Granting Personality to a Virtual Identity

Jacob van Kokswijk

village. Watching the development of the mixed reality – both

Abstract—For ages we were used to have automatons, based on the virtual and physical worlds are seamlessly mixed to a
instructions. Now we are near to the moment that we have lesser hybrid human environment, called “interreality” – it will be
control over the consequences of actions of software powered actors. sure that the current ideas and rules, if any, about virtual
The autonomous intelligent software agent with social learning skills identity have to be changed, step by step [2]. New forms of
creates itself soon. Watching the development of the mixed reality
anonymity and dissociation (assuming multiple personalities)
technology the virtual and physical worlds will mix seamlessly to a
hybrid human environment, called interreality and it will be sure that are cultivated in this virtual society, leading to different
the current ideas and rules, if any, about virtual identity have to be behaviour patterns. Much attention is paid to this phenomenon
changed. The phenomenon of fictitious virtual identities, potentially from a sociological viewpoint in the academic world but less
in fully fictitious environments, is highly exploited in e.g. data from other single and multidisciplinary research programmes.
transactions and games. Society has to deal with multiple identities Something has really changed: the automatic generated and
and autonomous agents like we did before with technology novelties operated software agents.
as result of the implementation of the telegraph and telephone. New As Internet based activities become more extensive and
regulation around any accountability “behind the bot” should be
pervasive, as the mixed reality finds its way in the online game
developed. This paper presents some guidelines.
industry, and people explore online identities as new age
Keywords—Cyber, Cybernetic, Legal, Personality, Virtual, personages, other legal issues are beginning to arise. In many
Identity, Reality, Pseudonymity, Intelligent, Artificial, Agents, Alias, virtual environments, such as Second Life, individuals can invest
Mixed Reality, Virtual Reality, Virtual Worlds. significant amounts of time and, sometimes, real money in
developing their virtual personalities and environment. The key
I. INTRODUCTION issue which will have to be confronted concerns the extent to
which personality rights might be recognised as existing in the
I N document is a template for Word (doc) versions. If y1940
the Argentinean writer and poet Jorge Luis Borges wrote
‘Tlön, Uqbar, Orbis Tertius’ [1]. In this short story Borges
virtual world. For some individuals their virtual persona is at
least as important as their real life image. It is perhaps not too
stretches the thin boundaries between reality and unreality to difficult to suggest that concepts such as defamation can be
the point where they cease to exist – … if they ever really applicable in the on line environment. More difficult is the
existed. The idea of “imaginary identity” and “Interreality” question whether a virtual personality can be the subject of an
was presented. assault.
Imaginary or virtual identities are not a novelty, neither
words such as “cyberian” or “Interreality” are neologisms. II. THE ORIGIN OF A VIRTUAL IDENTITY
Almost 2.500 years ago people used pseudonyms to be A virtual identity is a persona that is implied when
anonymous, and were discussed imaginary worlds and the communicating online. It is a perceived view of who you are
jurisdiction of law. In the past only artists, criminals and some when online. The online identity changes due to the fact that it
peers created and used pseudonyms for their actions. Today, is a visual medium with relatively small levels of truth,
children and adults can be Superman in real action and actually being described. Virtual identities are the online users
performance. Now space and time have fallen away, all published personality, physical description and the ability to
traditional connections and identities are suppressed on the improvise whoever you want to be.
Internet, both the individual and the collective ones. For more
The online identity is one that is usually (in most cases)
than 150 years there was an internet, with chat rooms, virtual
embellished to make the physical person appear more
affairs and online identities. Going back in history, discussions
intelligent, sexier, skinnier or bolder. The personality chosen
were also held about shameless youth which handily used
technology, about rude colonists who made their own rules in usually embellishes what the person already has or aspires to
the conquered territories, and about floating people who were be. It encases what the person finds attractive in the other sex,
hopping between imaginary and realistic societies. New forms particularly in online dating and also what their ambitions are.
of anonymity, gender and identity switches are cultivated on To facilitate the online identity in communication systems a
the World Wide Web, thus superseding the idea of a global ‘virtual identity’ has to be created to execute the specific
online identity. It can be temporary (for the period the online
contributor is online with that specific identity) or permanent
Jacob van Kokswijk is with KU Leuven (Belgium), KAIST (Korea), (when the virtual identity stays active or mute in the online
Strathclyde University (UK), Twente University (NL) (e-mail:
jacob.vankokswijk[at]med.kuleuven.be).
network).
