Emergence Of Metaverse: Is It The End Of Privacy

KEY TAKEAWAYS

• Metaverse refers to a virtual space in which one may communicate with other people and go to places using whatever avatar you like.
• It is the establishment of a virtual universe that connects communities, products, businesses, workspace, entertainment, artists, and anything and everything as in the real world.
• In the metaverse, data protection and privacy are major concerns as they could result in a breach of users' privacy, potential identity theft, and other forms of fraud may occur.

INTRODUCTION

The phrase "metaverse" has been spoken around a lot lately, although it was found in the 1990s and has been in use since then. Before we can comprehend why it has suddenly become a well-known concept, we must first understand what the metaverse is in general. So, Metaverse, to put it in simple terms, is a virtual reality platform that is considered to be an extension of the physical world. It's considered an extension of the physical world because virtual and augmented reality technologies are used here to create more of a parallel universe as that to reality, which means we may be experiencing whatever we read or watch on the internet or in our daily lives as if it were happening in reality itself. To further understand this, consider how things appeared to be at a halt when the pandemic situation occurred in 2020. The lockdown caused multiple issues for people all over the world. Yet, we found a way out by connecting using platforms like zoom, skype, Gmeet, and teams to stay in touch with family, to work with colleagues, and conduct meetings all from home.

As a result, people got accustomed to it and began to call this the new normal, since everything from school to work, entertainment everything could be done online. However, this had certain drawbacks, while people were able to connect and things started to get better as it was before the lockdown, a few things were still unable to happen due to distance and time. Thus, with the emergence of the metaverse, people can now experience a lot more things through virtual-reality-based platforms, which seem to be absent in the digital era.Through the metaverse, one can practically be in any location they desire by selecting the avatar they want to use and getting nothing more than a LIVE experience.

Although the metaverse appears to have several advantages, particularly the ability to project individuals as avatars and let them interact and live as if they were in the actual world, there are a few factors to consider before implementing it in India is a developing country. The important point to note here is that data protection and privacy are huge concerns all around the world, and with the Metaverse introduced, how would the laws be enforced given that it is fully a virtual reality where anything may happen. Thus, this article examines the creation of the metaverse, followed by a discussion of the possible legal issues that may arise as a result of the metaverse in India.

IMPLEMENTATION OF METAVERSE

To begin with, the word Metaverse was coined by science fiction writer Neal Stephenson in 1992, and the concept has since then become popular among video game makers. Therefore, these multiplayer online games have provided a platform for people to meet and converse. To name some, there were games such as Pokémon Go, Fortnite, Minecraft in which users gather and battle using mobile phones that project avatars similar to the physical environment.

Furthermore, in 2014, Facebook acquired Oculus, a startup that made virtual reality headsets, goggles that trick one's mind into believing they are in a digital world. Besides, Zuckerberg back then in 2014 itself had described virtual reality as the next big computing platform, though it was difficult to predict what would happen. He went on to say that the metaverse will enter daily life in ways that games do not, by providing new methods to buy goods and services, communicate with friends and family, and collaborate with co-workers.

In recent years, big corporations such as Meta, Microsoft Corp., and Nvidia Corp. have disclosed their plans to enter the metaverse. According to Microsoft, users of Microsoft's Teams office software will be able to have meetings, talk with coworkers, and collaborate on projects as customizable avatars in digital places. Similarly, Nvidia, a graphics hardware company, is also working on a set of collaboration and simulation tools and Meta has begun public testing of Horizon Workrooms, a workplace collaboration app. Apart from that, what made it more popular and interesting was when Mark Zuckerberg renamed the company's name to Meta and intended to include the metaverse into everything they made.

