Metaverse vs. employment law: The reality of the virtual workplace — from arstechnica.com by Kate Beoiley
It is unclear how employee protections apply in the universal digital realm.

Excerpt:

When it comes to employment laws, however, it is unclear what rules of engagement apply in a universal digital realm. What counts as harassment in the metaverse? Can an avatar be discriminated against, or worse? Will national legislation protect employees or does working in the metaverse require a new rule book altogether?

Lack of legal framework
But the metaverse takes hybrid working a step further and brings with it a host of thorny employment law issues. These range from practical challenges, such as how employees are paid, to more philosophical ones, like whether avatars have a legal identity. “The legal conundrums are about as diverse as the possibilities of the metaverse itself,” says Jonathan Newman, managing associate at law firm Simmons & Simmons.

 

Six Unaddressed Legal Concerns For The Metaverse — from forbes.com by Nitin Kumar; with thanks to Ori Inbar on Twitter for this resource

The metaverse is an extremely exciting space with many opportunities. It is also a shift that breaks down conventional legal thinking and frameworks built for the old economy, creating new legal, regulatory and technical issues that need resolution.
 

Higher Ed Dive’s 2022 Outlooks — from highereddive.com by Higher Ed Dive Staff
Here are the trends and questions facing higher education that we’re watching, from enrollment pressures to key court cases and for-profit colleges’ future.

Excerpt:

In the first few weeks of the new year, we looked ahead at important trends to watch and questions to ask for college administrators — and any other leaders who care deeply about the higher education sector.

These 2022 outlooks offer a chance to step back and take stock of issues that will be with us through the year. We gathered them here for you in once place.

 

The metaverse: three legal issues we need to address — from theconversation.com by Pin Lean Lau

Excerpt:

The “metaverse” seems to be the latest buzzword in tech. In general terms, the metaverse can be viewed as a form of cyberspace. Like the internet, it’s a world – or reality, even – beyond our physical world on Earth.

The difference is that the metaverse allows us to immerse a version of ourselves as avatars in its environment, usually through augmented reality (AR) or virtual reality (VR), which people are and will increasingly be able to access using tools like VR goggles.

While it all seems very exciting, a curious lawyer like me is inclined to ask: who or what governs the metaverse? The way I see it, there are three key areas which, at this stage, are legally murky.

From DSC:
There are a lot more than three legal issues to be addressed with the metaverse, especially as it further develops. That said, I posted this in the hopes of raising the level of awareness within the legal arena on this particular area of emerging technologies. 

 

Universities can combat misinformation by sharing research with the public — from edsurge.com by Avery M. D. Davis

Here’s my New Year’s resolution for higher education: extend the reach of research to the people.

Avery M. D. Davis

Excerpt:

It’s part of a growing recognition that research really belongs to the people. Even as the postsecondary industry opened its doors to become a more-accessible system for students, it locked up the research conducted by its faculty and staff. But it’s often individuals from outside of academia who construct topical questions of interest for scholars, serve as study participants, and fund organizations producing such work.

And yet, open science ambitions have cautions worth noting, such as the challenges of interpreting research publicly and the potential political misuse of study findings. To address this, higher education must revisit its roots in educating citizens, preparing both students for society and society for itself.

From DSC:
Yet another benefit/reason for faculty members to write for a public audience! I wish citizens could tap into more faculty/staff-driven streams of content.

streams of content are ever flowing by -- we need to tap into them and contribute to them

 

 

The US is testing robot patrol dogs on its borders. Should we worry? — from interestingengineering.com by Loukia Papadopoulos
Bow-wow just got darker.

However, we can’t shake the feeling that their deployment is creating a dystopian future, one we are not sure is a completely safe one especially if the dogs are trained to operate autonomously. That is a capability we are not sure the robots yet have. Will this be the next stop for border control? If so, how can we trust machines with rifles? Time will tell how this situation evolves.
 

Both of the items below are from Sam DeBrule’s Machine Learnings e-newsletter:


Also see:

 

Remote School Meltdowns? Research Gives Window Into Student Well-Being During the Pandemic — from edsurge.com by Jeffrey R. Young

Excerpt:

To understand the stakes of the image, it’s worth looking to a new Harvard University research report that begins: “Although children have largely been spared the direct health consequences of coronavirus disease 2019 (COVID-19), there is increasing concern about the pandemic’s influence on other aspects of child health and development.”

 

From DSC:
I post the following item because I’ve often wondered how law schools should best handle/address the area of emerging technologies. It’s not just newly-minted lawyers that need to be aware of these technologies’ potential pros and cons — and the developing laws around them. It’s also judges, legislators, politicians, C-Suites, and others who need to keep a pulse check on these things.

Hermès Sues NFT Creator Over ‘MetaBirkin’ Sales — from by Robert Williams
The French leather goods giant alleges trademark infringement and dilutive use of its iconic Birkin name.

Excerpt (emphasis DSC):

The complaint, which was first reported on The Fashion Law, raises questions about how trademark protections for real-world items will be enforced in the digital realm as commercial activity heats up in the metaverse. Brands including Balenciaga and Nike are experimenting with virtual fashion. Non-fungible tokens, or NFTs (unique digital assets authenticated using blockchain technology), depicting fashion items have sold for millions in recent months.