 The used ‘nickname’ often represents habits and themselves. Now space and time have fallen away all
characteristics of the online user, Bechar-Israeli states after traditional connections and identities are suppressed on the
research [3]. A lot of traceable plays and rituals are use in Internet, both the individual and the collective ones. New
Internet Relay Chats, as Danet also finds[4]. Communication in forms of anonymity, gender and identity switches are
Internet chat spaces allows participants to communicate so cultivated on the World Wide Web, thus superseding the idea
freely in the relative safety of anonymity, that they forget their of a global village. Own managed identities are becoming
privacy. Analysing the behaviour, Scheidt concluded that popular and common[7].
adolescent females also advertise their true selves by utilising When a user creates an identity, it can be a conscious
nicknames that advertise their age, actual name, self character construction, it can evolve subconsciously over a period of
traits, and by showing their originality by utilizing innovative time, or it could simply be a reflection of the user in real life.
typography in their nicknames [5]. Kimmelmann researched Users can create an identity that is totally different from their
how individuals are personally extended through their virtual real selves in any number of ways. They can choose gender,
activities [6]. Just as handwriting is inherently an extension of race, age; all the traditional delineators of real life are
the person, the portrait inevitably a meditation in the form of a malleable. The identity is a pure construct of the individual
painter's skill, he explored the possibilities of authenticity in and may or may not reflect reality. The ability to assume an
electronic media. alias, a new identity and masquerade as something that you are
Identities need to be presented and to be recognised as a not, is a liberating experience. It enables you to experience life
unique form. Otherwise a person won’t recognise the specific from the other side, to experience first hand prejudices and
identity. For ease of distinction and execution a virtual identity assumptions that are made by any number of social groups or
needs to have a textual, graphical or other representation, otherwise.
because the technology processing in the computers and There are two primary mediums on the Internet where
networks requires it to be identified as a unique form. This virtual identities really come into play. The first is online chat
essential requirement results in the naming of each to be (a textual medium), and the second is online gaming (a spatial
identified object. Basically it is done by means of choosing or medium). As games have a limited chat function, chats have a
generating a hexadecimal code, consisting of characters such limited action function. Both serve the same purpose, to
as a-z, A-Z, 0-9, - _ and. This kind of nomenclature is provide an alternative to the main purpose of the medium.
internationally regulated by all kinds of standards and Both functions can be used to enhance or correspond with the
protocols in the executing technology. In a more advanced or chat or action at hand, both can be used for comic relief, and
specialised way the presentation of the identification also can both help establish identity.
take place by means of an icon-sized graphic image or a Tubella [8] stated with concerns that while traditional
specific sound. Essential is that all identity appearances can be media, in particular television, play an enormous role in the
recorded, stored and reproduced to interact with human construction of collective identity, Internet influences the
beings. An unidentified alien has to be recognised in an construction of individual identity, as individuals increasingly
electronic system in order to be ignored or deleted rely on their own resources to construct a coherent identity for
automatically. themselves in an open process of self formation as a symbolic
project through the utilisation of symbolic materials available
III. MAKEABILITY to them. He argued that this is an open process that will change
The 'makeability' of people, initially in the form of overtime as people adopt new symbolic materials. This is a
adornment using clothing, colour, and ornaments, followed in relatively easy process for individuals but much more difficult
the 20th century by the use of cosmetics, all kinds of lenses, for collectivists who have the tendency to stick to their
plastic surgery, orthodontics, and photomontages, has boomed traditional values. Presenting a case about building a Catalan
in the (multi) media and computer technologies. Voices are identity in the network society Tubella considered what role
adapted to people's wishes using Digital Sound Processing and Internet does play in building Catalan identity.
