At the Sc meeting today, I raised a concern that cam up in a conversation I had with my RL bar assn ethics counsel concerning legal practice on SL. I will focus on the SL case handled by SL legfal system aspect of this problem.
First, we have a real exchange and real economy in SL. Land and commercial practices are earning real money for people. This makes SL commercial activity a RL economic concern for RL people. This erodes the traditional barrier between RL and MMOGs. Gynn has observed this when discussing the consideration of SL by virtual world experts, including Castronova and Koster.
This RL economic activity, wich could cost RL people real money, creates a policy concern for RL governments. In the legal context, the possibility of RL citizens who are involved in SL economic activity receiving legal advice in SL is a matter of real concern in at least one Bar Assn I am aware of. The question is -- should the activites of SL attorneys be regulated by RL bar assns? I think the obvious answer, from an SL perspective, is no. However, if real people are given bad legal advice in SL and lose real money, I think a Bar Assn would see things differently, and even believe that it would be irresponsible not to regulate.
The closer our legal system is to a RL legal system. That is, the more complex and professionalized it is, the stronger the case for RL intervention. Our best protection is to make sure that, even when doing SL law, we make sure that it looks, from the outside, like we are playing at being lawyers rathan than looking like we are being lawyers on and through SL. One serious problem with the current judiciary act is that, by looking as it does to RL legal systems, it fails to provide this protection.
This could very easily invite in RL legal regulators, and other governmental actors, who would take a long, hard look at SL activities and, I think, find all kinds of things to regulate. This would be a disaster, not only for the CDS and our fledging legal system, but for the SL community as a whole. Think of how hated the CDS will be if we kill SL by inviting in real governments. Think hard about this people. Is it worth the risk merely to have a judiciary that meets Ashcroft's high standard of competence?
I don't think so.
Beathan