XR Association

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Challenges Behind Applying Real-World Laws to XR Spaces and Ensuring User Safety

Immersive technologies bridging the gap between the physical and digital worlds can create new business opportunities. However, it also gives rise to new challenges in regulation and applying real-world laws to XR spaces. According to a World Economic Forum report, we are relatively slow in innovating new legal frameworks for emerging technologies like AR and VR.

Common Challenges of Applying Laws to AR and VR

XR technologies like AR and VR are already considered beneficial and are used in industries like medicine and education. However, XR still harbors risks to human rights, according to an Electronic Frontier Foundation (EFF) article.

Issues like data harvesting and online harassment pose real threats to users, and self-regulation when it comes to data protection and ethical guidelines is insufficient in mitigating such risks. Some common challenges that crop up when applying real-world laws to AR and VR include intellectual property, virtual privacy and security, and product liability.

There’s also the need for a new framework tailored to fit emerging technologies, but legislative attempts at regulation may face several hurdles. It’s also worth noting that while regulation can help keep users safe, it may also potentially hamper the development of such technologies, according to Digikonn co-founder Chirag Prajapati.

Can Real-World Laws Be Applied to XR Spaces?

In an interview with IEEE Spectrum in 2018, Robyn Chatwood, an intellectual property and information technology partner at Dentons Australia, gave an example of an incident that occurred in a VR space where a user experienced sexual assault. Unfortunately, Chatwood remarked that there are no laws saying that sexual assault in VR is the same as in the real world. When asked when she thinks these issues will be addressed, Chatwood remarked that, in several years, another incident could draw more widespread attention to the problems in XR spaces. It’s also possible that, through increased adoption, society will begin to recognize the need to develop regulations for XR spaces.

On a more positive note, the trend toward regulations for XR spaces has been changing recently. For instance, Meta has rolled out a minimum distance between avatars in Horizon Worlds, its VR social media platform. This boundary prevents other avatars from getting into your avatar’s personal space. This system works by halting a user’s forward movement as they get closer to the said boundary.

There are also new laws being drafted to protect users in online spaces. In particular, the UK’s Online Safety Bill, which had its second reading in the House of Commons in April 2022, aims to protect users by ensuring that online platforms have safety measures in place against harmful and illegal content and covers four new criminal offenses.

In the paper, The Law and Ethics of Virtual Assault, author John Danaher proposes a broader definition of virtual sexual assault, which allows for what he calls the different “sub-types of virtual sexual assault.” Danaher also provides suggestions on when virtual acts should be criminalized and how virtual sexual assault can be criminalized. The paper also touches on topics like consent and criminal responsibility for such crimes.

There’s even a short film that brings to light pressing metaverse concerns. Privacy Lost aims to educate policymakers about the potential dangers, such as manipulation, that come with emerging technologies.

While many legal issues in the virtual world are resolved through criminal courts and tort systems, according to Gamma Law’s David B. Hoppe, these approaches lack the necessary nuance and context to resolve such legal disputes. Hoppe remarks that real-world laws may not have the specificity that will allow them to tackle new privacy issues in XR spaces and shares that there is a need for a more nuanced legal strategy and tailored legal documents to help protect users in XR spaces.

Issues with Existing Cyber Laws

The novelty of AR and VR technologies makes it challenging to implement legislation. However, for users to maximize the benefits of such technologies, their needs should be considered by developers, policymakers, and organizations that implement them. While cyber laws are in place, persistent issues still need to be tackled, such as challenges in executing sanctions for offenders and the lack of adequate responses.

The United Nations Office on Drugs and Crime (UNODC) also cites several obstacles to cybercrime investigations, such as user anonymity from technologies, attribution, which determines who or what is responsible for the crime, and traceback, which can be time-consuming. The UNODC also notes that the lack of coordinated national cybercrime laws and international standards for evidence can hamper cybercrime investigations.

Creating Safer XR Spaces for Users

Based on guidelines provided by the World Economic Forum, there are several key considerations that legislators should consider. These include how laws and regulations apply to XR conduct governed by private platforms and how rules can potentially apply when an XR user’s activities have direct, real-world effects.

