MINNEAPOLIS — As life in the metaverse becomes more complex, crime has begun to surface. That has led many to question if a virtual crime can be prosecuted in the physical world.
Women are coming forward with claims of unwelcome behavior towards their avatar such as stalking, assault and harassment.
Even though it’s a virtual experience, uninvited conduct can cause psychological trauma. For many it’s not as easy as ripping the headset off to escape a situation, that may just be the start of a coping process.
Since avatars are essentially anonymous, there’s a real question as to whether a crime committed in a virtual world can have any consequence in the physical world.
Attorney and cybersecurity expert Leeza Garber says in the United States many laws related to internet crimes are very patchy.
“Then another tricky issue to solve is where is this crime taking place, and that’s one of the problems with internet law, is jurisdiction,” she said.
Another consideration is evidence to substantiate a claim. Unless your VR platform constantly records, there won’t be a record of other avatars activity. “It might come down to a 'he said, she said' scenario, which is also why some of these cases are so problematic,” Garber said.
Right now, there is no independent party like a "metaverse police" patrolling various worlds. Platforms are installing safety measures like muting or blocking avatars, being able to transport yourself to a safe zone and having avatars default to keep a minimum of four feet of space between them.
But for now, if you’re seeking justice in the physical world for a wrong committed in the metaverse, you’ll have to set precedent. Garber says to date, no case has made it to court.
“This is the issue when there’s ever any technological development" said Garber. "The law just isn’t there yet and if you look at the laws that exist now, many affecting cyber, social media - they’re over 30 years old.”
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