This article discusses the legal issues surrounding the impersonation of avatars active in the metaverse, primarily regarding privacy protection. A major difference between virtual spaces and the real world lies in the use of avatars to break free from the constraints of one’s physical appearance. The ability to freely control one’s appearance means the ability to freely mold one’s self-image or representation, which enables a person to participate in the new world that is the metaverse on their own terms. In the metaverse, the kind of avatar a person uses becomes extremely important.

Chapter 1 discusses the issues that arise when someone hijacks someone else’s avatar and behaves as its rightful owner.

Chapter 2 examines privacy rights in the metaverse. Freely forming relationships with others through one’s avatar, the prevention and elimination of wrongful interference by third parties with the image one has formed, and maintaining one’s avatar-mediated personal identity through relationships with others are important personal rights and interests that must be guaranteed.

In the metaverse, if a person’s personality is even partially expressed in an avatar, that affirms their identification with that avatar, no matter how many avatars they use. However, if multiple people use a single avatar, this weakens the person-avatar link, making the violation of personal identity rights unlikely even if an unrelated party were to use the avatar without permission.

Chapter 3 examines the issues surrounding the malicious act of impersonation. 1) Even if a person falsifies their own avatar only in another person’s environment, this should be regarded as a kind of infringement, and it would be prudent to adopt legislative measures to restrict this from the viewpoint of protecting the privacy of others. 2) The act of sharing a modified version of your own avatar with a third party is shared by the problems of "idol collage" and "deepfake." These are dealt with according to the nature of the defamation, which may be wide in scope. However, deterioration in “social evaluation” should be more precisely analyzed, and the scope should be clarified as much as possible. 3) When a person creates their own avatar using another person’s name and appearance and uses it in the virtual space, liability becomes a problem when the fake is made public. There is a danger in the actual person’s image becoming distorted due to the peculiarities of immersion, and if this is difficult to solve with existing legal doctrine, then it is meaningful to discuss identity rights.

Chapter 4 summarizes the conclusions of the previous chapters. First, it clarifies the nature and guarantees of identity rights (including legal interests) to protect one's image, self-image, and personal identity. Second, it clarifies that the conditions and methods of restricting acts of unfairly altering a person's avatar are at issue. Then it references appropriate ID management measures in the form of identity verification technology, third-party authentication systems for identity verification, and avatar registration systems; then in Chapter 5 it touches upon future outlooks.

The Metaverse has been a hot topic, and virtual worlds and avatars in the Metaverse have attracted a lot of attention. This paper addresses system architectures, mechanisms, and functions of the Metaverse from the perspective of implementing the Metaverse. In fact, the replication of servers to process loads effectively and techniques to abstract away communication delays between clients and servers cause problems that cannot occur in the real world. Since the modern Metaverse is becoming more and more platform-based, we discuss the relationship between three parties: the metaverse platform, third parties that provide virtual worlds, etc., and the users. In the Metaverse as platforms, rather than in application markets such as smartphones, the platforms in the Metaverse have superiorities over third parties that provide virtual worlds and items. In addition, since users may create and sell content, there is a small boundary between users and third parties. So, users are also strongly controlled by the platforms. We also discuss that not all real-world problems occur in the Metaverse. There are differences, such as plagiarism but not theft.

AI Agents or Cybernetic Avatars (CAs), which act as surrogates for natural persons on the Internet, are beginning to gain importance as an important application of AI technology in society. These can be positioned as components of the metaverse. Trusts between natural persons themselves and AI Agents or CAs, and between AI Agents or CAs and other natural persons or software with which they interact via the Internet, are necessary for smooth interactions among them. In this report, we discuss this trust from the perspective of its legal status and technical feasibility. Since there is a wide range of research on trust, we will introduce an overview and studies related to the content of this paper. Next, studies on the legal status of CAs will be introduced. The concept of ID authentication, which is the basis of Trust, is then explained. Next, assuming (1) natural persons themselves, (2) AI Agents and CAs as their proxies, and (3) natural persons, AI Agents, and CAs that interact with them via the Internet, we discuss the framework of ID authentication and trust that should be established among (1), (2), and (3), and the issues that arise in relation to individual ID authentication and trust. (1), (2), and (3). In particular, we will discuss hijacking and spoofing by malware and BOTs, and how to deal with them. Next, we describe the problems when one person controls multiple AI Agents or CAs, and when multiple people control a single AI Agent or CA.

