The Risk of the Identity-based Virtual Digital Human in the Meta verse and Its Criminal Law Regulation
With the continuous development of digital technology,the application of the metaverse is also deep-ening.Identity-based virtual digital personas,as core interactive entities within the metaverse,play a proactive role in various metaverse application scenarios.However,risks arising from their use as subjects or tools have also emerged.Identity-based virtual digital personas are neither traditional property objects nor legal subjects but rather personality entities that combine data attributes and personal attributes.They involve personal legal interests such as personal safety,privacy,reputation,and even aspects of sexuality,as well as broader societal interests like social order and national security.Considering the unique and complex nature of digital actions in the metaverse in terms of criminal law regulation,it is necessary,to actively change the regulatory approach from behavioral regulation to framework regulation,enhancing the ability to regulate risks and achieve proactive risk prevention,while maintaining criminal law as a last resort.Criminal law intervention should be premised on the intersection of interests between the metaverse and the real world,punishing real infringements of legal interests.
Identity-based virtual digital humanMetaverseDataVirtual realityLegal interest