Xiao SA lawyer 2022-04-06 13:54:10 阅读数:341
A few days ago, on a foreign social networking platform , A netizen accused himself of doing... In a meta cosmic virtual space “VR sleep ” When I was “VR rape ”. Then came a new term that seemed to go beyond the times “VR rape ” Top of the search platform , For a time, countless netizens ate melons and watched .
From this VR“ Rape ” Happened on a popular network VR In social games , The design company of the game was established in 2014 year ,2021 year 6 At the end of the month, the company completed 8000 Thousands of dollars in D Round of funding , In the heat of the moment , is VR The benchmarking presence of social games . This paragraph VR Social games have a high degree of freedom （ That is to say “ Sandbox world ”）, By wearing VR equipment , Players can even achieve almost the same physical performance as reality in this game , Like blinking 、 mouth 、 Gestures, etc .
The problem is just in the high degree of freedom game experience . In order for players to experience “ Sandbox world ” Freedom , The game allows players to play “VR sleep ”, namely Player wear VR The head display goes to sleep when entering the game . From this “VR Rape ” It happened in “VR sleep ” In the process . in short ,“ The victim ” Wear VR When the head is sleeping in reality , The game characters it controls are also sleeping in the virtual world . In the process , Other players use the game characters they control in “ The victim ” Control the game character to swing the waist , Make some indecent moves , This is Ben Qi VR“ Rape ” All the facts of the case .“ The victim ” In hindsight , It was forced to experience an incomparable “ real ” Sexual assault —— Wake up in your sleep , Open your eyes and see a strange game character making obscene actions on his virtual body in the head display , All this is very realistic .
This happens in cyberspace “ Sexual assault ” Events are not new . As early as 1993 In the ancient times of the development of the Internet , Reporter Julian · Diebel （Julian Dibbell） He once published an article entitled 《 Rape in cyberspace 》(a Rape in Cyberspace） The article . This article records a player in a virtual community By controlling other players' virtual characters 、 Sound and other characteristics , A series of misconduct Events , I'm afraid this is the Internet “ Sexual assault ” The earliest record of the event .
stay VR Apply the explosive 2016 year ,“Belamire Sexual assault ” Also in VR There has been a lot of discussion in the game industry . According to the of the event “ The victim ”Belamire describe , It's in some VR The public chat channel of the game makes a sound 、 After exposing his female identity , the other one VR Players start “ Stroke ”Belamire The virtual image in the game . stay Belamire After the explicit rejection, the player not only didn't stop his improper actions , Instead, he stroked harder Belamire The virtual image in the game . At that time, there was a voice on the Internet that “ Such indecent behavior, if put in the real world, is enough to constitute the crime of compulsory indecency .”
Aforementioned “VR Rape ” perhaps “Belamire Sexual assault ” It's all about “ Virtual sexual violence ” event . Simply speaking ,“ Virtual sexual violence ” That happens in things like the meta universe 、 In virtual digital space such as online games , The effect of a virtual character controlled by a player on a virtual character controlled by another player “ Sexual violence ” Behavior , Whether such behavior is equivalent to sexual violence in reality , Can be regulated by criminal law ？ The answer seems to be No .
From the beginning “VR Rape ” Take Japan as an example , The Japanese criminal law and several special criminal laws have very detailed provisions on sexual crimes . Articles 176 to 179 of the Japanese criminal law stipulate compulsory indecency respectively 、 rape 、 Quasi compulsory indecency and quasi rape 、 Gang rape and corresponding attempted crime ,《 Law on the regulation of online seduction of children 》、《 Petty crime law 》 And other special criminal laws stipulate the punishment provisions for peeping and online seduction against children , But despite the meticulous rules ,“VR Rape ” Medium “ Perpetrator ” It is difficult to meet the constitutive requirements of the above charges .
First of all, in terms of rape , Japanese criminal law requires violence or coercion , Or take advantage of others' loss of mind or irresistible opportunity to have sex with them , Obviously, the virtual characters in the game “ rape ” It can't be evaluated as forcing sex with the player behind the virtual character . Otherwise, in the VR In the game “ Kill ” Other players do not constitute intentional homicide ？ This is obviously absurd .