Moonshot Goal 1 is to realize a society free from the constraints of body, brain, space, and time by 2050. In order to improve labor productivity due to the declining birthrate and aging population, to maintain productivity that is resilient to disasters, etc., and to realize a future society that is inefficient but safe, secure, and comfortable, we develop avatars, robots and 3D CG that can successfully use both cyber and physical space, called cybernetic avatars (CA). By tele-operating the CAs, people can extend and enhance their physical, cognitive, and perceptual capabilities. Currently, one remote operator moves one robot or avatar, but Moonshot Goal 1 focuses on moving multiple CAs by a single remote operator or moving one CA by multiple remote operators. If the human enhancement with CA is accepted by society, everyone will be able to participate in social activities, contributing to the realization of an inclusive society that respects diversity and the revitalization of the economy. To this end, it is also necessary to solve technological issues to eliminate new disparities created by the human enhancement, as well as institutional issues related to ethics, legal systems, etc. We are developing the cyber-physical CA infrastructure to ensure safety and security that can deal with CA impersonation, hijacking, and skill imitation, and reliability in the event of jitter (time lag or fluctuation of signals) or communication delays or disconnections in remote operations. From the investigation in the Internet history and trends in the metaverse, in the development of CA, it is necessary to form an international social consensus system, taking into account social, political, and organizational factors, and to create a "place" where many potential users can experience the system in advance and resolve institutional issues. We will discuss the role of cyber space in the future.

The law of metaverse has just started to be discussed and many issues are yet to be clear. The situation appear to be similar to the law of the Internet in its infancy. However, as metaverse is a self-contained world on the platform, norms can be established through the terms and conditions, as well as technical architecture, both set up by the platform operator. Therefore, the required law is the "conflict of law" rules to respond to conflicts between the actions and events in the metaverse and those in the universe. The basic principle shall be the "preponderance of the universe", which means that the basic policies in the universe shall not be disturbed by the activities and events in the metaverse.

Digital twin technology, which constructs a twin of the real world in a digital space based on information collected in the real world, is attracting attention. This technology is used to perform analyses and simulations that are difficult to perform in the real world on a twin constructed in a digital space and feed the results back to the real world. In recent years, research has also been conducted on its application in the medical and health fields, and policy discussions for its introduction are beginning to take place in Japan as well. However, digital twins, which contain a lot of information on personal health, require careful handling from the perspective of privacy and security. In order to appropriately promote applications in the medical and health fields, we believe that these ethical, legal, and social issues (ELSI) should also be discussed; however, at present, the research trends themselves in these fields are not well understood and the issues are not well organized. Therefore, in this study, we reviewed the literature on the potential applications of digital twin technology in the medical and health fields to gain an understanding of the current research trends. We also extracted ELSIs that have been pointed out at this point in time, and aimed to organize issues for future social implementation.

The literature search yielded 88 references on the application of digital twin in individual areas of medicine and health, and 14 references on the main theme of ELSI. Few of the applications to the medical and health fields had reached the practical stage. Also, although several issues were raised in the discussion on ELSI, there was little discussion on specific solutions, and the discussion was limited to the presentation of topics. In the future, more in-depth discussions are required in line with actual research trends and the level of social implementation.

In the metaverse, users treat their avatars as the equivalent of their physical bodies. In "VRChat", a typical social VR service, it is common to see users purchase and use avatars from creators. It was also found that, "political" and "religious" activities are prohibited by the terms of use of the most popular avatars. These restrictions can be considered reasonable in light of precedents regarding private autonomy, copyright law, and general contracts in the real world. Therefore, many users are restricted in their activities related to suffrage and religious freedom in the metaverse. However, it would be inappropriate to solve the issues by simply invalidating such restrictions, as it is against the will of the creators. Since everyone has the freedom to create their own avatar in principle, and hence the right to suffrage and freedom of religion of those who use avatars are not entirely denied. And it is also because the absence of intervention by government power is important for the freedom of thought, conscience, expression, and religion. Regarding this issue of conflict of interests, the author proposes that the governments shall provide proper tools and guarantee opportunities on acquiring skills to their citizens, so they would be able to create their own avatars. If the users are able to create their own avatars, the fundamental problem could be solved regarding this issue. If this idea comes true, respect for private autonomy in avatar trading will be legitimized, and creators shall be able to further develop their creative and economic activities.

For so-called public utilities, a series of distinctive administrative regulations (sector specific regulations) are in place, including entry and exit regulations, rate regulations, universal service and so forth. The administrative organization responsible for such regulations is also an important issue. The German legal system is unique in both points, and a discipline called "Regulierungsrecht" has been established. In particular, the German legal system is distinctive with regard to the administrative bodies responsible for the enforcement of sector specific regulations. The Federal Network Agency (Bundesnetzagentur) is the enforcer of administrative and regulatory law for electricity, gas, telecommunications, postal services, and railroads, and it is an agency with a certain degree of independence from the federal government (1).