sample technologies. Musical compositions are turned into An example of identity construct is social engineering, a
popular ‘easy listening’ with notation programs in the concept in political science that refers to (debatable) efforts to
computer. Faces are made uniform and attractive to the public influence popular attitudes and social behaviour on a large
using morphing technologies. Images of people captured by scale, whether by governments or private groups. In the
means of digital cameras are fashioned into the personalities political arena the counterpart of social engineering is political
that at that time get the highest ratings. With a computer engineering. Social engineering is also a collection of
someone can be made into an idol and with the aid of a simple techniques used to manipulate people into performing actions
image manipulation program you can transform yourself into or divulging confidential information. Popular terms for these
this idol's clone in order to increase your acceptance in methods are ‘Pretexting’, ‘Phishing’, ‘Gimmes’ and (almost
cyberworld. These technologies are within reach of the general the same) Trojan Horse [9]. ‘Quid pro Quo’ is also a form of
public and particularly the youngest generation is increasingly identity construct. The attacker acts as the familiar IT-helpdesk
using them to 'position' their actual and/or desired image of assistant and ‘helps’ solve a problem. In the process he obtains
the user type commands that give the attacker access and/or can conclude that an autonomic executing machine is
launch malware. somewhere subject to a kind of control. Designing, building
and managing machines is done (and controlled) by human
IV. IDENTITY GENERATOR beings, even when it is a self developing machine or self
All kinds of online and offline virtual identities of software generating software. Switch off (=controlling) the electricity
agents are generated by a computer. The term ‘computer- and the machine stops.
generated’ is not defined further. However in the case of
Express Newspapers v Liverpool Daily Post & Echo the work V. VALUE AND IMPORTANCE OF VID FOR SOCIETY
under consideration was seen to fall within the scope of being The subjectivity of digital interactive communication in a
computer-generated [10]. The case seems to suggest that ‘a social like environment is constructed by three psychosocial
work is computer-generated when the computer is in sense roots:
acting on its own to produce the actual works; i.e. in this case • networked reality,
an algorithm was used to select each of the five letter • virtual conversation, and
sequences rather than a human making any decision or creative • identity construction.
act in each case. Most relevantly the ruling seems to interpret Within virtual communities you can position your identity in
‘arrangements necessary for the creation of the work’ as the two ways. At first you assign yourself 'attributes'. These
use of a computer program, as opposed to the creation of that attributes have to do with your choice of a name, gender, age
program. So, one can argue that the user is part of the ‘circuit’. and characteristics such as haircut, physical appearance,
If we accept the statement that a computer enabled agent strength, intelligence, and so on. These attributes do not have
with virtual identity can executes autonomous both human and to correspond with those of the person sitting in front of the
machine related actions it is self-evident that the legal aspects computer. Subsequently you start 'writing' to others in that
of these actions are related to both human and machine. In the virtual room and are thus engaged in a continuous process of
concrete the actions generated by a virtual identity always are constructing your identity via social interaction. These virtual
related to an origin, such as a trigger of a software program or a rooms provide a simple opportunity to play with identities (and
key press of a keyboard by a human being. outward appearances) and try them out. The person who can
Virtual identities are generated by the software in a machine create different identities in various rooms does not only
(computer). So, the fundamental question is about the decentralise his own personality, but can also multiply it
autonomic executing machine, about the designer of that infinitely.
machine, and about the human who wrote the software code to After all, at least, there is no limit to the virtual rooms, in
let process that machine. which you can manifest yourself. In this respect electronic
In the industrial century, when machines overwhelmed contact platforms and chat rooms are experimental
people, there was a broad discussion of scientist about the environments in which you can discover who you are and who
consequences of the automation. In 1947, the scientist Norbert you want to be. Research showed that in chat rooms children
Wiener wrote a manuscript on the unifying character of this succeed in manifesting several identities next to and apart from
part of applied mathematics, which is found in the study of each other [12].
