حقوق کیفری در چالش عبور از واقعیت مجازی (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
این مقاله در مقام بررسی خطرات استفاده از فنّاوری واقعیت مجازی به منظور دستیابی به اهداف حقوق کیفری است. در گام نخست با بررسی مطالعات علمی برای تعیین ماهیت واقعیت مجازی آن را یک فنّاوری عصبی غیرتهاجمی شناسایی کرده است که واجد هوش مصنوعی با ریسک بالاست. در عین حال، آن را یک فنّاوری عصبی تغییردهنده معرفی می کند که امکان تغییر آنچه مردم آن را به منزله واقعیت درک می کنند دارد. از این امکان تحت عنوان «واقع گرایی» یاد می شود که بیانگر غوطه ورشدن احساسی کاربر در یک تجربه مجازی است. نتایج این ظرفیت سه خطر کلیدی را آشکار می کند که عبارت اند از: 1) قابلیت جمع آوری داده های گسترده و ذخیره شده در طول استفاده از آن؛ 2) توانایی واقعیت مجازی برای بازتولید ذهنی تجربه «فیزیکی» آواتار در کاربر؛ 3) ظرفیت درخور توجه آن برای دست کاری افراد. در گام دوم این مقاله فعالیت های مجرمانه بالقوه را در محیط های مجازی با تمرکز بر نقض حریم خصوصی ذهنی و دست کاری کاربران بررسی کرده و درنهایت پیشنهاد می شود که حقوق کیفری باید برای تعریف «خط قرمز» استفاده وسیع از واقعیت مجازی توسط شهروندان مداخله کند و یک چهارچوب قانونی برای جرم انگاری آسیب ها و خطرات مرتبط با آن ترسیم کند؛ بنابراین تدوین یک سیاست کیفری جامع و مانع که متضمن قوانین کیفری متناسب با فنّاوری درحال تحول مذکور است ضروری به نظر می رسد .Criminal Law Challenged by Crossing into Virtual Reality
This article examines the risks of using virtual reality technology to achieve criminal law objectives. In the first step, by reviewing scientific studies to determine the nature of virtual reality, it has been identified as a non-invasive neural technology that has high-risk artificial intelligence. At the same time, it introduces it as a transformational neural technology that can alter what people perceive as reality. This capability is referred to as "realism" which represents the emotional immersion of the user in a virtual experience. The implications of this capacity reveal three key risks, which are: (1) the ability to collect extensive data stored during its use; (2) the ability of virtual reality to mentally recreate the "physical" avatar experience in the user; and (3) its considerable capacity for manipulating individuals. In the second step, this article examines potential criminal activities in virtual environments, focusing on violations of mental privacy and manipulation of users. Ultimately, it is suggested that criminal law should intervene to define the "red line" of extensive use of virtual reality by citizens and outline a legal framework for criminalizing associated harms and dangers. Therefore, formulating a comprehensive criminal policy and prevention encompassing laws tailored to the evolving technology is imperative. Keywords: Virtual Reality, Criminal Law, Virtual Emotions, Artificial Intelligence, Avatar 1. Introduction In the last quarter of the 20th century, significant changes occurred in the social, political, and economic fabric of most countries, which became known as the 'Risk Society' (Beck, 2006, p: 102). These changes brought with them new risks associated with industrial advancement, technological progress, and globalization. Unlike the domains that traditional criminal law protected, such as individual rights and private property, these new risks could create damage on a global scale, were systematic, and system-based. The consequences of these risks were unpredictable and undefined, and their effects would manifest in the medium or long term. While criminal law had not yet fully adapted to the complexities and challenges arising from rapid social, technological, and cultural transformations of society, the risk society was also evolving simultaneously under the influence of factors such as the digital revolution and remarkable advances in neuroscience and artificial intelligence. This social revolution could challenge the function of criminal law and have fundamental impacts and consequences on it. Therefore, the necessity for implementing fundamental changes in criminal law was felt so that it could continue to fulfill its role in society. New changes in the digital space highlighted the need for criminal law adaptation to these changes. This adaptation includes updating and modifying criminal laws and regulations to cover cyberspace crimes and address data, computer systems, and network systems that require legal protection, as well as encompassing new forms of cyber attacks or electronic hacking in the digital domain. Furthermore, due to the borderless nature of the internet, cybercrimes have an extensive scope that necessitated the development and regulation of a transnational and cross-border framework to counter these behaviors and pursue and punish the aforementioned crimes at an international level. At another stage, in the transition to Web 3.0, another factor was added, meaning that in addition to the internet, the interactive factor - namely the capability of social networks for users to interact and communicate with each other - also intervened, which led to new forms of crimes in social media. These latter criminal behaviors are either committed through the use of social networks such as Facebook, Twitter, and Instagram or are facilitated by using them. 2. Methodology It can be stated that virtual reality (VR) is an advanced human-computer interface where users, through various devices and