Secondly, as far as the crime of compulsory indecency is concerned , Japanese criminal law requires that as a means to achieve indecency, the act must have mandatory , That is, either by means of violence or coercion , Or while the victim is asleep 、 Indecency in a coma and other mental loss , Otherwise, it will not constitute the relevant compulsory indecency crime . In this case, the victim can be evaluated as “ In a state of loss of mind such as deep sleep ”, But indecency must require that the victim himself be , Not its avatar in the game , Moreover, Japan's jurisprudence so far has affirmed that indecent acts must have Physical contact Or at least There is the possibility of physical contact , This is clearly impossible in this case .
Again, in terms of the most basic legal principles , One of the most remarkable achievements of modern criminal law is the establishment of the theory of legal interests , Therefore, the behavior that is objectively impossible to infringe or threaten people's life interests is completely excluded from the scope of criminal law . Sex crimes （ Like rape 、 Compulsory indecency ） For example , The legal interests protected by criminal law are people's “ Sexual self-determination ”, Criminal law protects us “ Decide who to have sex with 、 When and how sexual contact occurs ” Freedom . Obviously , stay VR In the game “ Indecent ” Although the behavior is disgusting , But in any case, it is impossible to threaten the player's sexual freedom .
Of course , If in this case “ The victim ” It's minors , And “ Perpetrator ” In the implementation of virtual characters controlled by players “ Indecent ” In the process of behavior Luring the minor to meet offline , In Japan, it may be based on 《 The regulation law of online seduction of children 》 This special criminal law gives criminal regulation .
If the case happens in our country , Yes “ Perpetrator ” The legal evaluation will be similar to that of Japan , Its There is no possibility of constituting a related crime .
Apart from sexual crimes ,VR Insulting actions and abusive behaviors in the game are also difficult to constitute insults in China 、 libel . Although the Standing Committee of the National People's Congress 《 The decision to maintain Internet Security 》 Article 4 （ One ） Item stipulates “ Using the Internet to insult others or fabricate facts to slander others , Criminal responsibility shall be investigated in accordance with the relevant provisions of the criminal law ”, But in VR Games and other online games , insult 、 The object of abuse points to the virtual characters in the game , Not the player behind it . Even if the abusive person intends to abuse the player behind the virtual character , However, due to the anonymity and random matching of online games , The abusive person doesn't know the real name of the player behind the virtual character , Its abuse 、 Insulting behavior also It's hard to have an impact on the player's real social relationships . So such abuse 、 Insulting behavior is almost impossible to be regulated by criminal law .
Therefore, we have to face an embarrassing proposition ： Perhaps the legal risk is not virtual violence “ Perpetrator ”, It is VR Game designers and operators . In the field of philosophy of science and technology, there is a term called “ Technological alienation ”, It initially refers to technology as a means of improving human life 、 Creations that promote social progress produce negative effects contrary to people's expectations . Technology alienation can be found everywhere in the Internet age , Even let some Internet entrepreneurs end up in jail .
Internet sensation a few years ago “ A broadcast case ”, The original intention of the designer of the network player was to design a network player with cloud playback function , But it has been used by countless Internet pornographic video disseminators , Eventually, the founder of the company was sentenced to three years and six months in prison on suspicion of spreading obscene articles for profit .
A famous social software in China once had “ Drift bottle ” function , This feature was originally designed to provide users with anonymous social needs , It is convenient for users to say their own words on the Internet , But just launched, the drifting bottle is full of all kinds of obscene and illegal information , Finally, the operators of the social software had to completely ban the drifting bottle function to avoid falling into Crime of helping information network crime In the French Net .
