David Leonhardt of The New York Times penned an interesting essay a few days ago entitled, “Do Video Games Equal Less Crime?” reflecting upon the same FBI crime data I wrote about earlier this week, which showed rapid drops in violent crime last year (on top of years of steady declines). Crimes of all sorts plummeted last year despite the serious economic recession we find ourselves in. Downturns in the economy are typically followed by upticks in crime. Not so this time. Which leads Leonhardt to wonder if perhaps exposure to violent media (especially violent video games) could have played a positive role in tempering criminal activity in some fashion:
Video games can not only provide hours of entertainment. They can also give people — especially young men, who play more than their fair share of video games and commit more than their fair share of crimes — an outlet for frustration that doesn’t involve actual violence. Video games obviously have many unfortunate side effects. They can promote obsessive, antisocial behavior and can make violent situations seem ordinary. But might video games also have an upside? I’m willing to consider the idea.
Go Back to the Greeks
What Leonhardt is suggesting here goes by the name “cathartic effect hypothesis” and debates have raged over it for centuries. Seriously, the fight goes all the way back to the great Greek philosophers Plato and Aristotle. And, as with everything else, Aristotle had it right! Well, at least in my opinion he did, but I am a rabid Aristotealian. While Plato thought the media of his day (poetry, plays & music) had a deleterious impact on culture and humanity, Aristotle took a very different view. Indeed, most historians believe it was Aristotle who first used the term katharsis when discussing the importance of Greek tragedies, which often contained violent overtones and action. He suggested that these tragedies helped the audience, “through pity and fear effecting the proper purgation of these emotions.” (See Part IV of Aristotle’s Poetics,) Aristotle spoke highly of tragedies that used provocative or titillating storytelling to its fullest effect:
I’ve had plenty to sayherebefore about the “monkey see, monkey do” theories bandied about by some researchers and regulatory proponents who believe there is a correlation between exposure to depictions of violence in media (in video games, movies, TV, etc) and real-world acts of aggression or violent crime. I have made three arguments in response to such claims:
(1) Lab studies by psychology professors and students are not representative of real-world behavior/results. Indeed, lab experiments are little more than artificial constructions of reality and of only limited value in gauging the impact of violently-themed media on actual human behavior.
(2) Real-world data trends likely offer us a better indication of the impact of media on human behavior over the long-haul.
(3) Correlation does not necessarily equal causation. Whether we are talking about those artificial lab experiments or the real-world data sets, we must always keep this first principle of statistical analysis in mind. That is particularly the case when it comes to human behavior, which is complex and ever-changing.
Despite turmoil in the economy and high unemployment, crime rates fell significantly across the United States in 2009, according to a report released by the Federal Bureau of Investigation on Monday. Compared with 2008, violent crimes declined by 5.5 percent last year, and property crimes decreased 4.9 percent, according to the F.B.I.’s preliminary annual crime report. There was an overall decline in reported crimes for the third straight year; the last increase was in 2006.
Here are the percentage declines by overall crime category for the past 4 years, and more tables and charts depicting the declines for specific juvenile crimes can be found down below: Continue reading →
The Supreme Court recently announcedthat it will review a California law regulating the sale of violently-themed video games to minors. The case under review is Schwarzenegger v. Entertainment Merchants Association. In it, the Ninth Circuit Court of Appeals struck down a California law which prohibited the sale or rental of “violent video games” to minors. I’m inclined to agree with Julie Hilden when she notes that “it seems very unlikely that the Supreme Court took this case in order to proclaim, as the Ninth Circuit panel did, that minors do indeed have First Amendment rights — rights that extend far enough to reach ‘violent’ video games.” I hope that we’re both wrong and that the Court took the case to instead affirm the free speech rights of game creators and users (and yes, even minors), but the justices could have just left the Ninth Circuit ruling be and that would have been settled.
Anyway, let’s think this through here. What if the Supremes took the Schwarzenegger case to overturn the Ninth Circuit and to uphold the right of state governments to regulate the sale of “violent” video game content, however that’s defined. Let’s consider such a potential holding in light of two other free speech cases handed down over the past few years.
The Supreme Court announcedtoday that it will review a California law regulating the sale of violently-themed video games to minors. The case is Schwarzenegger v. Entertainment Merchants and I have written about it here before. This will be the first major First Amendment case regarding video game speech rights heard by our nation’s highest court. This afternoon, I issued the following press statement about the case and its importance:
“I hope the Supreme Court is taking this case to affirm the free speech rights of game creators and users, and not to overturn ten years of solid, sensible lower court decisions granting video games the same First Amendment protections as books, film, music and other forms of entertainment. Government regulation of game content is unnecessary because parents have been empowered with sophisticated video game parental controls and a highly descriptive ratings system that is widely recognized and easy to use. Lawmakers should focus their efforts on making sure parents are better aware of existing tools and ratings instead of trying to censor game content in such a plainly unconstitutional fashion. Let’s hope the Supreme Court affirms that educational approach and Ninth Circuit’s decision at the same time.”
