September 8, 2017

Inside Counsel quotes Kimberly Culp on the legal challenges facing augmented reality and mixed reality

2 min

Venable counsel Kimberly Culp was quoted in Inside Counsel on August 30, 2017, where she discussed the legal challenges facing augmented reality (AR) and mixed reality (MR). According to the article, AR and MR are advancing quickly in the market, with estimates projecting more than 50 percent annual growth. While the best-known use for these technologies is gaming, they are penetrating industrial, medical, retail, and other applications. AR and MR are also posing interesting questions around privacy and security – some of which can put up serious roadblocks to a company’s success.

Ms. Culp stated that she has already seen litigation over trespass and nuisance claims. She expects the success of those claims to turn largely on the language in the relevant terms of use and how consent to those terms was obtained. But those claims reflect a big problem: Who is responsible for the behavior of users interacting with the application and the real world? And how do you control that behavior?

"I think one of the biggest challenges is, or will be, the confluence of big data and cybersecurity," Ms. Culp explained. "These immersive experiences have the potential to be particularly engaging where developers can craft an experience targeted to the specific user's interests. That, of course, means that you necessarily have a lot of information about not just that user, but many users."

What privacy and security best practices should companies follow when it comes to AR and MR? It is wise to work with outside counsel to develop robust policies and controls on the use of data, and with cybersecurity professionals to test the security of your systems, according to Ms. Culp.

Please click here to access the article.