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When did age play become illegal?

Tsu Goodliffe
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Join date: 23 Dec 2005
Posts: 86
05-12-2007 10:35
From: Sys Slade
If you get your kicks from grown men in nappies, no problem.
If you get your kicks from young children in nappies, big problem.

It's the depiction of children in sexual acts, rather than use of objects associated with children in a sexual setting (nappies, dummies, school uniforms, lollipops etc).



I see, so lets say a "Adult BabyFur" But in a small AV, kiss's another adult baby fur in a small av while wearing a diaper, would that be a problem?

(Just double checking to make Sure I fully understand) Sorry.
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[20:02] Tsu Goodliffe: T3 50$mouthly -_- lol
[20:13] Teeple Linden: I think he's looking everywhere...and your T3 is making me jealous. I pay that much for standard Cable (although Cox is excellent in this area)
[20:13] Tsu Goodliffe: Can I quote you on what you just said Lol
[20:14] Teeple Linden: Sure!
Sys Slade
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Join date: 15 Feb 2007
Posts: 626
05-12-2007 10:39
I'm not entirely current on what babyfurs are, but simple kissing is not obscene or covered by the law mentioned above.

The law above requires what appears to be a child (human) being depicted in sexually explicit conduct that is obscene, or sexual intercourse.

Edit: just looked it up. Dressing as a puppy or such should be fine, it's the ones who look like human children and engage in sexual acts who need to be careful.
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Tsu Goodliffe
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Join date: 23 Dec 2005
Posts: 86
05-12-2007 10:42
From: Elanthius Flagstaff
It seems clear to me that if you used your baby avatar to have sex with an adult avatar and live in the US (or at any point in the future entered the US) then the federal prosecuter would love to throw you in prison. I guess some people here would argue over the various points of semantics but the intent of the law is pretty clear to me (the constitutionality is NOT clear).

BTW

"In February 2006, Senator John McCain introduced S.519, which would add a mandatory 10-year sentence in jail to anyone who uses the Internet to violate the PROTECT Act."

Also, I guess I was mistaken earlier and cartoon child porn is 100% legal in the UK.


To be more precise, I have never had sex in a babyfur avatar and just because my avatar is small doesn't mean I'm RPGing a under the age of 18, no matter where i go I'm always small, sometimes in a diaper, But my avatar is small only because I Think hes cuter that way, I always role play my true age, which is 19, and so I'm not sure how this can violate since its not understanding how you can say just because my av is small makes its simler to a underage thing, when its still my true age, so how is this breaking a law? or protection act? since its still "Age to age" and not pretending to be 3-4 etc, in my profile it doesn't say anything about me rpging a age 3-4 person nor does it say, in my first life it states I'm 19 and was born in nov 21 of 1987, Last time I checked Lifestyles/fetsish's where not Illegal. so can I get a new answerer to this above?
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From: someone
[20:02] Tsu Goodliffe: T3 50$mouthly -_- lol
[20:13] Teeple Linden: I think he's looking everywhere...and your T3 is making me jealous. I pay that much for standard Cable (although Cox is excellent in this area)
[20:13] Tsu Goodliffe: Can I quote you on what you just said Lol
[20:14] Teeple Linden: Sure!
Tsu Goodliffe
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Join date: 23 Dec 2005
Posts: 86
05-12-2007 10:44
From: Sys Slade
I'm not entirely current on what babyfurs are, but simple kissing is not obscene or covered by the law mentioned above.

The law above requires what appears to be a child (human) being depicted in sexually explicit conduct that is obscene, or sexual intercourse.

