Journal of Shanghai University (Social Science Edition) ›› 2022, Vol. 39 ›› Issue (5): 103-115.

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The Approach of Legal Regulation to Security Risks of Metaverse: From Hypothetical Regulation to Procedural Risk Prevention

  

  • Online:2022-09-15 Published:2022-11-28

Abstract: The initiating of the concept of Metaverse (meta-universe) has completely changed the future landscape of information technology. Accordingly, the fusion of virtual and real world is bound to pose new problems to the existing relationships between rights and obligations. However, technological innovation does not necessarily mean targeted legislation or special supervision. Institutional constructionists hold that “special law should be formulated to regulate the safety risks of the meta-universe” , which is blurring the scope of the basic functions of laws. From the supervision of early big data and cloud computing security, to the regulation of the current algorithm and protection of data security, and to the governance system of future Metaverse, legal responses to technological innovation should not be based on purely hypothetical risks, but on whether the contents of rights and obligations have actually changed. Judging from the development traits of Metaverse at the current stage, the potential security risks have not gone beyond the existing social risk types. Therefore, in regulating Metaverse security risks, we should stick to the general position of legal responses to technologies by centering on procedural risk prevention and reinterpreting the basic concepts of existing legal provisions and their application means.

Key words: Metaverse, legal regulation, risk prevention, prompt governance