Extra legal governance in cyberspace : the case of illegal online sexual fiction market in China

Abstract

Online illegal market is a complex context that has undergone a process of platformtization, transforming the entire market into various platforms, wherein the cooperation extends not only between human users but also between platforms (algorithms) and human users. Human users are highly mobile and situated in different habitats, where they may cooperate within or across platforms. Third-party governors may or may not be present in the cooperation. Moreover, the operation of algorithms varies across different roles and platforms, exerting influence on human cooperation, and even dividing people by generating indicators of trustworthiness. To comprehend the intricacies of illegal online markets, this thesis conducts an empirical study on the illegal online sexual fiction market in China. Drawing on empirical data from 29 in-depth interviews with adult participants of various genders, informal interactions, and online observations, this thesis provides valuable insider 2 insights into the illegal online market and its governance. Respondents consider sexual fiction transaction a legitimate way to regain their perceived freedom to satisfy their sexual desires, defying the mainstream norms in China. The anonymous nature of the market allows participants to conceal their true identities and satisfy their sexual desires without concerns of moral costs and legal risks. Nonetheless, anonymity also provokes different market risks: exchange risks and intellectual property rights infringement, hindering the participants’ pursuit of perceived freedom. In this regard, they develop various institutions to evaluate signal of trustworthiness to mitigate these risks so that they can safely exercise their perceived freedom in the illegal online market. This thesis proposes the framework of cyber-extralegal governance to understand the institutions deployed by participants to signal trustworthiness to cooperate. Differentiating from other extra-legal governance frameworks, it highlights the features of time-space distanciation (i.e., mobility of participants) and anonymity, wherein third-party governors may or may not be involved in the cooperation. Trading with or without third-party governors is both scenarios within the market. Therefore, this cyber-extralegal governance framework: (1) integrates different institutions utilized by the market participants in both scenarios and (2) emphasises the intricacy and impacts of all market actors (e.g., sellers, buyers, administrators and algorithms). This framework categorizes institutions into two types: system-based institutions and individual-based institutions. System-based institutions facilitate cooperation between online platforms and users, shedding light on computer-mediated 3

cooperation between human administrators and users, as well as human-algorithm cooperation. On the other hand, individual-based institutions are developed for cooperation between human users, which are further delineated into third-party governance institutions, which are influenced by the platforms (administrators and algorithms) to some extent, and self-governance institutions, which rely on the information and judgment provided by human users.