PRIVACY IN METAVERSE

As a matter of fact, we know that data on the internet, particularly data on social media platforms, have been used for various illegal acts such as cybercrime, defamation, invasion of privacy, incitement of offenses, racist statements, stalking, abuse, hacking, harassment, and so on. Secondly, the other common way for data privacy to be breached is through the browser cookies that we see on particular websites. Here, to briefly say, our data is automatically used by them once through the cookies present on the webpages, and they later display our advertisements based on what we may have viewed on Instagram/ Facebook, done online shopping, or discussed with someone. It is clear from this that technology has disrupted our lives to a large extent, and that there is already a lack of privacy that is yet to be addressed under law. And, on top of that having a metaverse where our entire lives could be lived digitally is a major concern because in the virtual world, everything you choose to focus on, what you look at, zoom into, stop in front of, interact with, is data about your behavior that could be misused.

Not that our data isn't being misused now when we search online, use social media, or connect on multiple platforms, but with the metaverse, all of the data would be collected, and the line between what's real and what's metaverse might just disappear with time. Further, in reality, even with the finest security system in place, a breach of privacy could occur if a company's data is hacked or leaked out. And, people already do all of these things on the internet, and there's no reason they won't continue to do so in the metaverse, as we're putting ourselves into "an extension of the physical world," as stated previously, which would offer more of the personal data being used.

The metaverse will affect every aspect of our life, including entertainment, advertising, and even the economy. For example, at present, we have online shopping facilities through various apps where we get to look at products online and order them but imagine a metaverse in which we can use our avatar to go into a virtual mall, try on clothes offered by real clothing companies, and then purchase the outfits that look best on your avatar without even leaving your house.This seems to be much more interesting and advantageous but there are a lot of privacy issues that take place here and as stated all our data is been collected in the metaverse.

LEGAL ISSUES

We can see that technology companies are conceptualizing to have metaverse platforms and now that we understand metaverse refers to a virtual space in which you may communicate with other people and go to places using whatever avatar you like. There are legal issues, we must understand as we progress toward a more connected world. No doubt the lawmakers have been trying to implement strict laws on data protection but the laws are still not able to keep up with the advancements in technology. Moreover, when it comes to the digital era, laws written years ago, could not be referred to in all instances as there are at times disputes between the parties on ownership of things virtually as well.

To understand, the legal issues that could arise let’s consider a case where a 3D digital car is purchased by an Indian customer from someone in the UK. In the case of Commissioner vs Oracle India Pvt Ltd. (2016), the Supreme Court held that it may be difficult to tax this transaction under the current laws in India because there will be no physical movement of goods. Furthermore, due to no physical movement of goods, the Customs Act contains no mechanism for levying or collecting tax, hence no customs duty would be payable on such transactions.

Another legal issue of the metaverse as already mentioned could be in the field of data protection because as discussed metaverse will make new types of personal data available for the processing which would include facial emotions, gestures, and other forms of behaviors that an avatar might have during metaverse activities. It is to be noted here that there is currently no data protection code in India because the bill is still being considered in the parliament. In India, we only have the Information Technology Act of 2000 and the IT rules that govern data protection and privacy.

Apart from that, it should be highlighted that when it comes to the metaverse, not only should data protection and privacy laws be applied, but also other laws that take into account the concept of metaverse should be revisited. Furthermore, the EU's General Data Protection Regulation (GDPR) and the UK's Data Protection Act may apply to the metaverse, but given the metaverse's unique way of working, the processes governing informed consent around data processing may need to be revisited as well to ensure that users' rights are protected.

CONCLUSION

To sum up, if the data privacy problem is already present in today’s time, then the metaverse being much more advanced in technology leads to various legal issues. The above mentioned are just a handful of the challenges that will arise as a result of the emergence of a metaverse. As metaverse,would develop and more people begin to interact within them, other issues such as Intellectual Property Rights, Data Protection, and any other law for that matter will have to be looked into to amend. Thus, with the emergence of the Metaverse, a question of responsibility arises, and it is critical to revisit existing legal provisions since the topic at hand is not only whether India lacks a Data Protection Code, but also if other laws can match with the creation of the Metaverse. Lastly, to conclude whether the metaverse is a boon or a bane is entirely dependent on the laws of the country.