In the field of legal landscape, with the proliferation of all the technological innovations, a new facet of virtual reality has emerged giving rise to legal complexities abound. Though a new terrain, it has become a thriving reality of our mundane life impacting sectors from gaming to education and entertainment to health. Eventually, merging both the worlds of real and virtual realms into one.
This paper delves into unveiling the brimming complexities in the legal field resulting from virtual reality, further highlighting the need for comprehensive thinking to address the issues such as intellectual property rights, privacy concerns, mental and physical health, impact on employment and digital crimes. By exploring the legal hurdles, the paper attempts to ensure protection to individuals’ fundamental rights and foster responsible technological innovations.
KEYWORDS
virtual reality [VR], legal challenges, digital realm, law & technology, cyber crimes, privacy
INTRODUCTION
It is no news that technology has outpaced societal guard rails such as laws and ethics throughout the history, making virtual reality no exception. Though has emerged as a cutting-edge sword in the world of technology that is transforming various aspects of modern society, it has also given rise to a host of legal hurdles that demand exploration.
From navigating the nuances of protecting intellectual property rights in virtual creations to tackling the intricate web of privacy concerns that arise in immersive digital environments, and grappling with the complexities of liability within these virtual realms, the legal geography in virtual reality is a multifaceted terrain. It is a rich tapestry of challenges that demands exploration.
This research paper roots at dissecting the profound impact of virtual reality on the legal field, shedding light on the intricate interplay between technology and the law, and delving into the regulatory frameworks and ethical considerations that underpin this dynamic intersection. By examining case studies, existing laws and forecasting future developments, the paper aims to pave the way for informed discourse and policy formulation in this emerging field.
RESEARCH METHODOLOGY
This paper is based on doctrinal method of study and is of descriptive nature. The research is based on secondary sources of information for an extensive understanding of virtual realm and its impacting challenges in the legal field. The secondary sources of information such as academic and professional journals, articles, web-based resources, books and AI technology are used in the research paper for the profound analysis of the topic.
REVIEW OF LITERATURE
Scholar Kevin Werbach points out that the initial response to the internet was to treat the virtual as a separate space from the real, but that was a mistake. The virtual and the real inevitably bleed over into each other. [1]
‘Law, Virtual Reality and Augmented Reality, authored by Mark A. Lemley & Eugene Volokh’ – is an article that speculate how law might treat street crimes in virtual reality, how law might handle lawsuits against virtual reality operators, how law might treat users’ alteration of other users’ avatars, and how privacy invasion by virtual reality system might be dealt. [2]
‘Virtual Reality: Exploring Boundaries and Limitless Possibilities, authored by Ashita Sahay and Kiran Patel’ – is an article determining the positive and negative aspects of virtual reality in our day-to-day life, eventually leading to legal complexities. [3]
Thus, the research paper aims at expanding the concept of virtual reality and its leading impacts in jurisprudence. It attempts to emphasis the importance of new dynamics of laws to deal with digital crimes which are proliferating with profound innovations in the immersive technology.
CHALLENGES OF VIRTUAL REALITY
Virtual reality technologies have turned out to be game changers for the modern society, inspiring new opportunities. However, great opportunities come with great challenges. One such challenge being lack of dynamic legal and regulatory frameworks behind advancements in technology. Some potential issues are:
- Intellectual Property Rights [IPR]: In recent years IPR infringement cases are on inrush in the judicial system globally due to virtual reality which includes IoT [Internet of Things], NFTs [Non- Fungible Tokens] that enables virtual human interactions.
Case: Hermès v. Rothschild garnered attention for its court ruling on trademark infringement of NFTs. The court convicted defendant for trademark infringement and dilution, and cyber-squatting of the IPR. Notably, India has yet to decide any such rulings on IPR infringement concerning virtual reality. [4]
- Privacy and security: The upsurge of VR brings forth major concerns regarding privacy breaches and data security over the world. The invasive nature of VR includes collecting highly personal data such as location, biometrics, voice prints, etc., which can be shared with any third party.
