Reality Check: How to Protect Human Rights in the 3D Immersive Web by Mariana Olaizola Rosenblat at the NYU Stern Center for Business and Human Rights comments
The “metaverse,” “extended reality” (XR), and “spatial computing” are all terms that describe what is expected to become the next iteration of the Internet: a sprawling collection of online spaces and applications offering digital content to users in three-dimensional, immersive form. Instead of interacting with digital content via two-dimensional images and text on flat screens, consumers will be able to carry out everyday activities—from schooling to work to shopping—in environments that feature 3D computer-rendered objects, places, and people. The advent of XR platforms could be as important as the rise of the Internet in the 1990s in terms of its far-reaching, if uncertain, potential to transform daily life. Some claims about the 3D immersive web—what precisely it will look like, who will own it, how much economic value it will yield, and when it will mature —are largely speculative. But other aspects of the new medium are already discernible and raise urgent policy questions. This report examines two of the most pressing issues related to the mass adoption of immersive technologies: First, there is the potential erosion of privacy, including mental privacy. XR devices and systems require the processing of users’ bodily data and spatial surroundings. When aggregated and analyzed over time, this data can reveal highly sensitive information about individuals, including their physical and mental states—information that could be exploited for commercial or political gain. The second issue is the proliferation of harmful behavior in virtual environments, including sexual harassment and abuse of children. Experiences in virtual reality often are perceived by users as real and can result in deep and lasting psychological harm. Yet the tools and systems to ensure safety in XR are underdeveloped. The report also briefly considers other potential hazards exacerbated by 3D immersive platforms. It concludes with pragmatic recommendations for the industry and policymakers to act proactively to protect human rights in the 3D immersive web.
The document offers recommendations, in capsule form, for how to manage the risks related to immersive technologies:
Protect user body-based data by erasing it. Given the sensitivity of body-based data collected and processed by XR systems, companies should commit to erasing all raw and derived bodily data as soon as it is no longer needed for device functionality.
Provide various options for users to control their exposure to risk. XR platforms should offer users various options to limit the type of data collected and processed by their devices and systems. They should also provide a variety of safety tools and settings for users to control their experience.
Incorporate privacy, safety, and security best practices. Companies should adopt known best practices on privacy, safety by design, and cybersecurity before launching their products.
Invest in the development of 3D classifiers. The real-time, ephemeral nature of interactions in XR makes it crucial for platforms to detect high-risk behavior, such as efforts at child exploitation and extremist recruitment, before it results in serious harm. Doing so at scale requires companies to invest in automated systems with 3D classifiers that can carry out proactive moderation in immersive virtual environments.
Provide clear and accurate information to the public. To earn the public’s trust, XR platforms should provide clear, comprehensive, and accessible information to users about critical aspects of the technology that might affect their privacy, safety, and security.
Include people with diverse abilities and lived experiences. To avoid exacerbating digital divides and inequality, companies should include individuals of diverse abilities and backgrounds in their product design, development, and deployment teams.
Pass comprehensive federal privacy legislation. Congress should pass a comprehensive privacy law that, in addition to safeguarding other aspects of consumer privacy, restricts the use of body-based data for profiling users and strengthens the concept of user consent.
Strengthen federal authority and capacity to oversee digital industries. Congress should reinforce the Federal Trade Commission’s mandate to protect consumers against unfair and deceptive practices by technology companies, including XR platforms. Alternatively, Congress should create a new, specialized federal body tasked with this mandate.
Invest in research. The government should empower federal agencies to investigate the health consequences and environmental impact of XR immersive technologies.