Edit: just looked it up. Dressing as a puppy or such should be fine, it's the ones who look like human children and engage in sexual acts who need to be careful.



http://furry.wikia.com/wiki/Babyfurs

for furry's- http://furry.wikia.com/wiki/Furry

hope this helps.
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From: someone
[20:02] Tsu Goodliffe: T3 50$mouthly -_- lol
[20:13] Teeple Linden: I think he's looking everywhere...and your T3 is making me jealous. I pay that much for standard Cable (although Cox is excellent in this area)
[20:13] Tsu Goodliffe: Can I quote you on what you just said Lol
[20:14] Teeple Linden: Sure!
Mickey McLuhan
She of the SwissArmy Tail
Join date: 22 Aug 2005
Posts: 1,032
05-12-2007 10:45
From: Usagi Musashi
Another thread that should be closed due to people pushing their personal pro views of PRO Underage AGEROLE on sl......Gesh LLABs has stated that this type od age play is not allowed and some are only flaming the issues for pure pleasure of getting people allworkup over this issues. Stupid Stupid people! isnt ReaL Life Bad enought with children getting abused sexually and emotionally? Well Look like you DON`T care......caring more about your own sick RP games then Others that have been hurt in RL with this typic.If you don`t have anything better to do in your life then bitch about Age play RP then you.........forget it!

ANd yet another rambling, insult laden string of babble from you, Usagi. Thank you for that.
How 'bout you stop pushing your personal anti views, based on nothing but your opinion and let the grownups have a reasonable debate, as we were doing before you so rudely stepped in?
Most of us "pushing pro views of blah blah blah" actually don't have a problem with the ban and support SL in it's attempt to get rid of child porn. Most of us that have been more vocal about it have actually spoken out about real child porn being passed around and spoken against the club shown in the video etc.
Read the first post. There ARE some people ageplaying in an innocent way. Some roleplay with their monogamous partner, fully aware that the other person is an adult, just getting a thrill from the taboo. Yes, child abuse is sick. Paedophilia is a sickness. These people, no matter how much you and your ilk want to paint them as such, aren't paedophiles. They're not getting off on the image of a child. They are playing with their partner. They would never harm a child in any way, shape or form.
Just like rape fantasies, just like scat, just like vampirism, just like all the other insane, twisted things some people do to each other in this virtual world.
No children are harmed by these people, none will be.

Child abusing Paedophiles? Hang 'em high. Kick 'em in the balls first, that's what I say.
People passing around kiddy porn? Fuck 'em. Kick them off the grid.
German news crews who sit around watching a virtual 13 year old get raped over and over again, doing nothing to stop it, then express outrage and denounce Second Life and label all of us as a bunch of perverts? Fuck them, too.

But an innocent couple toying with the taboo and forbidden?

Come on.
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Elanthius Flagstaff
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Join date: 30 Apr 2006
Posts: 1,534
05-12-2007 10:51
From: Tsu Goodliffe
To be more precise, I have never had sex in a babyfur avatar...


There's nothing illegal about pictures of children or adults, small or large, in diapers or any other kind of clothing, computer generated or otherwise.

Everything I've said refers solely to the depiction of minors committing obscene acts (the definition of which is fairly vague but surely does not include kissing)
Tsu Goodliffe
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Join date: 23 Dec 2005
Posts: 86
05-12-2007 10:52
From: Elanthius Flagstaff
There's nothing illegal about pictures of children or adults, small or large, in diapers or any other kind of clothing, computer generated or otherwise.

Everything I've said refers solely to the depiction of minors committing obscene acts (the definition of which is fairly vague but surely does not include kissing)



so this dispute is about Minors irl or those who rpg as a Minor? I don't think anyone has clearly defined that point yet, in less I skin read *Scratches his head with his tail some*

the reason why I came into this dispute is because a friend was worried about me thinking I would get in trouble if I sat on a bdsm pose ball while wearing a diaper, he was worried I May get banned, he linked me to this thread, so Here I am asking whats on my mind (For record)

Some adult pose balls even include a lay head on knee pose while sitting, but the way some people put it (Doesn't matter what type of pose ball your at risk of ban if your in a babyish form of avatar) So I'm trying to clear this up in my mind to ease my thoughts.
_____________________
From: someone
[20:02] Tsu Goodliffe: T3 50$mouthly -_- lol
[20:13] Teeple Linden: I think he's looking everywhere...and your T3 is making me jealous. I pay that much for standard Cable (although Cox is excellent in this area)
[20:13] Tsu Goodliffe: Can I quote you on what you just said Lol
[20:14] Teeple Linden: Sure!
Elanthius Flagstaff
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Join date: 30 Apr 2006
Posts: 1,534
05-12-2007 11:04
From: Tsu Goodliffe
so this dispute is about Minors irl or those who rpg as a Minor?