The XR Association (XRA) has also provided guidelines to help create safe and inclusive immersive spaces. Its conduct policy tips to address abuse include creating tailored policies that align with a business’ product and community and including notifications of possible violations. Moreover, the XRA has been proactive in rolling out measures for the responsible development and adoption of XR. For instance, it has held discussions on user privacy and safety in mixed reality spaces, zeroing in on how developers, policymakers, and organizations can better promote privacy, safety, and inclusion, as well as tackle issues that are unique to XR spaces. It also works with XRA member companies to create guidelines for age-appropriate use of XR technology, helping develop safer virtual spaces for younger users.

Other Key Players in XR Safety

Aside from the XRA, other organizations are also taking steps to create safer XR spaces. X Reality Safety Intelligence (XRSI), formerly known as X Reality Safety Initiative, is one of the world’s leading organizations focused on providing intelligence and advisory services to promote the safety and well-being of ecosystems for emerging technologies.

It has created a number of programs that help tackle critical issues and risks in the metaverse focusing on aspects like diversity and inclusion, trustworthy journalism, and child safety. For instance, the organization has shown support for the Kids PRIVACY Act, a legislation that aims to implement more robust measures to protect younger users online.

XRSI has also published research and shared guidelines to create standards for XR spaces. It has partnered with Standards Australia to create the first-ever Metaverse Standards whitepaper, which serves as a guide for standards in the metaverse to protect users against risks unique to the metaverse. These are categorized as Human Risks, Regulatory Risks, Financial Risks, and Legal Risks, among other metaverse-unique risks.

The whitepaper is a collaborative effort that brings together cybersecurity experts, VR and AR pioneers, strategists, and AI and metaverse specialists. One of its authors, Dr. Catriona Wallace, is the founder of the social enterprise The Responsible Metaverse Alliance. Cybersecurity professional Kavya Pearlman, the founder and CEO of XRSI, is also one of its authors. Pearlman works with various organizations and governments, advising on policymaking and cybersecurity to help keep users safe in emerging technology ecosystems.

One such issue that’s being highlighted by the XRSI is the risks that come with XR data collection in three areas: medical XR and healthcare, learning and education, and employment and work. The report highlights how emerging technologies create new privacy and safety concerns, risks such as the lack of inclusivity, the lack of equality in education, and the lack of experience in using data collected in XR spaces are cropping up.

In light of these issues, the XRSI has created goals and guidelines to help address these risks. Some of the goals include establishing a standards-based workflow to manage XR-collected data and adopting a new approach to classifying such data.

The EU is also taking steps to ensure data protection in emerging technologies, with new EU laws aiming to complement the GDPR’s requirements for XR technologies and services. Moreover, the EU data protection law applies to most XR technologies, particularly for commercial applications. It’s possible that a user’s explicit consent may be required to make data processing operations legitimate.

According to the Information Technology & Innovation Foundation (ITIF), policymakers need to mitigate so-called regulatory uncertainty by making it clear how and when laws apply to AR and VR technologies. The same ITIF report stresses that they need to collaborate with stakeholder communities and industry leaders to create and implement comprehensive guidelines and clear standards for AR and VR use.

However, while creating safer XR spaces is of utmost importance, the ITIF also highlights the risks of over-regulation, which can stifle the development of new technologies. To mitigate this risk, policymakers can instead focus on developing regulations that help promote innovation in the field, such as creating best practices for law enforcement agencies to tackle cybercrime and focusing on funding for user safety research.

Moreover, the ITIF also provides some guidelines regarding privacy concerns from AR in public spaces, as well as what steps leaders and policymakers could take to mitigate the risks and challenges that come with the use of immersive technologies.

The EFF also shares that governments need to execute or update data protection legislation to protect users and their data.

There is still a long way to go when applying real-world laws to XR spaces. However, many organizations, policymakers, and stakeholders are already taking steps to help make such spaces safer for users.

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European Council Publishes Web 4.0 Strategy

The European Commission is already setting out to tackle Web 4.0. There’s quite a bit to unpack here, including the EC approach, the 4-point plan that they recently published, and – of course – what they mean by Web 4.0.

What Is Web 4.0?