Brownian motion and in telecommunication engineering. The key feature of cyberspace is the interaction through
Wiener decided to introduce the neologism cybernetics into his which a new sense of self and control can be constructed. The
scientific theory. In the UK this became the focus for the Ratio result of these new senses of self is a new sense of presence
Club, a small informal dining club of young psychologists, that fills the space with fluid forms of network/community.
physiologists, engineers, and mathematicians who met to The basis of the community of people interacting in a
discuss issues in cybernetics. Wiener points out in 1948 the technological environment is shifting from culture-defining
parallel history of the automaton and the human body as mass media to a proliferation of media as alternative sources
‘automata whether in metal or in flesh’ [11]. He states in his of mediated experience. We must look carefully not only at the
theory that animals (including humans) and machines are social impact but also, and more importantly, at the technology
controlled by: design implications of what actually happens in networked
• message, interaction in virtual communicative environments.
• noise, Riva and Mantovani state that the psychosocial dimension
• coding, of interlocutor individuation has become increasingly
• information amount and important [13]. In communication the ‘sender’ and ‘receiver’ –
• feedback. both of which are abstract, mono-functional entities – have
So, following Wiener’s theory – that was broadly accepted been replaced by interlocutors endowed with thoughts,
by scientists and lead to the cybernetic science – a machine emotions, affects, and a psychosocial identity which expresses
never can be autonomic, because there is always a control, e.g. their positioning within families, groups, organisations and
by message, noise, coding, information amount and feedback. institutions. They also noted the increasing dematerialisation
Just as the cyber Walhalla is dependent on the power cord, we
of interlocutors, or rather, the increasing irrelevance of their victims to real life meetings and abuse. Again, electronic
physical presence. communications may be used to facilitate the planning of
In his book about virtual politics Holmes focused on how terrorist of criminal acts with the use of encryption techniques
virtual realities effectively extend space, time, and the body, facilitating the maintenance of anonymity.
showing how technologies such as the automobile and None of these forms of activities are new and again and
environments such as the movie theatre and the shopping mall again the question arises how well traditional laws apply in the
prefigure cyberspace [14]. He also examines the loss of modern Internet world. Just as nature abhors a vacuum, so it
political identity and agency in cyberspace and identifies a seems that few forms of human society can exist without some
disembodied consumer in anonymous control of a simulated form of regulation. Today we have largely moved on from
reality. The interactive networks and technologies that are said notions of self regulation and an important issue to be
to make possible virtual communities share with broadcasting addressed concerns the extent to which legal provisions in
in general, and television in particular, a reach and potential fields such as data protection and retention provide appropriate
for the same kinds of imperialism of representation. Holmes’ balances between society’s interest in law enforcement and the
conclusion is that a virtual identity enables the rise of both individuals quest for anonymity.
Communities of Broadcast (as a mode of social integration) As Internet based activities become more extensive and
and Communities of Interactivity (as a mode of social pervasive, other legal issues are beginning to arise. In many
participation). virtual environments, such as Second Life, individuals can invest
Giese analysed several Mainland Chinese Bulletin Boards significant amounts of time and, sometimes, real money in
on issues of love, marriage, and sexuality and shows how the developing their virtual personalities and environment. The key
Internet allows its users to discuss, venture, and form opinions issue which will have to be confronted concerns the extent to
[15]. Presenting the case of ‘Jin Yong's Inn’ - a Bulletin Board which property rights might be recognised as existing in the
System (BBS) for aficionados of Chinese martial arts novels – virtual world. In the situation where real money has been paid
his study also shows how virtual groups replicate the process for the acquisition of virtual property it is perhaps not too great
of real or offline groups, where inclusionary and exclusionary a leap to suggest that legal notions such as theft might be
devices are practised, hierarchies formed and collective applicable in the event that third parties take unauthorised
identities evolve out of long-term active participation. possession of the ‘goods’. For some individuals their virtual
persona is at least as important as their real life image (like
VI. FROM PSEUDONYMITY TO CYBER ENTITY identity theft). More difficult is the question whether a virtual
Usually you start your journey into cyberspace as an personality can be the subject of an assault (destruction). In
individual. In front of a computer screen, reading the some respects the latter issues have already been confronted by
characters that transform to words, you confront your participants in virtual world. It seems to be a feature of all new
singularity before building a sense of others in the electronic frontiers that after an initial out of lawlessness, mechanisms
world. There is a double sense of individuality here. Your and principles are derived for regulating conduct.
