In the early days of the web, the phrase “No one knows you are a dog on the Internet” became popular, as members of virtual worlds hid behind virtual masks. Today, the advent of web 2.0 and the emergence of social media have led to many of us revealing personal information about ourselves online to millions of strangers that most of us would baulk at sharing in a face-to-face meeting even with a close friend or relative. Indeed, in recent weeks we have seen cybersex and divorce in virtuality hit the headlines.

Now, writing in the International Journal of Intellectual Property Management, Angela Adrian, a lecturer in law, at the University of Bournemouth, explains that the net effect of this change is that for many people their virtual identities are becoming indistinguishable from their real-life identities. She draws parallels with the blurring of the lines between online shopping and trade, e-commerce, and traditional commerce.

One important aspect of virtual identity that remains indistinct, however, is the so-called avatar. By definition, an avatar is “a graphical representation of a person” and comes from the world of Hindu mythology in which a deity becomes incarnate in a human or animal form. Usually, an avatar represents a person in a chat room, in a virtual environment, such as Second Life, or another area of online activity, such as a forum or blog.

Ordinary people, who are bored and frustrated by regular e-commerce, participate vigorously and passionately in avatar-based online markets. Hence, e-commerce has evolved into the compelling story about individuals and businesses recreating themselves and extending their identities into cyberspace.

Avatars have become something that is valuable and persistent. As such, perhaps there is a need to associate rights and duties with it, says Adrian. But, what will those rights be? And how might these be spliced into real-world law. If one makes the assumption that identity is not merely a set of facts: name, rank, and serial number…location, employment, position, age, or gender, then the identity of one’s Avatar must be considered to be more than a few kilobytes of computer data. Indeed, it has been said that Avatars are cyborgs (some would say zombies), that are more than a representation, and instead a manifestation of the Self in the virtual world.

In the real world we lack control to some degree over who we are perceived to be, our identity is not entirely within our control. Similarly, while you may choose what virtual shoes to wear online, that cyborg avatar, is equally as under external influence and the environment as one’s real-world identity.

This concern about avatars and identity may seem arcane and limited to those who use virtual worlds such as Second Life, but the concept of your own personal avatar is spilling out into the wider web. Linden Lab, creators of Second Life, for example, is working towards a 3D web where one’s avatar identity will be free to roam the internet. But, then they would say that…

Adrian believes that our control, or lack thereof, over online avatar identities is beginning to have consequences in the real-world. This is particularly true, given that many avatars may embed credit records, buddy lists, job records, personal references and other information regarding reputation, medical history, academic qualifications etc.

The problems that emerge as virtual worlds evolve and mature are nothing to do with the fact that human beings are interacting via avatars in virtual reality, says Adrian, but everything to do with the fact that fundamentally they are human beings, interacting. That old internet axiom about anonymous dogs has become irrelevant. These days it is not that online no one knows you’re a dog, but that these days they want to know what breed you are and what time is walkies.

Angela Adrian (2008). Avatars: a right to privacy or a right to publicity? Int. J. Intellectual Property Management, 2 (3), 253-260