Several reporters have already asked me if its a bad sign that the Court took the case at all and wondered if this meant that there are 5 votes for overturning the lower court decision. It’s impossible to read the tea leaves on things like this, but I would generally agree that it’s not a good sign. But I just don’t understand how the Supreme Court could uphold a law like this in light of all their recent Internet jurisprudence (CDA, COPA, etc) which held against the government when various “harm to minors” statutes were tested and found to be unconstitutional. If the Supreme Court goes the opposite direction here, it will mean that our “First Amendment jurisprudential Twilight Zone” will become even more confusing and contorted. Let’s hope that’s not the case.
If this robotic girlfriend—unveiled last weekend at the AVN Adult Entertainment Expo and costing $7-9k—actually goes mainstream, I’ll bet it’s only a matter of time before we see some state lawmaker somewhere propose to ban the toys. The FCC well, no doubt, follow suit, by demanding the incorporation of parental control tools into the devices so Junior doesn’t have his way with Ms. Roxxxy (or her soon-to-be-released male counterpart, Rocky) while Mom and Dad are out at NASCAR the opera.
Laugh if you will, but if Moore’s Law holds true, such robots will become smarter, cheaper, and probably sexier as microchips continue to plummet in price and meaningful artificial intelligence becomes marketplace reality. Move over, Roomba, Roxxxy has arrived—and she ain’t no Rosie the Robot Maid from The Jetsons! Telegraph reports that there’s a whole book about this:
In a 2007 book, “Love and Sex with Robots,” British chess player and artificial intelligence expert David Levy argues that robots will become significant sexual partners for humans, answering needs that other people are unable or unwilling to satisfy.
But the most interesting part of the telegraph article is creator Douglas Hines’s motivation:
Inspiration for the sex robot sprang from the September 11, 2001 attacks, he said, where a friend died and he vowed to store his personality forever.
This sounds an awful lot like the plot of Caprica, the new SyFi television series, a prequel set 58 years before the beginning of Battlestar Galactica, the cult phenomenon that even seduced hardened TV-refusenik like me. Continue reading →
This morning the Federal Trade Commission released its report on kids and virtual worlds. You can read the report, entitled Virtual Worlds and Kids: Mapping the Risks,here. (I’ve posted similar thoughts over at Terra Nova, apologies for the cross-post).
What initially strikes me about the report is the distance between how the report’s being billed and what it actually says. The billing of the report—and thus the likely media tagline—is that the “FTC Report Finds Sexually and Violently Explicit Content in Online Virtual Worlds Accessed by Minors.” But a more accurate statement would be “FTC Report Finds Surprisingly Little Sexually and Violently Explicit Content in Online Virtual Worlds Accessed by Minors, Especially Compared to What Minors Can Find on the Internet.”
The Commission found at least one (really? that’s all?) instance of explicitly violent OR sexual content in a significant percentage of the virtual worlds it examined—and that includes user chat, but in general it didn’t find many such instances per world. So to be counted in the study as a virtual world that contains explicit violent or sexual content, the researchers just had to find one instance of chat in which someone said something violent or sexually oriented (which of course includes the scatalogical as well as the sexual). The point is, it appears to me that they went looking for anything and didn’t find much. Far from being seen as an indictment of virtual worlds as dangerous for kids, this seems to me to be quite positive for virtual worlds, especially as compared to the internet at large. I’m relying on the following language from the report:
Despite this seemingly high statistic [the Commission found at least one instance of sexually or violently explicit content in 19 out of 27 worlds], the Commission found very little explicit content in most of the virtual worlds surveyed, when viewed by the actual incidence of such content.
And:
Of [the 14 virtual worlds open to children under 13], the Commission found at least one instance of explicit content on seven of them. Significantly, however, with the exception of one world, Bots, all of the explicit content observed in the child-oriented worlds occurred when the Commission’s researchers visited those worlds as teen or adult registrants, not when visiting the worlds as children under age 13.
I think the study said some interesting things, and there is some strong analysis, but the reception the report will get is, I bet, far removed from what the report actually says.
