Technology especially relating to online platforms has evolved rapidly over the last decade or so. It has revolutionised the way individuals and businesses operate their day-to-day functions. From online shopping platforms to life in metaverse – each has its own legal and regulatory challenges. The cybercrimes are no more limited to phishing and hacking; they have become more complicated and complex.
Governments and law enforcement agencies across the world are grappling to come to speed with the innovation in technology –to detect and prevent any violations or breaches of laws not only in real but also in virtual world. A case of rape of a minor girl in metaverse, was recently reported in United Kingdom. This clearly shows the challenges that the platforms and law enforcement agencies will have to face to establish a heinous crime (from real world paradigm) – which has been committed on a virtual avatar in virtual world – without causing physical harm to a person in real world (while causing immense mental trauma). There could be instances when the virtual world avatar of a person is not of the same gender, religion or ethnicity or same jurisdiction, or not of a certain age – it would then be even more complex for law enforcement agencies to handle crimes, if any, committed by such persons or on such persons. A lot can be debated on applicability of existing laws in such scenarios; however, effectiveness of existing laws and regulations will be tested based on how they deal with crimes in technology world.
Businesses are now actively engaging and using technologies like artificial intelligence, augmented and virtual reality among others – which also give rise to issues of liability, insurance, intellectual property, data and privacy, confidentiality, licensing.
Legal professionals are faced with complex and critical queries inter-alia on various aspects of compliances, breaches and violations of information technology laws, privacy and data protection laws, intellectual property laws, criminal and civil procedure codes, liabilities under tort, contractual obligations, employment laws and measures to limit the liability and exposure.
The laws and regulations in India are also undergoing changes with an objective to help individuals, business and law enforcement agencies to handle issues in technology space. This AnantLaw Briefing is an attempt to cover most significant developments in laws and regulations concerning the technology space in 2023.