What's illegal (in my understanding) is pictures of children having sex. Your IRL age is irrelevant.

It's pointless arguing here over whether this act or that act is obscene because no-one can define the word. Fairly safe to say that genitals should be involved though.
Tsu Goodliffe
Registered User
Join date: 23 Dec 2005
Posts: 86
05-12-2007 11:09
From: Elanthius Flagstaff
What's illegal (in my understanding) is pictures of children having sex. Your IRL age is irrelevant.

It's pointless arguing here over whether this act or that act is obscene because no-one can define the word. Fairly safe to say that genitals should be involved though.


I see and I do agree its pointless to argue but I'm only trying to rest my thoughts, (Not trying nor aiming to argue)

So this is (for Human Av's Only) furry's shouldn't have to worry as long as their 18+irl but like you said, irl age is irrelevant.
_____________________
From: someone
[20:02] Tsu Goodliffe: T3 50$mouthly -_- lol
[20:13] Teeple Linden: I think he's looking everywhere...and your T3 is making me jealous. I pay that much for standard Cable (although Cox is excellent in this area)
[20:13] Tsu Goodliffe: Can I quote you on what you just said Lol
[20:14] Teeple Linden: Sure!
Haravikk Mistral
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Join date: 8 Oct 2005
Posts: 2,482
05-12-2007 11:18
From: Sys Slade
Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that [...]

I've bolded the bit I'm unsure of, now I may be reading it wrong, but it seems that all of the words (production, receiving and possession) require an intent to distribute before it is actually a crime.
The question then is; does two or more people engaging in a private 'simulation' of such content imply an intent to distribute? As the images being generated are only seen by the persons involved, it would seem to me that there is no intention to distribute it unless someone starts taking snapshots and handing them out. It reads to me as though possessing or receiving such materials is not a crime on its own, unless you intend to give or show it to someone else. Otherwise having someone send child-porn in your e-mail would make you a criminal whether you wanted it or not.

Now in the specific case as I understand it. The two avatars 'doing' each other therefore would not be in violation as they were being spied on, but otherwise did not intend for others to see what they were doing.
However they would still be brought up on charges of having uploaded the actual child-pornography, as it is arguably distribution (you're distributing it to LL's servers).
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Rei Antwerp
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Join date: 26 Nov 2006
Posts: 15
05-12-2007 12:18
From: Elanthius Flagstaff
Sadly (and much to my surprise) in the US, the UK and Germany (at least) there already IS a law and adult on child avatar sex is quite literally illegal.

http://en.wikipedia.org/wiki/Lolicon#Legal_status_in_the_United_States

"On 30 April 2003, President George W. Bush signed into law the PROTECT Act of 2003 (also dubbed the Amber Alert Law) which again criminalizes cartoon child pornography."


It's still a disputed issue in U.S. law. Congress and the President appear to have passed a law that the Supreme Court ruled would be unconstitutional.

In fact, the only convictions under this law, so far, have been against defendants clearly guilty of other crimes. It is unlikely that it will ever be used as the sole law to find someone guilty... because everyone knows the law does not pass the First Amendment constitutional test.

Most legal scholars expect that if the Supreme Court were to review this case, they would be compelled to rule the law as unconstitutional. If they will review any of these cases, or not, is still an open question.

Which is why I find Linden Lab's proactive turning-over of identities to authorities to be such a problem. An over-zealous prosecutor could ruin someone's life even when they were abiding by the law... and Linden Labs would give them all the cannon fodder necessary to do so.

I realize Linden Labs is in a difficult position, but unless they are sure a crime has taken place (and unless you've passed the State Bar exam both where you are located and where all the user's are located), I don't see how you are in a position to do this.

What I do see is a future where LL gets an injunction against operating Second Life's Grid as part of a massive defamation of character case for releasing people's identities... after it turns out no crime has taken place, of course.

You can bet for sure that if this happened to me, and Linden Labs did to me what they did to two people in Germany, I would be asking a judge to injunction the entire grid from operating until the case was resolved. That could take months... or even years... All the while, Second Life would be shut down, and the company would go out of business.

