Online Anonymity and You

One frequent complaint that you’ll hear from adult gamers is the persistence of curse- and prejudice-filled banter on online gaming services. Many video game players believe that they can say and do whatever they like because they didn’t register using their real name and they can’t be held accountable for their actions when only a username is exposed. In the corporate world, you often hear IT administrators remind users that they shouldn’t email anything that they wouldn’t mind seeing on a billboard on the side of the highway. In gaming terms, that statement can be enhanced to say that you shouldn’t say or type anything that you wouldn’t mind telling someone face-to-face. The truth of the matter is, you’re never anonymous online – you just choose the extent to which you reveal personal (often confidential) information, be it via the end user license agreement that you agree to, the service to which you subscribe, or the product agreement upon purchase.

Cloaked in the veil of false anonymity, people can commit very non-virtual crimes that carry with them very non-virtual penalties. Organizations such as the Federal Bureau of Investigations (FBI), Department of Homeland Security, Department of Justice, State Attorney Generals as well as State and Local Police continue to ramp up their efforts in this area and are prosecuting individuals each and every day. Crimes such as theft, fraud, robbery, threats (to people or property), conspiracy, incitement and collusion often carry substantially-similar sentences regardless of whether committed online or off. In this day and age, it’s important for all online users to know that the same laws we are taught to follow in our daily lives apply to our lives in the virtual world as well.

Similar to criminal infractions, civil laws that one wouldn’t dream of running afoul of in daily life are becoming more commonplace. Evidence has shown that slander and libel are the most frequently committed offenses perpetrated by users who act under the false assumption that they are anonymous and that the First Amendment protects their harmful statements. For our purposes we can boil it down to slander referring to spoken communication and libel covering written words or images. Both fall under a category called “defamation” which is also a crime in some states. Despite what you may think about a camper, braggart… or even a certain former attorney, don’t say it – and for pity’s sake, certainly don’t write it! Even blanket insults that we’re likely most used to – such as calling into question one’s morals or ethics, if severe enough – can qualify as a ‘per se’ statement, which tilts the burden even further against the defamer.

States across the country have also been passing legislation against digital harassment, due to the rise in cyber-bullying and cyber-stalking. As their respective names would imply, they too are modeled after the real world practices and can and do have much the same consequences – both to the victims as well as in how the criminals are prosecuted.

If you’re on the receiving end of any of the above crimes, the first thing you should do is report the issue to the service’s customer service reps, moderators or feedback tools. The larger and more sophisticated the business, the more likely they’ll be on top of nipping bad behavior in the bud. The reasons why they’re so proactive are that they might otherwise share in the liability. Any business which actively and knowingly permits and enables criminal activities puts itself at tremendous risk, as well as threatening the owners and principles of the corporation. And between the legal fees involved and the jury awards for an unfavorable decision, the entire business and livelihoods could be at risk. If the service isn’t being responsive to your complaints, then document the history. Doing so will preserve what happened so that it can be used if (and when) you decide to leverage it. But, like most real world crimes, cyber-crimes also have limited shelf lives, called a “statute of limitations” or “prescriptive period,” so don’t wait too long before making a decision.

Federal and state laws, as well as codes of conduct, terms of use and site rules are put into place to protect the public and consumers. So where’s the line between an “off-the-cuff” comment and running afoul of the law? It depends. If you’re chatting on a headset and trade barbs with a competitor, you’re probably ok. But if your behavior is repetitive or becomes harmful, you’re probably not. We all enjoy a little “trash talking” between friends every now and again, but as any professional public speaker will tell you… know your audience. Making common sense choices and tailoring your online habits to be more like your real world persona is likely the best path to be on.

For more on the subject, check out these informative resources:

• Enforcement on Xbox Live, Audio from PAX East Panel
• Xbox Live Etiquette Tips and Advice
• Interesting thread on reporting bad behavior
• GamePro feature article on the psychology of harassment
• Mark Methenitis’ ‘Law of the Game’ blog
• Dan Rosenthal’s ‘GamesLaw’ blog
• Tom Buscaglia’s ‘The Game Attorney’ blog
• …and ECA’s GamePolitics

About Hal Halpin
Hal Halpin is founder and president of the Entertainment Consumers Association (ECA), a non-profit organization that represents interactive entertainment consumers in the U.S. and Canada, giving gamers a voice to relay concerns, address issues and focus advocacy efforts.

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