so, finally got a reply, and it was entirely besides the point

I've asked again.
if being verified is mandatory or can be made mandatory at a whim, they need to put on the mtgox site more clearly. Now it is misleading at best.
now it has:
We recommend that all users become verified to ensure the best Mt.Gox experience. Becoming verified is easy, and the application process can be completed in a number of minutes.
and
AML levels:
level 0. No verification needed (Level 0) - All accounts are initially Level 0
Level 0 is designed for basic users, consumers and Bitcoin enthusiasts where 10,000 USD (monthly) is enough for most needs.
I stayed within the usage of level 0.