It’s not a typo and you’re not asleep at the wheel. While most of us haven’t gotten the hang of Web 3.0 yet, Europe is already setting the table for Web 4.0. Don’t worry, this is just a new terminology for something that’s already on your radar.

“Beyond the currently developing third generation of the internet, Web 3.0, whose main features are openness, decentralization, and user empowerment, the next generation, Web 4.0, will allow an integration between digital and real objects and environments and enhanced interactions between humans and machines,” reads the EC’s report.

So, essentially, “Web 4.0” is the metaverse. But, why not just call it that?

Webs and the Metaverse

The metaverse discussion at least started out as being largely a conversation within the world of immersive technology, with discussions of Web3 largely being topics within the blockchain and crypto spaces. (“Web3” and “Web 3.0” aren’t exactly the same concept, but both largely revolve around decentralization, so they’re more-or-less interchangeable for most levels of discussion.)

As voices from the cryptocurrency and blockchain communities promised that these technologies would be the future of a cross-platform, self-owned online future, Web3 and the metaverse were increasingly mentioned in the same breath with both being apparently convergent visions of the future.

A short-lived explosion of interest in the metaverse was so short-lived largely because – while the pieces are certainly falling into place – one connected metaverse hasn’t fully realized. While there are more-or-less realized metaverse spaces or use cases, the all-encompassing digital layer of reality isn’t here yet. Web3, while struggling with adoption, is largely functional today.

While some may groan at the introduction of yet another idealistic tech concept, “Web 4.0” does offer some clarity at least with regard to what the EC is talking about. First, it respects that the metaverse is still a thing of the (near?) future. Second, it ties in the themes of openness and decentralization that were lacking in many metaverse discussions.

Finally, it ties in “interactions between humans and machines.” While some technologists have long included this aspect in their discussions of the metaverse, recent developments in AI have led to increased interest in this field even since blockchain and the metaverse had their moments in the media over the last few years.

Bracing for Web 4.0

While it’s easy to feel like much of the world is still catching up with the previous generation of the internet, how is Europe planning to get ahead of the next generation of the internet? A lot of it has to do with knowing where current experts are and creating pathways for future builders.

To make that happen, the report outlines four “Key Strategy Pillars”:

  1. Empowering people and reinforcing skills to foster awareness, access to trustworthy information, and building a talent pool of virtual world specialists.
  2. Supporting a European Web 4.0 industrial ecosystem to scale up excellence and address fragmentation.
  3. Supporting local progress and virtual public services to leverage the opportunities virtual worlds can offer.
  4. Shaping global standards for open and interoperable virtual worlds and Web 4.0, ensuring they will not be dominated by a few big players.

One of the reasons that so much of the strategy has to do with ideas like “empowering people” and “leveraging opportunities” might be that much of the document was distilled from an earlier workshop of 150 randomly selected European citizens. The average person is likely feeling left behind Web 2.0 and out of the loop on Web 3.0.

The European Perspective

“Ensuring that [virtual worlds] will not be dominated by a few big players” may not be a uniquely European feeling, but it’s interesting to note. Meta, in particular, has gotten into trouble in EU member countries like Germany for the equivalent of antitrust concerns, which has opened the way for Pico to make headway in European markets free from its US political struggles.

At the most recent Augmented World Expo – just before Apple announced their first XR headset – some speakers even expressed concern that Apple will be able to throw its weight around the industry in a way that not even Meta enjoys.

Apple currently holds so much power that they could say ‘This is the way we’re going to go.’ and the Metaverse Standards Forum could stand up and say ‘No.’,” XRSI founder and CEO Kavya Pearlman said during a panel discussion at this year’s AWE.

Standards are a concern everywhere, but this is another area where the approach is somewhat different across the Atlantic. A number of standards groups have formed in the US, but all of them are independent groups rather than governmental initiatives – though some groups are calling for regulators to step into the space over concerns like privacy.

Thinking Globally About Web 4.0

“Europe is, in many ways, a first mover on metaverse policy, and it is putting forward a positive vision for the future of immersive technology,” the XRA’s VP of Public Policy Joan O’Hara said in an email to ARPost. “We very much appreciate the [European Commission’s] approach to balancing user protection and wellbeing with the desire to support innovation and adoption.”

