Digital Culture & AudioVisual Challenges

This paper continues the discussion on advanced jurisprudence, outlined in Algorithms, Ethics and Justice (Hadzi, 2022), where restorative justice was proposed for the mitigation of artificial intelligence (AI) crimes. Algorithms, Ethics and Justice proposed an alternative approach to the current legal system by looking into restorative justice for AI crimes, and how the ethics of care could be applied to AI technologies. This paper will expand the notion of cyber crimes from AI crimes to extended reality (XR) crimes, given the rise of the metaverse (Anderson & Rainie, 2022; Chohan, 2022), and the future scenario of bio-metrical data of EEG capable headsets (Graham, 2022) being misused by rogue companies and/or criminals (Jaber, 2022; Nair et al., 2022; Zhao et al., 2022). The paper will do so first by discussing Mill’s text On Liberty (Mill, 1978), as a context to explore open justice in extended realities (XR), and then by continuing the discussion around the right to be forgotten and the freedom of the press versus privacy, through a comparative analysis between the legal situation in the EU and that of the USA. The paper concludes by reviewing possible international open justice scenarios for XR criminals.