There are certain laws like Section 43A of the Information Technology Act, 2000 (IT Act) read with (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (‘SPDI Rules’) which addresses these emerging concerns by making parties compensate for negligence in implementing and maintaining reasonable security practices and procedures while handling sensitive personal data. Also, the enactment of the much-awaited Digital Personal Data Privacy Bill, of 2023, is anticipated to further tackle issues of data protection and privacy.
However, a vital question arises: “in cases of crimes committed in virtual environments will the culprit be held accountable in the physical world or the virtual world?” Furthermore, will the right to privacy survive where a deceased can be revived in a virtual world?
Case: Ruba Ahmed & Ors v. Hansal Mehta & Ors., the Delhi High Court explicitly held that, “Right to Privacy is essentially is a right in personam and is not inheritable by the mothers or legal heirs of the deceased persons”. [5]
- Liability and Safety Issues: Participating in virtual reality activities without proper supervision can lead to physical injuries. Furthermore, virtual reality experiences can elicit strong emotional responses, raising concerns about the responsibility of content creators and platform providers for any resulting psychological distress or trauma experienced by users.
Case: Niantic and Pokémon GO, 2016, raised legal concerns related to trespassing and personal injuries. The case observed that players engrossed in the game’s virtual world, trespassed private property without permission or engaged themselves into risky activities, leading to accidents and property damage. [6]
- Ethical consideration: Virtual reality experiences can involve violent, explicit, or otherwise controversial content. It can also be defenceless against misuse, including harassment, cyber-bullying, and the creation of objectinable content.
Virtual reality experiences involve representations of real-world cultures, historical events, or sacred sites which may raise cultural sensitivity concerns. [7]
SUGGESTIONS
In terms of progress in the field of technology law, the European Commission in April 2021 proposed an EU regulatory framework for AI. Yet, there isn’t any official Virtual Reality Regulation Act across the world. This is mainly due to existing laws are often being drafted to be technology-agnostic and principal based, making them applicable to all general relevant technology. Nevertheless, there are instances where existing laws can be pragmatically applied in virtual reality:
- Globally as of now there is no such virtual person introduced in law. Therefore, an avatar can probably be considered a natural person under existing legal frameworks rather than a juristic person.
- As traditional contracts, virtual contracts can be made in virtual realm with equal legal force. However, the determining jurisdiction may pose difficulties.
- Virtual signatures can be recognized as a form of electronic signature with equal legal validity.
- Countries shall update the laws to accommodate virtual evidence.
- Virtual reality platforms shall be used to facilitate board meetings for company governance. [8]
Also, with the Digital Personal Protection Act coming up, every company that collects customer data is being made accountable as they will now have to appoint ‘consent managers’ who can take legal action on behalf of consumers if data is being used without consent.
CONCLUSION
Virtual Reality has surpassed its once futuristic status allegedly confined to the realms of science fiction by becoming a tangible reality. But with this new found status arises a pressing question: how should the legal system across the world address crimes committed in the virtual realm?
Exploring these legal challenges, therefore, underscores the need for not just technological understanding but also for a forward-looking perspective from legal minds to establish a new practice area in jurisprudence to navigate the dynamic intricacies introduced by virtual reality.
The future of law and virtual reality holds both promise and challenges. As the field expands, legal professionals have an opportunity to play a vital role in shaping the future of law and ensuring the responsible development and use of virtual reality.
[1] Kevin Werbach, The Song Remains the Same: What Cyberlaw Might Teach the Next Internet Economy, 69 FLA. L. REV. 887, 906-07 (2017).
[2] Mark A. Lemley & Eugene Volokh, Law, Virtual Reality and Augmented Reality, Vol.166 UPenn Law Review 1051, (2018), https://scholarship.law.upenn.edu.
[3] Ashita Sahay and Kiran Patel, Virtual Reality: Exploring Boundaries and Limitless Possibilities, Bar and Bench, (13th March 2024), www.barandbench.com. [hereinafter B&B]
[4] Id.
[5] Id.
[6] Emerging Legal Issues in Virtual Reality: Exploring the Intersection of Law and Immersive Technology, LawCrossing, (14th March 2024), www.lawcrossing.com.
[7] Id.
[8] B&B, supra note 5.
NAME: SHILPI SINHA
COLLEGE: LC-2, FACULTY OF LAW, UNIVERSITY OF DELHI