LL, you're risking the future of your company, I hope you think becoming the Thought Police worth it.
Flavian Molinari
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05-12-2007 12:22
Ageplay is not illegal in the US.
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Elanthius Flagstaff
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05-12-2007 12:27
From: Rei Antwerp
It's still a disputed issue in U.S. law. Congress and the President appear to have passed a law that the Supreme Court ruled would be unconstitutional.


I 100% agree with everything you said but I stand by the claim that right now at this moment it IS illegal. If you're lucky enought to get your case to the Supreme Court then, sure, maybe it will stop being illegal at that point. Maybe.
Flavian Molinari
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05-12-2007 12:29
From: Elanthius Flagstaff
I 100% agree with everything you said but I stand by the claim that right now at this moment it IS illegal. If you're lucky enought to get your case to the Supreme Court then, sure, maybe it will stop being illegal at that point. Maybe.


It's been reviewed.
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Lillie Bourne
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Join date: 22 Mar 2007
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05-12-2007 12:30
From: Flavian Molinari
It's been reviewed.


Sorry, not sure what you mean.
Rei Antwerp
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Join date: 26 Nov 2006
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05-12-2007 12:38
From: Flavian Molinari
It's been reviewed.


It has not been reviewed at the Supreme Court, as the Wikipedia article states. I also don't believe it has been reviewed at a federal appeals court, where the constitutionality of the law could be questioned. In either case, I still consider it disputed law that the Supreme Court must review if it wants to be considered the law of the land.

Now, the Supreme Court could uphold it, that's up to them... I'm just saying until it does I don't think Linden Labs should be on such a proactive basis considering they have no upside... and significant downside (as in, LL getting sued) for doing so.

As the article states, right now prosecutors don't want such a battle, and thus are only using it to tack-on to other valid charges... in order to enhance criminal sentences of real child predators.

Still, my argument stands, Linden Labs should not play the role of prosecutor and decide if something is a crime or not. If they want to deem an avie as "child" or "adult" then the grid needs major changes to reflect that. They are asking for a lawsuit the moment they declare an adult avie dressed up as a child, to in fact be a child... and then share personal information with the public.
Flavian Molinari
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05-12-2007 12:39
From: Lillie Bourne
Sorry, not sure what you mean.


The US supreme court has reviewed the laws against artificial kiddie porn and found them unconstitutional.

Computer generated kiddie porn is not against the law in the United States..
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Flavian Molinari
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05-12-2007 12:40
From: Rei Antwerp
It has not been reviewed at the Supreme Court, as the Wikipedia article states. I also don't believe it has been reviewed at a federal appeals court, where the constitutionality of the law could be questioned.

As the article states, right now prosecutors don't want such a battle, and thus are only using it to tack-on to other valid charges... in order to enhance criminal sentences of real child predators.

Still, my argument stands, Linden Labs should not play the role of prosecutor and decide if something is a crime or not. If they want to deem an avie as "child" or "adult" then the grid needs major changes to reflect that. They are asking for a lawsuit the moment they declare an adult avie dressed up as a child, to in fact be a child... and then share personal information with the public.


I'm glad you are researching this but Wiki is notoriously wrong on most subjects.
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Rei Antwerp
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05-12-2007 12:41
From: Flavian Molinari
The US supreme court has reviewed the laws against artificial kiddie porn and found them unconstitutional.

Computer generated kiddie porn is not against the law in the United States..


You are correct, however, new anti-Lolicon legislation has been passed since then, which re-outlaws Lolicon. The Supreme Court has yet to review this legislation, as a clear-cut case of the law being used on-its-own to prosecute someone, has not yet happened.

Like I said, it is widely held in the legal community that this new wave of legislation would be found unconstitutional when it reaches the Supreme Court.
Rei Antwerp
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Join date: 26 Nov 2006
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05-12-2007 12:45
From: Flavian Molinari
Ageplay is not illegal in the US.


Let's clarify that a bit.

Ageplay sex involving two adult avatars - Legal
Ageplay sex involving child avatars - Disputed in the U.S., probably illegal in Germany

(I only say probably because I am not an expert in German law).