In the near future AI Face change is famous all over the network Deep synthesis technology It is also pushed to the cusp due to the phenomenon of technological alienation ,AI Face change was born just to entertain the public , But it has gradually become “ Sexual revenge ” The means of , That is to use deep synthesis technology to replace the faces in pornographic films with the faces of celebrities , stay 2020 Around the year, there will be nearly 90% Of AI The face changing video involves pornographic content , Not only in AI Face changing , Deep synthesis technology is also widely used in fake news synthesis , At present, it is a typical representative of technological alienation in the era of meta universe .
“VR rape ” Events may become VR The fuse of technology alienation in application field . It has been used before VR The precedent of making pornographic videos of virtual game characters , The wide spread of these illegal contents has to cause virtual reality games 、 Relevant designers of the application of deep synthesis technology 、 Operators pay attention to their own criminal risks .
Do a good job of virtual content information disclosure
The criminal risk caused by technological alienation has attracted extensive attention abroad , The United States is one of the first countries to govern deep synthesis technology and virtual reality technology ,《 Malicious deep forgery Prohibition Act （Malicious Deep Fake Prohibition Act of 2018）》、《 Deep forgery Liability Act （Deep Fakes Accountability Act）》 Are typical representatives , The latter requires any use of Virtual Reality Technology 、 The person who manufactures video media files with deep synthesis technology must belong to AI Generate or tamper with this information for disclosure , The designers and operators of relevant applications must also adopt appropriate means to manage these media contents AI Generate or tamper with to mark .
China has also issued a series of relevant regulations , Such as the national Internet information office 、 Culture and tourism department 、 Jointly issued by the State Administration of radio and television 《 Regulations on the management of network audio and video information services 》 Pointed out that “ Use deep learning 、 Application and production of new technologies such as virtual reality 、 Release 、 When transmitting non real audio and video information , It should be marked in a prominent way .”
Fulfill the obligation of network content governance
Technology alienation is unpredictable in the Internet age , For example, drifting bottles should be used for the dissemination of obscene information 、 Deep synthesis technology is used in pornographic video and fake news production 、VR All kinds of games “ sexual harassment ” Are their typical representatives , This requires the operators of relevant applications to always remember their network information content governance obligations .
In our country 《 Regulations on Ecological Governance of network information content 》 It is required that the network information content service platform should fulfill the responsibility of the main body of information content management , Strengthen the information content management of this platform , Article 7 stipulates that “ With sexual hints 、 Sexual teasing is easy to make people have sexual associations ” The information is bad information , Network information content producers shall take corresponding measures to prevent 、 Resist making 、 Copy 、 Release the above information .
Perform relevant application safety assessment
This time “VR rape ” The virtual reality game involved in the event has a strong social attribute , This is also a major feature of the current virtual reality application , Such applications generally have the attribute of public opinion or certain social mobilization ability , In our country 《 Regulations on the management of network audio and video information services 》、《 Regulations on the administration of network data security 》 And other legal norms require the operators of relevant internet platforms to conduct security assessment in accordance with relevant national regulations , To see what might happen It's about national security 、 Social public interest risk .
Establish an effective complaint mechanism for platform users
Another way to deal with the alienation of virtual reality application technology is to strengthen the self-management and correction mechanism of the platform . In our country 《 Regulations on information service management of mobile Internet application 》 And other relevant laws and regulations also require the operators of relevant applications 、 Designers should build effective in their own applications Public complaints 、 Report entry , To strengthen the self-management and correction of the platform .
Since the ancient times , The dual nature of technology is nothing new , Kitchen knives can be used to cook , Will also be used to kill ; Einstein E=MC² Mass energy conversion formula , It has laid the foundation for our use of nuclear energy , Countless atomic bombs can be used to kill people ...... The same is true of the metauniverse and its aggregation technologies .
At present , The impact of virtual violence on women is particularly serious , Even to some extent, it has constituted women's free use VR Technical barriers , But because the number of female users is significantly less than that of male users , Virtual violence has not attracted due attention . In the face of the rapid development of new technology , Not only need the legislature to issue relevant laws and regulations as soon as possible , We also need developers and users of Technology , As far as possible with a kind and considerate heart , Investigate in detail 、 Consider and eliminate the possible adverse effects of new technologies on users .
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