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Problems with VR & Meta?

The Dangers of the Metaverse

Video Game Law

By Cailean & Charis

Intro

Trigger Warning

The subject matter of our presenation concerns sexual violence and related topics. It will include brief discussions of instances of virtual sexual assault.

What are we talking about?

  • Virtual Reality (VR) - What is it?
  • Simulated and interactive 3D worlds which attempts to mimic reality
  • An immersive game play method

  • MetaVerse - What is it?
  • Very Broad - a virtual reality world that you can enter and exit - but the world continues to operate when you aren't there unlike video games
  • Example: Horizon Worlds

The Problem

  • Sexual Assault exists in video games and is not a new concept

  • VR and supporting technology [haptics] continues to become more advanced and more available (ie. the Quest Pro)

  • As VR and interactive worlds such as the MetaVerse become more real and more common place - virtual sexual assault will likely also become more real and more common place

  • How can we deal with this?

Issue

Legal Issue

Is criminal law capable of dealing with sexual assault in a virtual reality world?

Major Issues:

  • the actus reus of the offence
  • causation
  • anonymity

Source:https://www.suls.org.au/citations-blog/2020/9/25/a-new-virtual-reality-for-the-courtroom

Examples

First Virtual "Rape"

LambdaMoo

1993

The "LabmdaMoo" Rape

  • One of the earliest doucmented virtal rapes

  • Occurred in a text-based game with no animation or virtual reality elements

  • Despite the event being purely textual - it still caused traumatic effects to the victim(s)

LambdaMoo Gameplay

Second Life

  • Similar circumstances as the LamdaMoo incident

  • Major difference is this involved a visual meidium

  • Investigated by Belgium authorities, but appears no charges laid

Second Life

2003

Second Life Gameplay

Horizon Worlds

Horizon Worlds

2021

  • Way more realistic

  • Involves the use of VR headsets and visuals

  • Real time commentary from the offenders

Warning - Viewer Discretion Is Advised

This next video depicts what is the alledged sexual assault that occurred in Horizon Worlds.

Effects & Technology

VR and the Brain

Studies demonstrate the significant impacts that events occurring in VR platforms can have on victims...

  • physiological and cognitive responses
  • "embodiment"
  • therapy

These effects will undoubtedly worsen as technology improves and VR become even more immersive

Haptics

What are they?

  • The ability to feel physical responses [i.e. touch of other players]

  • Haptics provide a fuller immersion to VR Players as utilizes another sense - no longer just sight with some sound - now has physical element to it

Haptic Suits are being developed and becoming increasingly available

Teledildonics and the Future of Sex

  • Sex and the Porn industry have begun to capitalize on virtual reality

  • Teledildonics use a variety of instruments to allow for sexual encounters to happen at distance and in synchonicity with a partner

  • Will this spill over into games such as Horizon Worlds?
  • Possibility about exceeding of consent here.

Law

CCC: Sexual Assault

  • Actus Reus [R v. D.W.R., 2013 SKQB 368]

  • (1) touching;
  • (2) the sexual nature of the contact; and
  • (3) the absence of consent
  • Mens Rea [R v. D.W.R., 2013 SKQB 368]

  • (1) intentionally touching with knowledge* of there being a lack of consent

Issues with Existing Law

The issue really is "touching"

  • Because it is sexual assault - it necessitates an assault happens

  • An assault requires the intentional application of force to another person [R v. Ewanchuk]

  • However - the purpose of sexual assault laws is to help protect sexual autonomy [R v. Hutchison]
  • "Society is committed to protecting the personal integrity, both physical and psychological, of every individual" - [R v. Ewanchuk]

Other Areas of Law

Bill C-13: Protecting Canadians from Online Crime Act

  • Criminal Harrassment is effectually extended to cyber-bullying
  • Number of provisions added to the Criminal Code with respect to distribution of sexual explicit images

Sexual Battery

  • In BC and Canada we don't necessarily have a sexual battery tort
  • Rather it appears to be a battery tort - and if the tort has a sexual element it may result in the provision of aggravated and/or punitive damages

Digital Services Act

  • Legislation that addresses illegal and harmful content and requires tech companies to monitor and rapidly take down any hate or face a fine of up to 6% of the company’s global revenue

Solution

What has been done to address this issue?

Some solutions that have been introduced..

  • Meta's 'safe zones'
  • Interpol
  • Simply taking off the VR headset?

Legislative Ideas

  • Criminal Code section specific to offences committed in virtual reality worlds
  • Expanding upon Bill C-13
  • Creation of an organization which regulates offences that occur in virtual worlds

Barriers

Tracking down and prosecuting suspected offenders who might be anywhere in the world and can hide behind an anonymous screen name...

Determining what bodily movements in VR are sexual, given that sexualised violence is highly complex, fluid, context-dependent, and cannot be neatly defined.

Summary

  • Sexual assault in the Metaverse can have serious effects on victims
  • The law provides little to no safeguards or mechanisms to prevent and deal with VR related sexual assault
  • The law must be extended to include VR related sex assaults

THANK YOU!

WE WOULD LOVE TO HEAR YOUR THOUGHTS ON THE TOPIC AND WHAT POTENTIAL SOLUTIONS YOU THINK SHOULD BE IMPLEMENTED (IF AT ALL). FEEL FREE TO LEAVE A COMMENT ON OUR BLOG POST!

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