So, if you want to be totally safe with ageplay, just use adult avatars. And Linden Labs, if you don't want a court to shut you down, be very, very sure you're not calling an adult avatar a child avatar. My suggestion would be to wait until the Supreme Court rules on this new wave of legislation before taking any action against any U.S. member of the grid.
Zaphod Kotobide
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05-12-2007 12:52
Rei, Where do you get the idea that LL would release names to the public? They never said that. Here's a quote from the blog:

From: Robin Linden

If Linden Lab learns that someone is engaging in, advertising or promoting locations or activities involving the depiction of sexual or lewd acts involving minors, their account will be terminated, and we will fully cooperate with all appropriate authorities.

If a Resident possesses or distributes real-world pornographic images in Second Life that appear to involve minors, their account will be terminated and their details provided to real-world authorities, as has always been our policy.


"We will fully cooperate with all appropriate authorities" does not read to me like "We will disclose their real life identities to the public". Whether they disclose any information to law enforcement I'm certain would depend greatly on the specifics of a given case. It wouldn't be taken lightly, and it wouldn't be done simply as a matter of course.
Rei Antwerp
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05-12-2007 13:02
From: Zaphod Kotobide
Rei, Where do you get the idea that LL would release names to the public? They never said that. Here's a quote from the blog:

"We will fully cooperate with all appropriate authorities" does not read to me like "We will disclose their real life identities to the public". Whether they disclose any information to law enforcement I'm certain would depend greatly on the specifics of a given case. It wouldn't be taken lightly, and it wouldn't be done simply as a matter of course.


Linden Labs handed over the identities of those users to German authorities without even a request to do so. That's what concerns me.

Once you disclose the identities to authorities, they can legally make it a matter of public record. So, basically, LL gives names (again, without even authorities asking for them) to government authorities, who can then publish them as they see fit.

I don't trust my government enough to have them know what I do in the bedroom... virtual or not. Linden Labs should not hand over such identities so pro-actively. It appears they did so as a reflex-response to media reporting... which is just getting them deeper.

If it happened to me, and a single document ever reached the public disclosing my SL identity and activities... I would have a court case for defamation of character ready to go.
Zaphod Kotobide
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05-12-2007 13:38
And your source for this is what? Doesn't say anywhere in the blog post that they did any such thing. She's talking about two separate issues here. First, a couple residents were found engaging in a sexual age play scene, and were banned from Second Life. (nowhere does it state that Linden Lab handed over their identities to German authorities) Second, the German news network ARD presented Linden Lab with actual photos of child porn they allege were found in Second Life, which ARD also handed over to the German authorities. Linden Lab attempted to contact the German authorities as well, and at the time of the blog post, hadn't received any response. The source or location of those pictures in world had not been determined. If they ever do find the source of those real life photos, you BET they will be turned in. In the case of sexual age play in and of itself, there's nothing to suggest it will be policy in all cases to disclose the account holders names to authorities, only that they will be banned from Second Life.

From: Rei Antwerp
Linden Labs handed over the identities of those users to German authorities without even a request to do so. That's what concerns me.

Rei Antwerp
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Join date: 26 Nov 2006
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05-12-2007 13:44
From: Zaphod Kotobide
And your source for this is what? Doesn't say anywhere in the blog post that they did any such thing. She's talking about two separate issues here. First, a couple residents were found engaging in a sexual age play scene, and were banned from Second Life. (nowhere does it state that Linden Lab handed over their identities to German authorities) Second, the German news network ARD presented Linden Lab with actual photos of child porn they allege were found in Second Life, which ARD also handed over to the German authorities. Linden Lab attempted to contact the German authorities as well, and at the time of the blog post, hadn't received any response. The source or location of those pictures in world had not been determined. If they ever do find the source of those real life photos, you BET they will be turned in. In the case of sexual age play in and of itself, there's nothing to suggest it will be policy in all cases to disclose the account holders names to authorities, only that they will be banned from Second Life.


As I've said in past replies, it is not clear based on the Blog entry if actual images of real-life child pornography were being distributed. I am not relying on some Google Translate article to establish that. If, however, that did take place, I believe LL's actions in that particular incident were appropriate.