The headquarters of Web 3.0 and Web 4.0 companies might be in one country or another, but most of them are offering international services. Unless they want to have different (and potentially incompatible) versions of those services available for different countries, it behooves those companies to have services that fit all national standards.

So, in the absence of officially codified US standards for immersive worlds, it is likely that the services offered to American audiences might fit into the shape described by groups like the European Commission. Fortunately, most of the organizations already looking at these problems are also international in nature and work with and between national governments.

“This will serve as a model going forward,” said O’Hara. “The XRA has been actively engaged with both European and British colleagues on these issues, and we believe the US interests are largely aligned with those of our friends across the Atlantic.”

Thinking Ahead

US discussions of Web 3.0 have largely spiraled around the nation’s failure to prepare for or recover from Web 2.0. The fact that Europe is already looking forward to Web 4.0 is definitely something to consider. In emerging tech, looking backward instead of forward is a dangerous strategy.

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Immersive Technology for the American Workforce Act: Legislation That Aims to Provide Equitable Access to XR Tech

The Immersive Technology for the American Workforce Act of 2023 was drafted by Rep. Lisa Blunt Rochester (D-DE) and Rep. Tim Walberg (R-MI) with the support of organizations like the XR Association (XRA), Talespin, Unity, Association for Career and Technical Education, Transfr, and HTC VIVE, among others.

“Emerging technologies, such as XR, can help meet people where they are and expand access to cutting-edge technology and training resources,” remarked XRA CEO Elizabeth Hyman in a press release shared with ARPost. “Rep. Lisa Blunt Rochester’s and Rep. Tim Walberg’s bill recognizes the importance of equitable access to skills training and workforce development programs and the key role immersive technology plays in delivering better outcomes.”

What Is the Immersive Technology for the American Workforce Act of 2023?

One advantage of incorporating immersive technologies for workforce training is that these are cost-effective and safer. They can also provide expanded training to underserved communities, as well as to workers with disabilities.

The Immersive Technology for the American Workforce Act aims to create a five-year program that provides support to various institutions, allowing them to utilize immersive technologies in their educational and training programs.

Furthermore, it aims to promote the development of inclusive technology while prioritizing underserved communities, such as rural areas and areas of substantial unemployment. It seeks to foster partnerships between private and public entities to address skills gaps, meet the needs of the workforce, and assist individuals who are facing barriers to employment.

“We’re excited to be able to work with Rep. Blunt Rochester, a member of Congress who cares deeply about ensuring underserved populations are able to tap into next-generation technology and skills training,” said XRA Senior Vice President of Public Policy Joan O’Hara.

There’s almost a quarter of Americans living in rural communities who are facing unique workforce challenges. Moreover, the US Bureau of Labor Statistics reported that, at the start of 2023, the country had 10.5 million unfilled jobs. The bill seeks to fill these gaps by enabling Americans from underserved communities and various backgrounds to have access to effective and high-quality training programs.

“XR technologies can dramatically change the way America’s workforce is recruited, trained, skilled, and upskilled. Scalable solutions are necessary to meet the diverse needs of today’s undiscovered talent to meet the needs of our complex workforce,” said Transfr CEO Bharanidharan Rajakumar.

How Will the Legislation Impact the Future of Work?

The Immersive Technology for the American Workforce Act follows the footsteps of “recent legislative successes”, such as the Access to Digital Therapeutics Act of 2023, which effectively extends “coverage for prescription digital therapeutics”. It aims to provide support, in the form of grants, to community colleges and career and technical education centers.

The grants will allow them to leverage XR technology for purposes such as workforce development and skills training. Furthermore, Immersive Technology for the American Workforce Act will enable such organizations and facilities to utilize XR technology to enhance their training, which, in turn, can help address the speed with which American companies meet workforce needs.

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XRA Survey: Teachers Pin Hopes on XR for Better Classroom Engagement

Incorporating XR—the umbrella term for virtual, augmented, and mixed reality—in classroom education can make learning more fun. It can also motivate students to take their studies more seriously.  A recent survey by XR Association (XRA) and the International Society for Technology in Education (ISTE) presented this conclusion based on a poll of over 1,400 high school teachers across 50 US states. Let’s look at the survey results.

