Governing the Metaverse

<p><span>The digital age has redefined human interaction, the economy, and societal structures. Powered by a panoply of advanced technologies, including virtual reality, augmented reality, and the blockchain, some claim the metaverse to be the next step in our digital evolution. If the metaverse is indeed this next stage, several legal, jurisdictional, and governance questions must be addressed. While the internet increasingly looks like it will be contained within existing jurisdictions, there were and are still strong arguments for ‘cyberspace’ being its own independent jurisdictional place. The metaverse, being an even more place-like digital space, brings the question of jurisdiction to the fore again. This Article argues that the metaverse should be governed as a distinct jurisdiction. While this approach involves a degree of complexity, governing the metaverse within existing jurisdictions would arguably be even more convoluted and problematic. This Article provides a path toward appropriate and effective oversight of this new digital space by treating the metaverse as its own jurisdiction and providing a governance framework.</span></p> <p><span>This Article will provide a comprehensive introduction to the metaverse, its technological foundations, and its transformative potential. This background is crucial for understanding the metaverse’s promise, complexity, and the legal and governance challenges the metaverse presents. Next, an in-depth dive into the background of internet jurisdiction will highlight the tension between the perceived boundlessness of cyberspace and the territorial confines of traditional legal systems. In discussing this, this Article applies these concepts to the metaverse, which has an even stronger case for being treated as its own jurisdiction when compared to the broader internet. This Article undertakes a critical evaluation regarding whether the metaverse can and should be contained within existing legal jurisdictions. Integrating the metaverse within existing jurisdictions has some benefits. However, this approach is ultimately limited. Instead, various theoretical, practical, and legal reasons exist for instituting a standalone metaverse jurisdiction.</span></p> <p><span>This Article proposes specific and innovative law and governance mechanisms tailored to the metaverse’s unique digital environment. Such proposals encompass law enforcement, dispute resolution, virtual courts, and the interaction between virtual and physical jurisdictions are discussed. The Article concludes by synthesizing these insights and advocating for the creation of a concrete legal and governance framework for the metaverse.</span></p>