Abstract

This article continues the discussion on advanced jurisprudence, outlined in “Algorithms, Ethics and Justice” 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 article will expand the notion of cybercrimes from AI crimes to extended reality (XR) crimes, given the rise of the metaverse, and the future scenario of biometric data of EEG-capable headsets being misused by rogue companies and/or criminals. The article will do so first by discussing Mill’s text On Liberty, to serve as a context for exploring open justice in 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 US. The article concludes by reviewing possible international open justice scenarios for XR criminals.