Imagine a world where you can experience complete liberation from screen-bound experiences and venture into an extended reality (XR).
You can watch your favourite football games, pursue educational courses or forge new connections to conduct work.
This imagining of XR is the next big wave in computing since the upsurge of remote working.
It may sound far-fetched. But many have indirectly experienced elements of XR, such as augmented reality (AR) filters, in using Instagram, TikTok, Facebook, and other social media platforms.
XR is an emerging umbrella term describing current immersive technologies, namely AR, virtual reality (VR) and mixed reality (MR).
XR blurs the barrier between physical reality, and VR creates an environment where humans could interact with others in a three-dimensional digital sphere.
Another example of interaction in the XR realm involves the use of holograms.
Recently, business titans have been making waves in the world of the metaverse — creating commercial activities in a fully virtual world. The metaverse is far more encompassing than XR.
It has its own composite technologies which include VR platforms, machine learning, blockchain, non-fungible tokens, digital currencies, and sensory movement, such as hand-tracking and eye-tracking, and speech input.
Although in its infancy, the metaverse is set to shape the future, given the strong interests from megacorporations like Meta and Microsoft.
Technology is fast outpacing the development of the law. There is no clear set of laws regulating transactions in XR environments.
A World Economic Forum report noted that there is a need for a study to establish functional boundaries and societal expectations of behaviours in the immersive world.
For AR features to work, applications on mobile gadgets that superimpose digital content over the real-world environment are required.
VR requires the use of headsets that allow users to fully navigate virtual spaces. To deliver these experiences, AR and VR devices and applications gather significant amounts of personal data.
With AR and VR technology, data on the users' biometrics, geolocations, IP addresses, activities, conversations, and transactions in the virtual world can easily be gathered.
There is a concern that the data can be misused by technological companies or third parties.
The downside of AR and VR is the potential to distract users from the 'real-world' environment that poses a liability risk.
For example, the mobile phone game Pokémon Go sends users roaming around cities in search of virtual pets.
If distractions from AR and VR result in injury to users, litigation against the XR technology developers could ensue.
So, if criminal intimidation occurs in a VR realm or there is evidence of bribery, corruption, anti-competitive practices, and money laundering, can these be considered punishable offences?
The legal framework in Malay-sia is inadequate to prosecute XR-related crimes in any jurisdiction.
There needs to be a legal framework that balances between the freedom of tech use and a platform that promotes the digital economy and the need to protect public security.
The subject of ownership, licensing and use of XR technologies concerns intellectual property issues, which must be
considered by enterprises develop-ing and using the technologies.
AR, VR, MR and XR are used in education, healthcare, construction, marketing, and many other industries.
When technologists develop XR-related tech, clear contractual terms must be drafted to prevent disputes.
Often, XR developers are uncertain about the ownership of the technologies they develop, resulting in loss of future financial gain.
Research also notes that intellectual property issues are gradually becoming contentious as major players and start-ups seek to protect their latest innovations from competitors.
It is pertinent for major industry players and policymakers to work harmoniously to address the legal and regulatory issues and develop a comprehensive and technology-neutral regulatory framework that provides space for continuous innovation of AR, VR, MR and XR technologies.
The writer is a senior lecturer who integrates the use of augmented reality, branching automation and design thinking principles in teaching law at Taylor's University
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times