Metacosmity and Future Justice
2021 is hailed as the first year of the meta-universe, especially the renaming of Facebook, which has attracted the attention of people around the world. The term metaverse has become the hot word of the year in 2021. But in the face of the metaverse, there are both those who are excited and those who are calm. The surging minds believe that the metacosm is another universe that transcends the reality universe, the pinnacle of virtual reality and augmented reality, and the 3D Internet that transcends the 2D Internet, which allows us to "open the door to another world." Time magazine claimed that "the metaverse will change everything". It has even been suggested that "if a central enterprise gains control of the 'metaverse,' they will become more powerful than any government and become gods on earth." ”
But there are also those who are calm about this, believing that the metacosm is not an independent existence parallel to the real world, and is still essentially an "artificial object"; "Using a proprietary virtual network in the blockchain, just to add a little extra immersion, it is impossible for people to stay on the plane of the display"; Due to the cost and threshold involving dimensions such as computing power, algorithms, and content production, the metacosm as a productivity tool lands quickly, and as a parallel world, it lands very slowly; "The metaverse may face huge security risks, and brain-computer interfaces may even lead to attacks on the human brain."
Leaving aside these debates, let's look at a few data about the metacosm. The first is the possible pre-possible (money) scene of the metacosm. First, the number of financings raised by the continental meta-universe from January to June 2022 reached 41, with a financing amount of 5.46 billion yuan, which is almost the sum of the financing in the past decade; second, by the next decade of 2031, the contribution of the metacosm to global GDP can reach 3 trillion US dollars (Analysis Group), and by 2030, the annual global expenditure of enterprises and consumers related to the metacosm may reach 5 trillion US dollars (McKinsey); By 2030, metacosmities can generate up to $13 trillion in revenue per year (Citibank and KPMG); Third, 25% of people in 2026 will be working, shopping, studying, socializing or entertaining in the metaverse for at least 1 hour a day; 30% of the world's organizations will own Metacosstem products and services (Gartner); Fourth, will the GDP of the metacosm eventually surpass the physical world? (Jensen Huang, founder and CEO of Nvidia)
In the face of the above prospects, the government has also taken some countermeasures, such as the United States, in the first half of 2022, the word metacosm appeared more than 1100 times in THE US regulatory documents. In 2021 it was 260 times. In the past 20 years, there has been less than one. In addition, in the mainland, according to incomplete statistics, 12 provincial-level departments have issued relevant policies to clearly support the development of the meta-universe industry, with a total of 22 items; Among them, Shanghai, Shandong, Zhejiang and Heilongjiang have issued 2 or more policies; A total of 14 municipal departments across the country have issued relevant plans or policies, with a total of 23.
Believe it or not, the metaverse is already on its way. Historically, the development of computers and the Internet has gone through three journeys, and anyone who is in one of them may have a hard time imagining what the next one will look like. For example, the 1950s to 1970s were the era of the mainframe computer, and the 1980s and mid-2000s were the era of the personal computer and the Internet. The era we are in now can be said to be the era of mobile Internet and cloud. These three different stages of development can give us some enlightenment, that is, the future development of technology and the development of technology to our lives can be said to be unknowable, uncertain and unpredictable. All in all, anything is possible in the future. Therefore, the coming of the metaverse may be quick, may be slow, but it will always come.
However, whether it is a new universe or a man-made universe, where there is light, there is darkness. Since there is darkness, there is a need for justice to come.
But how is the metacosm coupled with justice? The metaverse is somewhat of a technology, and justice coupled with technology can present digital justice, algorithmic justice, and computational justice. In addition, traditional justice is based on changes in power structures, so traditional justice can be divided into political justice, legal justice, distributive justice, and so on. Therefore, there is a link between technical justice and power justice, or the danger of decoupling.
In the metaverse, the dilemma of justice may have the following characterization. From a macroscopic point of view, the metaverse may appear: First, moral irregularities, such as users of the metacosm may engage in illegal activities, engage in behaviors that the real world does not dare to engage in, and may produce a Protoss effect; Second, economic imbalances, virtual property transactions in the metacosm, platform monopolies and tax collection and management avoidance will affect the economy; Third, social disorder, if there is no governance and coordination of the metaverse community, the order of the metaverse may enter chaos; Fourth, political competition, who controls the large platform of the metaverse or monopolizes the data of the metaverse, who may become the superpower of the metacosm.
From a microscopic point of view, the metaverse may face the following questions, including: First, in terms of human rights, is it necessary to recognize digital people and protect digital human rights? Second, in terms of property rights, is it necessary to confirm digital assets, and how to confirm rights? Third, in terms of intellectual property rights, how to protect copyrights, copyrights, etc.? Fourth, in terms of transactions, how to balance or adapt between global trading rules and localization? Can real-world laws adjust the trading rules of the metacosm? Fifth, in terms of dispute resolution, is it necessary to shape a new type of dispute resolution model?
Behind the dilemma of justice in the metaverse, there are actually three major logical paradoxes: first, the paradox between individual autonomy, free order and the rule of regulation in the metacosm; Second, the paradox between the tendency of a unified system of techniques and rules and the fear of a super Leviathan; Third, the paradox between the pursuit of decentralized governance in the metacosm and the mechanism of centralized governance.
How does the metaverse lead to justice? The first step should be to achieve a shift in regulatory logic. Specifically, first, there is a shift from passive governance to proactive governance. Traditional regulation is mainly arranged in advance through static rules, so a positive legislative view of timeliness and responsiveness should be adopted according to the characteristics of the metacosm. Second, it is necessary to change from a one-size-fits-all regulatory model to a differentiated regulatory model. Typed regulations can be carried out according to the level of risk, for example, the processing of high-risk data involving national security and social security risks should be strictly supervised; Low-risk data involving personal information can be widely regulated; Third, there is a shift from a two-way power-technology approach to a power-technology-ethics fusion. As mentioned earlier, power may be technical, technology may also be empowered, in the face of data monopoly behavior, digital asset theft, data tampering, power (mandatory), technology (industry standards or encryption standards, etc.), ethics should be integrated. Fourth, shift from a formal justice model to a substantive justice penetration model, reduce potential discriminatory intent through automated decision-making, and minimize indirect discrimination.
In addition, for the metaverse to achieve justice, five principles need to be established. First, establish the principle of negative lists. While preventing the conceptualization and bubble of the metaverse, we should actively embrace technological innovation in the new era; Second, establish the principle of legal neutrality. The law must not hinder the development of technology, but should serve as the bottom line for technological development; Third, the principle of combining rule of law, autonomy and co-governance. The metaverse presents a three-dimensional structure of platforms, data and algorithms, so the principle of combining rule of law, autonomy and co-governance should be adopted. The rule of law is the foundation, and scientific and technological development and governance are coordinated; Autonomy is the core, after all, the metacosm is a virtual world; Co-governance is key to preventing the self-interest of autonomy and alleviating the rigidity of the law. Fourth, the green principle. We should learn the lessons of mankind's past and pay attention to the green model of metaversmic infrastructure construction, which itself has the characteristics of strong energy consumption, and should emphasize the green principle. Through government supervision and economic incentives, the meta-universe platform pays attention to environmental protection in product development. Fifth, the principle of light litigation. Reduce the dependence on public authorities such as courts, and encourage the introduction of arbitration institutions and third-party mediation.
The metaverse can be said to be half angels and half devils, and only by leading the metacosm to the path of justice can angels be prevented from degenerating into demons. Only by imposing the right regulatory model and governing principles on it, even if it carries black wings on its back, can it fly to heaven and then land next to you.
Editor-in-charge: Wang Jian, Wang Jieying