However, I will agree as well, there is just too much that is not clear here. Linden Lab's policy is not clear, but from what they have said, they do appear to be willing to hand out contact information like as if it is only worth the keystrokes typed into their database. From what I have seen, they are indeed willing to disclose contact information to authorities on an at-will basis when it comes to suspect ageplay.

If that is incorrect, I encourage anyone from LL to come in here and clear the air.

I want clarification. I want a clear-cut policy on ageplay. If they want to draw a line between child avies, and adult avies, fine. They need to implement that in their system.

I really don't care about ageplay. I don't see how someone dressed up as a child in an adult avie really makes that much of a difference in a world of polygons. However, I realize this is a delicate situation. But disclosing identities without a warrant needs to be prohibited, otherwise, LL is setting themselves up for the law suits I've detailed previously.

The entire point of all my posts is that Linden Labs needs to respect the privacy and wishes of their residents, even when they dislike what they do. So long as it is legal (or not clearly illegal), and so long as there is not a clear-cut policy (the subjective evaluation of an avie doesn't pass legal muster), then Linden Labs needs to protect the identities of their residents.

... And they need to go on-record saying they will do that.
Zaphod Kotobide
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05-12-2007 14:28
I don't find the blog post all that unclear. You have to exercise a fair amount of common sense here, and piece some things together. A reasonable approach would simply be to notify authorities if they believe a crime has taken place. Exchanging real world child porn images within the Second Life platform will assuredly fall into that category, and authorities will be notified. The blog is quite clear that ARD had in their possession real world child pornography, which they obtained from somewhere in Second Life. Nothing unclear here, except who uploaded them, and their whereabouts on the grid and in the database.

There isn't a jurisdiction on the civilized planet where actual photos of children in sexually explicit situations isn't treated as a very serious crime. Adult/Child polygon sex isn't so cut and dry in a purely technical sense, as all of these various conversations here in the forums have shown. Laws aside, Linden Lab have stated the policy. Engage in it, promote it, get banned from Second Life. If there are other factors accompanying the banned activity, such as textures, chat logs, etc, which warrant involving law enforcement, law enforcement will be involved. It's no different than the way any other online service provider would act.

Some clarification, straight from Linden Lab:

From: Second Life Terms of Service

PRIVACY POLICY

6.1 Linden Lab uses your personal information to operate and improve Second Life, and will not give your personal information to third parties except to operate, improve and protect the Service.

The personal information you provide to us during registration is used for Linden Lab's internal purposes only. Linden Lab uses the information it collects to learn what you like and to improve the Service. Linden Lab will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfill your service request, to third- party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect Linden Lab, its agents and other users of the Service. Linden Lab does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Linden Lab can (and you authorize Linden Lab to) disclose any information about you to private entities, law enforcement agencies or government officials, as Linden Lab, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to Linden Lab's remote accessing and review of the computer onto which you load Linden Software for purposes of support and debugging. You agree that Linden Lab may communicate with you via email and any similar technology for any purpose relating to the Service, the Linden Software and any services or software which may in the future be provided by Linden Lab or on Linden Lab's behalf. You agree to read the disclosures and be bound by the terms of the additional Privacy Policy information posted on our website at http://secondlife.com/corporate/privacy.php.


Your "can't be more clear cut" policy on age play:


From: Robin Linden


We simply will not tolerate the depiction of sexual or lewd acts involving minors in Second Life. If Linden Lab learns that someone is engaging in, advertising or promoting locations or activities involving the depiction of sexual or lewd acts involving minors, their account will be terminated, and we will fully cooperate with all appropriate authorities.

If a Resident possesses or distributes real-world pornographic images in Second Life that appear to involve minors, their account will be terminated and their details provided to real-world authorities, as has always been our policy.






From: Rei Antwerp
If that is incorrect, I encourage anyone from LL to come in here and clear the air.

I want clarification. I want a clear-cut policy on ageplay. If they want to draw a line between child avies, and adult avies, fine. They need to implement that in their system.

I really don't care about ageplay. I don't see how someone dressed up as a child in an adult avie really makes that much of a difference in a world of polygons. However, I realize this is a delicate situation. But disclosing identities without a warrant needs to be prohibited, otherwise, LL is setting themselves up for the law suits I've detailed previously.
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