Lastowka agrees that the future of the
Web is likely to be mobile and geophysical.
“For the past decade or so, the data cloud
has been somewhere up there, apart from
the physical world. In the future, much of it
will come down and be pinned to real locations, accessible through our cell phones.”
The overlay of a virtual world on the
physical one means that we have to sort out
whether ownership in one implies ownership
in the other and how virtual rights are to be
adjudicated. “I may own my home, but does
that give me a right to prevent others from
marking up its virtual layer with geo-local
graffiti?” asks Lastowka. “The state takes
an interest in zoning real space, but will it
be able to zone or regulate our future geo-local layer?”
These technologies have been evolving
over the past few years, offering a window
for those in charge of regulation to begin
anticipating the issues and exploring solu-
assets that exist only within games,” says
Lastowka. “Virtual worlds raise a host
of pressing legal questions—who controls
them? What are the rights of their users?
Are virtual properties legally real?” And
how do we coordinate the rules of one layer
of reality with the rules of the other? “Is
it okay to defraud someone of their game
currency (which has real value) if the game
rules don’t forbid this?”
For questions of legal ownership of virtual property, the future may already be
here—only possibly not in your neighborhood. “Countries in Asia have already started to sort out these questions in courts and
legislatures,” Lastowka observes. “We are
just beginning to do so in the United States.”
Other Faces of the New Web
When you talk with Mike Liebhold about
the next decade of the Web, you get more
than will fit in a single article. “Cloud com-
“THE BIGGEST LEGAL QUESTION
IS: WHO CONTROLS THE SHAPE
OF THE VIRTUAL LAYER?”
tions. Lastowka suspects the implications
may not have been recognized in the right
quarters. “I doubt that the FCC is even
considering these issues,” he says. “I think
the geo-local Web will catch the law flat-footed.”
Add to that the complications of virtual
realities. “Perhaps over a billion dollars is
being made today through the sale (
including the unlawful sale) of virtual properties—
puting is another one of the transformation
points in the history of the Internet,” he
says, and begins to talk about multi-core
computers offering massive storage, super-computing, and the sensor Web.
Consider just the last of these, a Web
fed by sensors that we wear on our clothing
or snap on a band around a wrist (
measuring blood pressure, galvanic skin response,
respiration) and by sensors tied to physical