computer screen acts as a window to your second home and As suggested above, society needs laws almost as much as
you simply connect to cyberspace by logging in by entering oxygen. Systems of self regulation might have a role to play in
your individual online name and secret, personal password. limited circumstances, whilst more formal controls are required
Then you are rewarded with your little home in cyberspace, in an era where the Internet has moved far beyond any
usually consisting of such elements as your email and your list comparison to a members’ club. So, we have to consider
of favourite portals and websites. Nearly everyone spends his methods of law making for cyberspace. One notion which
or her first moment in cyberspace in individualised places. deserves some consideration is that control mechanisms might
When you move from your little home to other virtual be built into the structure or code of the Internet itself to make
spaces this usually involves further moments of self-definition, it difficult if not always impossible for individuals to behave in
for example, in choosing an online name for entering a chat socially unacceptable ways.
room, in choosing a self-description at a profile site, or in
outlining a biography in a dating environment. The experience VII. COMPARE THE PHYSICAL TO THE VIRTUAL
of logging on occurs not only when entering cyberspace. Like Jordan [16] distinguished three key areas in which being an
passing borders and showing your passport it is repeated as we individual in cyberspace allows actions to be taken that are
enter name and password again and again across cyberspace. different from those in offline life can be called identity
The use of virtual identities may frequently be linked with fluidity, renovated hierarchies, and informational space.
the desire to preserve the anonymity of the real person. Whilst These areas are briefly explored below. Identity fluidity is the
anonymity (or pseudonymity) may be sought for legitimate process through which online identities are constructed. It
goals, it may also be pursued for less desirable motives. Much remains true that in all sorts of online forums, an individual's
is written of the dangers to which children may be exposed offline identity cannot be known with any certainty. Some
through adults presenting the persona of younger persons in well-documented cases of ‘Joan’ [17] and ‘Julie’ [18] show the
forums such as Internet chat rooms with the intent of luring schizophrenia as ‘commodity fetish’. However, Jordan argues
it would be a misconception to conclude that identity that presentation. Personal identity is partly shaped by oneself
disappears online. Identities that constrain, define, and and partly by the interaction with others. In face-to-face
categorise us exist online, but these identities are made with contact facts as gender, race, clothes and non-verbal aspects
different resources than are used for offline identity. Broadly play an important role. Ruesch and Bateson point out that in
speaking, online identities are constructed out of two types of communication these aspects determine how others see us [25].
indicators: identifiers and style. Neither of these mandates that Davis discusses in ‘Identity Ambivalence’ several intriguing
someone's offline identity must reappear within their online theories about the social and psychological significance of
identity, although there are many ways in which a repressed fashion in modern culture [26]. What makes clothes fashion;
offline identity may return in the midst of online fantasy. how fashion choices express social status, gender identity,
But which reality are we talking about when we compare the sexuality, and conformity; and how fashion is (or is not)
physical to the virtual? The (general) reality is something that accepted are all discussed. Regardless the ambivalence fashion
according to philosophers (such as Spinoza and Heidegger) is seeks constantly to get those attuned to its symbolic
fundamentally hidden in man, so that the only thing he needs movements to alter their virtual identities [27], to relinquish
to do is to develop insight into himself. Acquiring insight is a one image of self in favour of another, to cause what was until
unique human ability based on the all-encompassing entity of then thought ugly to be seen as beautiful and vice versa.
reality. As a consequence he can work out what reality is and
the more he succeeds the more balanced he becomes. IX. THE EMERGENCE OF MODERN VIRTUAL IDENTITIES
Virtuality is always related to, and interacts with real, actual Online worlds, also called ‘Virtual World’, ‘Synthetic
phenomena. Virtual identity seems to be the switch point in World’ or ‘Multi users virtual environment’ (MUVE), let you
between the physical and virtual realities. create a character, a home, a pet, and a new personality if you
wish. You can take on jobs, be part of a community, and have
VIII. DEVELOPMENT OF THE DIGITAL IDENTITY fun hanging out with others in an online world. Online worlds
An identity is viewed as a set of self-relevant meanings – have a focus on social interaction. ‘Active Worlds’ has over
applied to the self in a social role or in a situation defining 1000 unique worlds to immerse yourself in. Shop, play games,
who one is – held as standards for the identity in question [19]. and hang out with others. Rick’s Café, Pollen World, and
Identity is related to environments and relations, argues Castles World are samples of worlds you can be a part of.
