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Challenges and opportunities for legal advice on crimes committed within the metaverse

The metaverse, an ever-expanding virtual environment, is transforming the way we interact, work and socialise. This digital universe has created new opportunities for business, entertainment and social relationships. However, along with its growth, new legal challenges have arisen, especially with regard to crimes committed within this environment. Lawyers, in their role as legal advisors, must be prepared to deal with the legal complexities that these crimes present.

Among the most recurring problems that have emerged in the metaverse are identity theft, virtual stalking and other crimes that, while occurring in a virtual space, have real-world implications. This article explores how lawyers and law firms can adapt their strategies to provide effective legal advice in these cases, and what considerations they should take into account when approaching this relatively new terrain.

Crimes in the metaverse: a new legal front

Although the metaverse is a virtual environment, interactions in this space can have tangible consequences. In many cases, crimes committed in the metaverse resemble crimes that already exist in the physical world, but with certain particularities.

Identity theft: In the metaverse, users can create avatars and use virtual identities to interact with others. However, as in the physical world, there is the possibility of a third party misappropriating someone else's identity. This identity theft can range from profile theft to the appropriation of virtual assets, such as cryptocurrencies or non-fungible tokens (NFTs), which have real value. The challenge for lawyers is to interpret current laws and apply them to these situations, many of which are not yet clearly defined in law.

Virtual harassment: The metaverse has also led to an increase in online harassment, including threats, bullying and abusive behaviour directed at other users. Although these actions occur in a digital space, victims can experience real psychological and emotional consequences. Lawyers should assess how current harassment laws, both civil and criminal, apply to these digital environments and whether existing legislation needs to be updated to address new types of interactions.

Fraud and scams in virtual environments: As on the internet, fraud and scams are common in the metaverse. These crimes can involve anything from the sale of virtual goods that do not exist to fraudulent investments in cryptocurrencies or other digital assets. For law firms, these cases involve the need for an advanced understanding of both the technological environment and the law applicable to virtual assets.

Legal challenges in advising

The metaverse represents a new challenge for law firms seeking to provide appropriate legal advice. The following are some of the main obstacles faced by legal practitioners:

Lack of specific regulation: one of the biggest difficulties for lawyers is that, in many countries, there are no specific regulations covering offences committed within the metaverse. Often, the laws that are applied are interpretations of existing regulations, which creates a legal vacuum. Lawyers must be prepared to work in grey areas and, in some cases, advocate for the development of new regulations to address these gaps.

Jurisdiction: A particular problem in virtual crime is the question of jurisdiction. Since the metaverse transcends borders, what laws apply when a crime is committed? Lawyers should bear in mind that even if the crime was committed in a virtual space, the parties involved may be in different physical locations, which can complicate the litigation process and the application of sanctions.

Digital evidence: Gathering evidence in the metaverse presents its own challenges. Lawyers must be familiar with obtaining and validating digital evidence, including messages, transactions and behaviours recorded on these platforms. In addition, it is critical that this evidence be presented in a manner that meets the procedural requirements to be admissible in court.

Strategies for advising on crimes in the metaverse

In order for law firms to provide effective advice to their clients in metaverse-related cases, it is crucial to adopt an interdisciplinary approach that combines legal, technological and business expertise.

Training in emerging technologies: lawyers need to keep up to date with the technological innovations that are emerging in the metaverse, from cryptocurrencies to NFTs and the virtual platforms on which they operate. This will not only help them better understand the crimes committed, but also help them anticipate legal issues that may arise in the future.

Collaboration with technology experts: Given that many of these crimes involve advanced technologies, it is useful for lawyers to work closely with cybersecurity experts, programmers and other professionals who can help interpret the technical aspects of the cases and strengthen the legal argument.

Developing internal protocols: Law firms can get ahead of the problem by developing protocols for handling cases involving crimes in the metaverse. These protocols can include identifying sources of digital evidence, assessing the applicable jurisdiction, and consulting with technology experts to better understand the technical details of the case.