Optimism High for XR’s Classroom Use

Foremost of the highlights in the nationwide poll was the finding that 77% of educators believe in the power of extended reality to ignite curiosity and engagement in class. This is especially important given that student motivation and morale are reported to have dropped in the 2020-2021 school year.

As Sean Wybrant, a computer science teacher at Colorado Spring’s William J. Palmer High School, put it: “Imagine how much better a student will understand what happens in Othello if they could actually step into the play and see it. Imagine how much better we could tell historical narratives if we could put people in recreations of famous situations based on documentation of those time periods.”

Secondly, XR doesn’t only make students eager to learn. Seventy-seven percent of teachers also see its potential in spurring interaction and building empathy among classmates. XRA says in its report that creating immersive worlds allows students to exchange ideas and understand each other in new ways.

Thirdly, 67% of respondents agree with XRA’s advocacy to incorporate extended reality technology into the curricula. Educators teaching the following subjects believe that course-specific XR experiences would be beneficial for students:

  • Earth sciences (94%)
  • Physics and space science (91%)
  • Math (89%)
  • English language (86%)
  • World languages (87%)
  • History and social studies (90%)
  • Social sciences (91%)
  • Computer science (91%)
  • Visual and performing arts (91%)
  • Physical education (88%)
  • Career and technical education (91%)

“To get a good sense of XR’s potential in schools, you have to ask the teachers and staff who will be administering this technology,” said Stephanie Montgomery, the XRA Vice President of Research and Best Practices. “The survey’s results suggest that VR, AR, and MR technology is well-positioned to become an essential teaching tool in school classrooms across the country.”

At the same time, 58% of the survey respondents said that teachers should get training for XR classroom use. Moreover, 62% believe in developing XR standards before integrating the technologies into regular curricula.

XR Association CEO Elizabeth Hyman believes in the extensive ripple effect that will result from making educators XR-ready. “If teachers understand XR technology and are empowered to contribute to the way in which it is incorporated into the curriculum, everyone—students, their guardians, and the surrounding community—will be able to take advantage of its benefits,” she said.

However, despite the positive outlook, 57% of teachers recognize the costs of using AR and VR devices and admit that access to funds will determine access to such technology. Nevertheless, poll participants believe XR’s benefits will extend beyond the classroom. Seventy-seven percent of teachers said the technology helps equip students with skills they can apply in their chosen careers, especially since, according to forecasts, jobs in extended reality may reach 23 million by 2030.

Myths About XR Classroom Use Debunked

The XRA-ISTE survey dispelled several myths about extended reality’s acceptance in education. One of these misconceptions is that XR is only for gaming. The poll results and teachers’ comments reveal that they are aware of the usefulness of this technology in geography, math, history, and other subjects.

Moreover, the survey response from educators refutes the popular notion that XR technology would not be the “best fit” for the classroom. Seventy-eight percent of respondents believe in the benefits of extended reality technologies in class.

Finally, the belief that XR will distract students from learning only got a 15% vote among the survey participants. The majority support the opportunities that come with extended reality when incorporated into lessons.

Teens Excited About XR 

Earlier last year, XRA also conducted a separate survey that sought teens’ views on current use cases for XR and their expectations for this technology. The results released in May 2022 revealed that 40% of teens have used either AR or VR in school and 50% describe their experience with these technologies as positive. Thirty-eight percent would like to own a headset in the future.

Even though there are potential concerns around immersive technologies, which teens are aware of, they are still excited about using XR in education, in a responsible way. Almost 4 in 5 teens think extended reality can impact lives positively. They believe that XR can improve their lives in the areas of fun (67%), creativity (61%), and learning (48%). Moreover, 52% of respondents expressed interest in taking a college course with extended reality integrated into its curriculum.

Read the Latest Addition to the XRA Developers’ Guide

XRA is proactively advancing XR application in classroom learning. It recently launched a new chapter in its Developers Guide on designing immersive lessons for high schoolers. The fresh chapter discusses current classroom needs, successful use cases, and industry-backed best practices for promoting safe and inclusive classroom learning through extended reality that addresses parent, teacher, and student concerns.

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