The gist of it: the Europeans are probably way ahead of the US and other countries in trying to come up with a comprehensive set of guidelines about behavior in the metaverse. However, it may that there is not enough specificity regarding the collection of data. Considering how invasive AR/VR/XR technologies can be, a literal invasion of everyone’s private space if you will, it’s going to be interesting to see how Apple addresses the issue with its headset. Mainly because Apple has convinced a lot of its user base that it is a better advocate for personal data protection than its tech rivals. The question of personal data protection should be on the mind of all developers in AR/VR/XR regardless of what any other company is doing.
EFF Gives the EU Advice
The Electronic Frontier Foundation (EFF), along with Access Now and the European Center for Not-for-Profit Law, have issued a joint statement in response to the European Commission’s consultation on the metaverse. In its statement, the EFF highlights both the positive and negative impacts of extended reality (XR) technologies, including virtual and augmented reality (VR and AR). It acknowledges the potential benefits of XR in areas such as medicine, science, education, artistic expression, and social movements. However, it also express concerns about the risks these technologies pose to human rights.
One of the primary concerns raised by the EFF is the potential for invasive data collection and surveillance through XR devices. They caution against the extensive collection of sensitive data by VR headsets, AR glasses, and other wearables, particularly when done by companies with a history of prioritizing profit over user protections. The EFF warns that this data collection sets the stage for unprecedented invasions into individuals’ lives, homes, and even thoughts, as it can be used for targeted advertising and potentially harmful inferences about users’ desires and inclinations.
The statement further highlights the risks to privacy posed by XR technologies. The vast amounts of data collected by these devices, including information about users’ homes and private spaces, could grant disproportionate access to governments, companies, and law enforcement, exacerbating existing privacy intrusions. There is also concern that XR could be used to profile users in ways that are discriminatory, placing activists, human rights defenders, journalists, and other vulnerable groups at risk.
Additionally, the EFF points out that governments and international organizations often advocate for the use of XR technologies in the name of combating crime or ensuring national security. However, they argue that these initiatives often lack sufficient human rights protections and fail to consider the potential negative consequences for individuals’ rights.
The statement calls for a shift towards placing human rights standards at the forefront of XR developments. The EFF emphasizes the need to enforce existing data protection regulations and ensure that data generated and collected by XR systems is subject to strong protections. They also stress the importance of protecting individuals against harmful and invasive inferences made about their thoughts, emotions, and private mental life.
Furthermore, the EFF urges transparency in data processing and the disclosure of the inferences made about users, as well as the prevention of monopolies over XR infrastructure and hardware. They highlight the importance of upholding freedom of expression, journalistic freedoms, the right to repair XR devices, and the involvement of external stakeholders, including civil society, in shaping policy and regulatory measures.