Cameron [20]. People may have varieties of different identities ‘SecondLife’ has a complex social and economic structure.
in different groups – even groups can have an identity [21] –, You can fully customize your home and appearance, and all
however Capurro et al differentiate two kinds of (basic) surplus can be sold. The so-called virtual ‘Linden dollars’ can
identity: metaphysical and ontological [22]. Who you are is be exchanged into real money, and reverse. “Moove” is a 3D
based primarily on a description of your body and some online world. Decorate your home, invite others to come over,
unique registered information about the date and place of your or explore the world by visiting your neighbours. Online
birth, your relations and the home address. This registration worlds are not only a play ground and training wheel for
gives you a formal identity that can be (re)presented by a adolescents, but will soon become training grounds for
unique official document such as a passport. This situation is artificial intelligences.
totally different to the Internet, where everyone connected can People have different identities associated with multiple
acquire as many identities he or she want, e.g. at passport.com, roles in specific or various contexts. These roles are generally
and where everyone’s data can be online collected, matched played out within differing physical or temporal spaces,
and processed – by action groups, companies and governments leaving the choice of how much to reveal about the other
[23]. identity to the individual who inhabits it. Within cyberspace,
But there is more going on between personality and identity. self-presentation is to some extent controlled by the individual.
We can see that the younger generation (< 25 year) builds and However, as Suler [28] notes, aspects of personality which are
maintains relatively confidential online relationships with not consciously presented ‘leak’ due to the intimacy of the
members of their circle of friends, hobby club or soccer medium. Suler [29] also notes that cyberspace is perceived by
society. They read and have chat conversations which shows teenagers as a safe environment to explore issues with their
that tribe and group oriented (community) contacts are a identity and self-perception; however, it is noted both that
replacement for the relationships one used to maintain within there are many areas of the Web which are unsafe and
the family, church, bar or club. Compared by contrast with the unsettling, and that there is a tendency for deviant behaviour to
past the zeitgeist now is more individual driven. manifest itself in cyberspace. The illusion of anonymity which
In his theory about personal identity Goffman states that it affords may encourage this, particularly in adolescents who
personal identity comes into being by social interaction [24]. are exploring identity issues [30].
We socialise with others and in that contact we send out The behavior of intelligent agents (the tasks that they
specific signals that express how we want others to see us. We perform and when and how the tasks are performed) can be
also unwittingly send out signals to others. All these signals modified dynamically, due to learning or influence of other
represent an image who we really are. Other people react to agents - a selling agent that just lost several rounds of sales
would certainly modify its behavior in the next round by Should intelligent agents be granted legal personality? Al-
calling on other agents to help out. It is envisaged, that an Majid [35] states that as long as intelligent agents have no
intelligent agent will e.g. be able to find the best possible deal assets (of ‘real worlds’ economic value), the idea to grant them
for a customer and then to perform the deal autonomously in legal personality would not solve the issue of accountability
the name of the customer. In most situations the customer is and/or liability and therefore is not of benefit. If the issue of
unknown with the dealing menu of the agents but having asset could be solved, intelligent agents could be granted legal
signed the end user agreement in advance the customer is personality. But what when the intelligent agent obtains assets
obliged to the act. WebBots (also called automatic avatars) are by hacking an account or cracking a credit card, and there is
virtual assistants that guide the user through the Internet, no trace to the developer or user of that programme? The issue
similar to software assistants, and, like these, WebBots are of whether their limited autonomy deserves personality is
versatile tools with ‘personality’. Integrated search engines potentially a matter of time as the autonomy, mobility, and
change into characters that interact with users. Bots allow you intelligence of intelligent agents increase. Nonetheless, this
to create an engaging virtual personality that can perform does not mean we have to sit back and wait. Finally, as result
many tasks - from assisting with common computer tasks, to of having to use intelligent agents in digital economy, we must
serving as a virtual assistant that can help you get organised, to pay the price, concludes Al-Majid.