connections to a computer or platform, can immerse themselves in three-dimensional virtual experiences. Displays and lenses are used for stereoscopic 3D vision; headphones are employed for auditory immersion, while haptic devices with vibrational signals such as gloves, vests, or full-body suits enhance the sense of touch. Since virtual reality is designed and implemented based on the understanding and cognition of the human nervous system and brain, and can influence human emotional and affective states. From a practical perspective, Immersive Virtual Reality (IVR) cannot be separated from Artificial Intelligence (AI). From a technical standpoint, IVR is the result of an inseparable connection between non-invasive neural technology, such as head-mounted displays (HMDs), and a suite of AI systems related to voice recognition, language processing, visual pattern analysis, facial expressions, emotions, and physical interactions for avatar control and environmental interaction. Users can experience virtual environments through 2D displays such as computer monitors, televisions, smartphones, and tablets, viewing events from their perspective. In this mode, they remain connected to their surrounding physical reality. Alternatively, using head-mounted displays (HMDs) with integrated screens and headphones, including glasses or helmets with embedded displays and audio systems, they can completely detach from their physical environment and become fully immersed in the virtual environment. Another characteristic of virtual reality is user-avatar embodiment. Embodiment means creating a sensation in the user as if the avatar is their virtual body, achieved through synchronizing avatar movements with the user's real physical movements. Through this embodiment, the user experiences presence within the avatar's body and perceives and experiences the surrounding world through the avatar's eyes. 3. Results and Discussion In the criminal law domain, an analysis has been conducted examining the potential challenges and risks that the expansion of virtual reality technology may pose to individuals' privacy, security, and psychological well-being. This analysis has identified three specific risks associated with the increasing prevalence of virtual reality technologies and their growing applications in people's daily lives, particularly commercial virtual reality operated by private companies for profit and economic return. The three main risk areas are as follows: 1. Due to its interactive and immersive nature virtual reality can collect and record large volumes of users' personal and sensitive information during use. This information includes behavioral patterns, interests, preferences, biometric and physiological data such as heart rate, body energy consumption, etc., which are comprehensively collected to create a complete and accurate user profile, potentially resulting in severe violations of users' mental privacy. Generally, an avatar refers to a digital and virtual representation of a user in the virtual reality environment. VR is designed and developed in such a way that users can have real-world-like interactions and experiences through their avatars in the virtual environment, enabling the simulation of physical experiences for the user's avatar in the virtual space. 3. Virtual reality, due to creating a highly immersive and interactive environment, significantly enables the manipulation of users' behavior, beliefs, emotions, and decision-making. This potential indicates the risk of exploitation and control of individuals by virtual reality environment operators and designers." It should be noted that* the current criminal policy approach requires re-evaluation and reassessment in line with the current advancement of neural technologies and artificial intelligence to effectively monitor and address the challenges and consequences arising from the development of these technologies. The evolving landscape of neural technologies and AI necessitates a more precise and informed criminal policy approach for controlling criminal behaviors. Neural technologies with the potential for unauthorized direct access to individuals' brain activity, whether invasive or non-invasive, regardless of duration, should be explicitly criminalized by criminal law to preserve individuals' mental integrity. Accordingly, altering brain activity without user-victim consent (brain hacking) should be explicitly defined as a criminal offense as technology has reached a level of development that makes such direct intervention possible. Immersive virtual reality is a non-invasive, indirect, and less effective technology. Non-invasive means the technology doesn't physically enter or alter the user's body. Virtual reality provides an indirect experience of reality as users interact with a simulated environment rather than the real world. The term 'less effective' indicates that virtual reality may not fully replicate real-world experiences. These characteristics make evaluating content or behavior in immersive virtual reality more challenging compared to real-world assessments. The most significant challenge criminal law faces in evaluating content or behavior in immersive virtual reality concerns the effectiveness of user manipulation.
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