The Agency currently has 10 bureaus and 11 “Ruling Chambers”, and important cases are adjudicated by this chamber as a collegial body (2). The agency is characterized by its "independence," which is multifaceted and can be divided into (a) separation of ownership and regulation, (b) distance from business operators, (c) exclusion of political influence, and (d) separation from the competition authorities (3). The purpose of this paper is to confirm the implications on Japanese law that can be drawn from the institutional design of the German Federal Network Agency and the discussions surrounding it (4).

The Act to Partially Amend the Radio Act and the Broadcasting Act which was approved by the 208th ordinary session of the Diet, is composed of five elements; (1) Strengthening the functions of the Radio Regulatory Council, (2) Creating a system for reassigning frequencies for mobile phones and other systems, (3) Revising the Spectrum User Fee system, (4) Revising restrictions on foreign investment in the information and telecommunications sector, (5) Arranging for mechanisms to ensure the appropriate and fair sharing of NHK Subscription Fees, and other related amendments.

Specifically, as for (1), up until now, assessments regarding the degree to which radio spectrum is being utilized effectively have been implemented by the Minister of Internal Affairs and Communications based on the results of actual utilization surveys; under the amended Radio Act, the assessments will be implemented by the Radio Regulatory Council, which is made up of council members who have broad-ranging experience and knowledge, in order to allow for the implementation of more appropriate assessments that are adapted to matters such as technological progress. The amending act enables the Radio Regulatory Council to make the necessary recommendations to the Minister of Internal Affairs and Communications regarding effective utilization assessments, and requires the Minister to report to the Council on measures taken based on its recommendations.

As for (2), the amending act makes it possible to reassign frequencies that are being used by base stations, for telecommunications operations involving devices such as mobile phones, under the following cases:

- If the result of an effective utilization assessment by the Radio Regulatory Council does not meet certain standards.

- If the Minister of Internal Affairs and Communications determines that a reassignment review is necessary based on a competing application.

- If the Minister of Internal Affairs and Communications determines that frequencies for mobile phones and other systems need reassigning to ensure fair and efficient use of radio waves

In addition, the amendment newly establishes a system for allowing requests for reassignment reviews. Under the amended act, information for ensuring fair use of the radio spectrum, such as information on the maximum bandwidth that each business can apply for in consideration of the aggregate bandwidth they already hold, is added as information that is to be included in the establishment guidelines for mobile phones and other systems.

As for (3), the amending act modifies spectrum user fees while taking into account matters such as aggregate expenses for spectrum users’ common benefit in the next three years (FY2022 to FY2024) and the expected operational status of radio stations.

The amendment makes it possible to use spectrum user fees to issue grants for research and development that are aimed at matters such as the realization of Beyond 5G (6G).

As for (4), the amending act adds the ratio of foreign capital and foreign officers as information that is required to be given on applications for certification for basic broadcasting operations, applications for radio station licenses, and elsewhere, and makes it mandatory to provide notifications regarding changes in matters such as the ratio of foreign capital. Moreover, the act arranges for corrective measures upon violation of restrictions on foreign investment.

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The Act Partially Amending the Telecommunications Business Act, which was passed in the 208th Japanese ordinary diet session, aims to ensure the smooth provision of telecommunications services and the interests of the users of the services under the changes in circumstances surrounding telecommunication businesses. It has mainly three pillars: (1) positioning certain broadband services as universal telecommunications services; (2) ensuring proper handling of user information; and (3) ensuring the appropriateness of negotiations between wholesale service suppliers and MVNOs (Mobile Virtual Network Operators) .

Specifically, as for (1), the act contains two main points: (i) it establishes a subsidy system to ensure the stable provision of broadband services in unprofitable areas by positioning certain broadband services as universal telecommunications services; and (ii) it imposes the obligations such as to establish general conditions of contracts and notify the Ministry of Internal Affairs and Communications (MIC) of them, and to provide services in the service areas, for universal telecommunications services.

As for (2), the act contains three main points: (i) it requires telecommunications carriers who have a great influence on the interests of users to properly handle user information that they obtain by creating an internal rule of handling of user information etc.; (ii) if a case where those operating telecommunication businesses transmit telecommunications instructions for the external transmission of user information, it requires them to notify it to its users; and (iii) it newly obliges businesses who provide search engines or social networking services to file a notification with MIC.

As for (3), the act imposes some obligations to particular wholesale telecommunication service suppliers in order to ensure appropriate negotiations between businesses: e.g. to provide the service unless there are justifiable grounds; and to present buyers with information including the methods of wholesale rate calculations.