.

Tateru Nino said on 3:59PM 5-09-2009

We think it's pretty plausible here. Plans may have already been in motion previously (this is an *astonishingly* short time-frame for the Lab, otherwise), but this may have shoved things into high-gear.

Lab execs have previously said that the industry would suffer if uninformed government-mandated regulation were to be handed down, and that the Lab would step up a process of self-regulation if it appeared there were overtures along those lines.

This appears to be what's actually happening, but yes, we'll grant that it may have accelerated things - which could be why it seems to be happening with such haste.

Ciaran Laval said on 4:56PM 5-09-2009

Linden Lab have been ahead of the curve though, you're citing something from December 2008, they partnered with Aristotle way before that.

Motivation for this move is far more likely to be from Linden Lab's involvement with The Berkman Report:

http://cyber.law.harvard.edu/pubrelease/isttf/

Again, they've been involved with this prior to December 2008.

Cathy said on 8:28PM 5-09-2009

Well good. Hopefully when the FTC sees some of the extreme stuff, they will get rid of it all together. Europeans being blocked from the filth by the filters from SL would be more than enough for LL to sweep the garbage from SL.
Perverts have rights HA! what's next the child rapists have rights too?

Prokofy said on 8:28PM 5-09-2009

No, of course not. Don't be silly. Shelve your anti-American FUD, Tateru, it's SO unattractive -- and stupid. Europe has more rules than the U.S. has about content. Australia is more in danger of losing Internet free expression than the U.S. Give it a rest, tend to your own gardens.

Educators and businesses are the knife, not Congress.

You *do* understand that a bill is not a law yet, right? That is has to be marked up, debated, etc. Voted on? You know, in a democracy, which isn't like what you have in SL or what you seem to recognize as a system. Right? You do get how Congress works? (Your tendentious reading of this is no doubt based on the misperception that "a bill" is like "code" and that if it is "written" then it will be "implemented").

There isn't a significant adult/BDSM/extreme violence lobby in SL to warrant the continue association of all SL content and services with this sort of content. Put it in perspective. This content isn't somehow present in some interactive real-time 3-D environment elsewhere, Tateru, so get a grip.

BTW, you have no grounds for saying this: "The Lab is allowing more adult content under the new system than is allowed under the current system". Perhaps you've also gotten this crazy idea that "ageplay" will now be allowed because age verification is taking place. But no, child pornography will not be allowed, even if the "child avatars" are verified adults. So put that one to rest.