WHO HAS JURISDICTION OVER THE METAVERSE?
Traditional jurisdiction principles may grant a state jurisdiction over a person or entity for acts within the metaverse, but it may leave users and creators of the metaverse open to jurisdiction in almost every potential country.
- Personal Jurisdiction
- Territorial Jurisdiction – State jurisdiction for acts committed within borders of a state
- Nationality Principle – States have jurisdiction for acts committed by its national even if those acts were committed outside of the state.
- Passive Personality Principle – Recognizes state jurisdiction for acts committed against a state’s own nationals
- Effects Doctrine – Provides for jurisdiction over acts of foreign nationals committed abroad but having effects in the state.
- Protective Principle – Allows a state to assert jurisdiction over a person whose conduct outside its territorial boundaries threatens the national security of the state or interferes with the operation of that state’s governmental or regulatory function.
- Universal Jurisdiction – Recognizes state jurisdiction over certain crimes even when there is no relationship with the perpetrator or the victim.