acting as a teacher that can play games or administer tests. A Wettig & Zehendner [36] discussed how the actions of
bot even can be a politician in the 2006 Dutch party campaign, electronic agents in this respect have to be classified under
answering questions about the party manifesto [31]. Whatever German law. They described the distinction of electronic
you do with your bot, the possibilities are endless, even in agents to conventional software programs by different
love, hate and crime. characteristics of the electronic agents. The most important
Thus, agents – build by Artificial Intelligence software – are characteristics of electronic agents are:
not novel, but computer programs that perform legal acts • reactivity: the ability to perceive an environment and
autonomously are uncommon, and they are not yet legally respond to changes that occur with it;
supported [32]. For example, the legal status of contracts • proactivity: the ability to initiate goal-directed behaviour;
closed by intelligent agents is not yet clear developed and autonomy: the ability to operate without the direct
there could be a need to adapt law to commercial transactions intervention of humans or others, and have some kind of
by way of intelligent agents when customary law control over their action and internal state;
(offer+acceptation=agreement) is not adequate. • social ability: the capacity to interact with other software
agents or with human beings through a shared value;
X. LEGAL PERSONALITY OF VIRTUAL IDENTITY • adaptive behaviour: the ability to adjust to the habits,
Identities in virtual worlds such as World of Warcraft are working methods and preferences of a user;
created by a computer programme and seem to act like a legal • mobility: the ability to move around an electronic
person. However, normally they are instruments of human environment [37].
users. This raises the entirely legal question of whether
“contract” entered into by such identities should be legally With the “mobile agents” a new problem appears. While the
enforceable when there is no human being ‘in control’. current legal systematic attributes an action of a computer to
It looks a revolution in traditional legal thinking when the operator, the program of a mobile agent resides not on the
virtual identities should have legal personality. This issue computer system of the agent owner, but on another computer.
emerges when there is a form of autonomity. Looking at This represents a new quality, since the virtualized agent’s
questions such as: ‘Should intelligent agents be granted legal owner usually does not have influence on the foreign computer
personality?’ and ‘What is the legal validity of contracts that system. A manipulation thus would be outside his control. Due
have been closed by intelligent agents?’ it can be argued that to larger independence compared with the computer and the
these agents are not significantly divergent from legal persons spatial distance of the user, the parallel to the material
like a foundation, a partnership or a company [33]. Lastowka representative and thus the acknowledgment of its own legal
and Hunter discussed whether avatars have enforceable legal personality seem thus more obvious with mobile agents. But it
and moral rights [34]. Avatars, the user-controlled entities that showed up, that this is a kind of tightrope walk between a
interact with virtual worlds, are a persistent extension of their technical, legal and philosophical/ethical interpretation of the
human users, and users identify with them so closely that the used terms. The creation of an agent register could be a
human-avatar being can be thought of as a cyborg. If the avatar possibility to eliminate existing ambiguity over the legal status
of an autonomous intelligent agent or an intelligent agent of electronic agents, conclude Wettig & Zehendner.
shaped as an avatar is granted legal personality, should it have A virtual identity is seen as something separate; it is a
specific rights of the creators of personal likenesses? Because fiction, a fantasy, states David [38]. If virtual identities are
of the continuing autonomous use the issue of cyborg rights fictions and fantasies (like David states) and if their fantasy
within virtual worlds, and whether they may have physical world SecondLife is pure fantasy than the legal problems can
world significance, is important too. be dismissed as themselves fantasies (or as best as matters to
be resolved by contract with the internet service provider). But
if not, the legal problems themselves are real and require societal control by passing a law which restricts the
solutions in the physical world. The reality is that the virtual undesirable behaviour is very important. If the law becomes
world depends on the real, physical world. Cyberworld is, and more widely accepted, people begin to reduce misbehaviour
Virtual Worlds are an extension of our physical world. They on the principle that it is `wrong' to do so.