 

From DSC:
Should Economics classes be looking at the idea of a digital dollar?


The battle for control of the digital dollar — from protocol.com

Excerpt:

After months of delay, the Federal Reserve’s much-awaited report on a digital dollar could be out soon. Federal Reserve Chairman Jerome Powell told the Senate Banking Committee Tuesday that the white paper on a planned central bank digital currency (CBDC) is “ready to go,” possibly in weeks.

But don’t expect a detailed blueprint for an American CBDC. The white paper will be more of “an exercise in asking questions” about how the digital dollar should work, Powell said.

And there are plenty of questions. Some have already sparked a heated debate: How should consumers gain access to the digital dollar? And how much control should the Fed have?

Will a digital dollar lead to “digital authoritarianism”? That’s one of the biggest fears about a digital currency: a Big Brother future where the Fed has the power to track how people spend their money.

 

Feds’ spending on facial recognition tech expands, despite privacy concerns — from by Tonya Riley

Excerpt:

The FBI on Dec. 30 signed a deal with Clearview AI for an $18,000 subscription license to the company’s facial recognition technology. While the value of the contract might seem just a drop in the bucket for the agency’s nearly $10 billion budget, the contract was significant in that it cemented the agency’s relationship with the controversial firm. The FBI previously acknowledged using Clearview AI to the Government Accountability Office but did not specify if it had a contract with the company.

From DSC:
What?!? Isn’t this yet another foot in the door for Clearview AI and the like? Is this the kind of world that we want to create for our kids?! Will our kids have any privacy whatsoever? I feel so powerless to effect change here. This technology, like other techs, will have a life of its own. Don’t think it will stop at finding criminals. 

AI being used in the hit series called Person of Interest

This is a snapshot from the series entitled, “Person of Interest.
Will this show prove to be right on the mark?

Addendum on 1/18/22:
As an example, check out this article:

Tencent is set to ramp up facial recognition on Chinese children who log into its gaming platform. The increased surveillance comes as the tech giant caps how long kids spend gaming on its platform. In August 2021, China imposed strict limits on how much time children could spend gaming online.

 

Isaiah 1:17

Learn to do right; seek justice.
    Defend the oppressed.
Take up the cause of the fatherless;
    plead the case of the widow.

From DSC:
This verse especially caught my eye as we have severe access to justice issues here in the United States.

 

Education Has Been Hammering the Wrong Nail. We Have to Focus on the Early Years. — from edsurge.com by Isabelle Hau
This article is part of the guide Survival Mode: Educators Reflect on a Tough 2021 and Brace for the Future.

Excerpt:

Moreover, children who are expelled in preschool or early elementary are 10 times more likely to be incarcerated. Those later societal costs might have been avoided if the children are provided the nurturing attention in their early years to regulate their emotions and buffer toxic stress, which often results from exposure to trauma.

The value of the human potential unlocked by early education and social and emotional interventions is more difficult to assess: it is arguably limitless.


 

California Lawmakers Ignore Data in Calls to Restrict the Expansion of Legal Services — from iaals.du.edu

Excerpt:

Earlier this week, two California lawmakers spoke up about these issues. Cheryl Miller, writing for Law.com’s The Recorder, reports: “The chairs of California’s two legislative judiciary committees this week accused the state bar of ‘divert[ing] its attention from its core mission of protecting the public’ by pursuing proposals to allow nonlawyers to offer a limited range of legal services.”

California Supreme Court Justice Tani Cantil-Sakauye called the criticism “not surprising,” and we would agree. After all, it is the same message we’ve heard time and again from opponents to any real, impactful change within the legal profession. And the assumptions underlying that message have been discredited by our organization and many other scholars, researchers, and even regulators in other countries. So it is frustrating just how widespread and misleading opponent claims can be.

 

 

 

AI bots to user data: Is there space for rights in the metaverse? — from news.trust.org by Sonia Elks
In a virtual world populated by digital characters, privacy and property rights face unprecedented challenges, campaigners say

From virtual goods to AI-powered avatars that can be hired out by companies, a fast-growing digital world is pushing ownership and privacy rights into unchartered territory.

NYC Targets Artificial Intelligence Bias in Hiring Under New Law — from news.bloomberglaw.com by Erin Mulvaney

New York City has a new law on the books—one of the boldest measures of its kind in the country—that aims to curb hiring bias that can occur when businesses use artificial intelligence tools to screen out job candidates.

Employers in the city will be banned from using automated employment decision tools to screen job candidates, unless the technology has been subject to a “bias audit” conducted a year before the use of the tool.

‘Innovation Averse’ Law Schools Risk Missing Out on the Legal Industry’s Regulatory Renaissance — from law.com

“If law professors and legal educators and law school administrators aren’t in tune with how the practice of law is changing, not just in terms of how you deliver legal services, but these new areas that are emerging, then we’re doing a great disservice to our students,” said April Dawson, associate dean of Technology and Innovation at North Carolina Central University School of Law, during the “Redesigning Legal” speaker series panel discussion this week.

 
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