The Parents Television Council (PTC) released a new report today entitled Women in Peril: A Look at TV’s Disturbing New Storyline Trend. The report argues that “by depicting violence against women with increasing frequency, or as a trivial, even humorous matter, the broadcast networks may ultimately be contributing to a desensitized atmosphere in which people view aggression and violence directed at women as normative, even acceptable,” said PTC President Tim Winter. As evidence the report cites… Nicole Kidman. OK, it cites more than Nicole Kidman, but the 7-page report and accompanying press release does seem to place a lot of stock in the fact that, while being questioning by a House Foreign Affairs subcommittee hearing about violence against women overseas, “Ms. Kidman conceded that Hollywood has probably contributed to violence against women by portraying them as weak sex objects, according to the Associated Press.” I’m not sure what Ms. Kidman was doing testifying before Congress on the matter of violence against women overseas — dare I suggest some congressmen were out for another photo-op with a Hollywood celeb? — but the better question is whether Ms. Kidman’s opinion has any bearing on the question of what relationship, if any, there is between televised violence and real-world violence against women. (Incidentally, if she really feels passionately about all this, is she prepared to go back and recut some of her old scenes in “Dead Calm,” “To Die For,” and “Eyes Wide Shut“?)
But let’s not nitpick about the credentials Ms. Kidman brings to the table or whether it makes any sense for PTC to elevate her opinions to proof of theory when it comes to a supposed connection between depictions of violence against women in film or television and real world acts of violence against women. PTC, however, suggests that’s exactly what is going on today. They allude to a few lab studies which are of the “monkey see, monkey do” variety — where the results of artificial lab experiments are used to claim that watching depictions of violence will turn us all into killing machines, rapists, robbers, or just plain ol’ desensitized thugs.
There’s just one problem with such studies, and the PTC report: Reality. Continue reading →
I’ve been meaning to say something about this new paper by Renee Newman Knake of Michigan State University College of Law, which calls for a new paradigm to analyze, and then likely regulate, video game content. Knake’s paper is entitled, “From Research Conclusions to Real Change: Understanding the First Amendment’s (Non)Response to Negative Effects of Mass Media on Children by Looking to the Example of Violent Video Game Regulations.” In it, she proposes to extend an emerging legal philosophy known as “ecogenerism” to the field of video games and the First Amendment treatment thereof. “Ecogenerism” is largely the creation of Barbara Bennett Woodhouse and the theory argues that we should apply lessons or legal frameworks from the field of environmental law to the area of media and children. “Under an ecogenerist model,” states Knake, “media harm decisions should prioritize concern about the level of ‘toxic’ media which children are exposed over free speech interests.” Simply stated, we should treat “toxic media” like toxic chemicals.
There have been other efforts to get courts to relax the legal scrutiny applied to video game content from “strict” to something more relaxed or intermediate in character. For example, there is the “violence as obscenity” approach proposed by Kevin Saunders, who, like Knake, is also with the Michigan State University College of Law. But whereas Saunders has proposed applying an adjacent legal theory or framework (obscenity law) to legal analysis of the constitutionality of regulation of video game content, Woodhouse and now Knake propose a much broader, and more radical, reformulation of First Amendment law along the lines of entirely different body of jurisprudence — again, environment law and regulation.
Of course, this is nuts. The notion that words or images are as “toxic” as chemicals is preposterous, and yet that is exactly what Knake and Woodhouse want us to accept. We can determine with a great deal of certainly the physiological impact of too much mercury or lead on the development of the human brain or body. Generally speaking, we know what dose would kill or deform. The same cannot possibly be said of media, and the very allusion to toxic materials or chemicals is ludicrous to begin with since words and images have never directly killed anyone. EVER! Continue reading →
The motivation for the paper was simple: I love playing virtual worlds with my daughters, who are avid explorers of the medium. I wouldn’t consider letting them do this without pretty serious parental supervision, so instead I went with them, joining them in their virtual world adventures. Here’s me talking about it: How Parents can Connect with their Children in Virtual Worlds.
As I began to explore in greater depth, however, it became clear that parents’ involvement in virtual worlds is not a given. The trend is toward segregating children and adults into separate virtual worlds. Thus, my paper, which I have posted for your convenience on SSRN here (Virtual Parentalism), works out some of the dangers replacing parents with parentalist regulation in virtual worlds. Continue reading →
I really enjoyed my Second Life appearance on “Government’s Place in Virtual Worlds and Online Communities,” which was hosted by Metanomics. You can watch the entire segment on the Metanomics site. But the folks at Metanomics have also posted 6 clips from the show at YouTube that highlight some of the topics we discussed. Here’s the list of clips and the videos:
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David Leonhardt of The New York Times penned an interesting essay a few days ago entitled, “Do Video Games Equal Less Crime?” reflecting upon the same FBI crime data I wrote about earlier this week, which showed rapid drops in violent crime last year (on top of years of steady declines). Crimes of all sorts plummeted last year despite the serious economic recession we find ourselves in. Downturns in the economy are typically followed by upticks in crime. Not so this time. Which leads Leonhardt to wonder if perhaps exposure to violent media (especially violent video games) could have played a positive role in tempering criminal activity in some fashion:
If this 
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.