depend on the real world (by electricity and connection) so However, the makers of policy and law are seldom aware of
they are part of the real world. Even with a virtual global the societal structure of `cyberspace', and for this reason there
network, there are physical national or local storage and access is the danger that laws they make will not create the desired
points. The ‘cyber world’ is a human created extension to the ethical model, but will instead create a backlash or
‘real world’ so law should be extended too, like the law revolutionary movement against the society. By observing the
developed around new land in exterritorial waters (building human behaviour in virtual communities and by continuing to
terrain to be raised with a sand-in-water slurry), the satellites take time to develop realistic policies and effective laws, it is
in space that reach us with communication signals, the possible to avoid such a backlash.
possessory action after the moon landing, et cetera. Despite the
ideas of independence (Barlow) and interration (Castronova) XII. CONCLUSION
law will enforce in the cyber environments. Anonymous identity in the cyberworld is – sooner or later –
always legally tangible. Even an autonomic looking virtual
XI. FUTURE THOUGHTS ABOUT VIRTUAL IDENTITY identity (such as the bot in the software) is related to – at least
Usually new technology is regulated by old law (accept e.g. one – human action. But – in legal view – being the
E-commerce, e-signature, etc.). Equally most elements of the perpetrator, supervisor or owner of a computer (-system, -
Internet usage and service content were regulated in some network) is not the same as being accountable, responsible,
form or fashion – prior to the arrival of the Internet. Other culpable, and/or liable. Dependent to the law in force and to
specific regulation (cybercrime, provider responsibility, data the specific situation a proof of evil intent or malice
protection, database) was politically and/or commercial driven. aforethought is necessary to be judged as guilty of something.
Despite the calls by some for the development of Internet- The development of new investigation methods and tactics
specific law, or cyberspace law – similar concept as the Law of should be more multidiscipline oriented and be open for
the Sea – the information technology is changing so rapidly for behavioural lead.
any ‘sui’ generic body of law that developing, implementing Virtual identities, created by a coincident of facts and
and maintaining is a lost race against the 24/7 Internet clock. autonomous executing, can not be ruled. Normally – same as
Despite also the technology feed idea that the Internet robots – they have more benefits than disadvantage. As with
culture is the same for all contributors, there are and will be nature disasters as a result of human interfere (like mud-slide
local and cultural differentiations in compliance with the law. after deforestation) we can’t rule everything after it seems to
The ‘ad hoc’ way of gradual adaptations of the tried and tested be out of control. As Rustad argues: ‘In contrast to a
fundamental legal principles, as we have seen in free speech, traditional crime scene, online intruders or forgers leave few
economics, and in privacy and intellectual property protection, digital footprints. DNA evidence, fingerprints, or other
is likely to be more successful. Andersen argues that mediation information routinely tracked in law enforcement databases are
and arbitration can solve cyber conflicts as it does with high useless for investigating cyber crimes. In addition, computer
technology disputes [39]. A code of conduct for legal records are easier to alter than paper and pencil records.
mediation can be helpful. Electronic robbers and forgers leave fewer clues than white-
Kesan and Shah point out that one of the most significant collar criminals who alter checks or intercept promissory
theoretical advancements in the legal academy is the notes.’ [41]. Life is fun and risk, virtual life too. We accept
recognition that law is not the only method of social regulation that a chess computer is an interesting opponent to train your
[40]. Other methods of social control include social norms and mind in move and countermove, but there could be a moment
architecture. They argue that this has led researchers in a that we are checkmated by the computer generated chess mate.
variety of disciplines to document how the architecture of Virtual worlds and illusory behaviour are of all time. The
information technologies affects our online experiences and significant difference is the used medium, in combination with
activities. The recognition of the role of architecture has led of the free elements of time and location. Upholding the law
policymakers to consider architectural as well as legal needs some adaptation by investigators and judges; however
solutions to societal problems. Architectural solutions utilizing some hands-on experience (and using the power of the
information technologies have been proposed for issues such information technology) will surely help to understand the
as crime, competition, free speech, privacy, protection of case. Many disputes in cases concerning a virtual topic can be
intellectual property, and revitalizing democratic discourse, solved by extrapolation to an equivalent in our regular physical
they say. world. Reason logically, by analogue or a contrario with cases
For centuries ways are examined in which laws can be used in past, and learn from the past that order without law can
to create positive ethical models in individuals and groups. It satisfy too in particular situations.
is well known by policymakers and lawmakers that the form of
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