The Transformative Impact of the Age of Digitalization on Law and the Legal Profession and the Digital Transformation of Law - Zeki Ersoy

SUMMARY

  

Technology is taking up a new place in our lives every day, but more than that, it is taking up a new life for us. A person now finds himself in more than one life. For example social media. 

Today, on social media, people are living a life they have never lived, a life without sadness. Even this brings new legal regulations. So how much more will this media develop and what kind of life will it offer us? There are not only social media but also games that offer us new lives, so the question should be asked like this: how many more lives will we live? Football, which used to be played on the street, has now moved to the virtual environment. Comic books that used to come out in the past have turned into cartoon series, which have turned into movies, which have turned into games. Star wars, Marvel. DC have established their own universes and they make us live in these universes with the transformations I mentioned. In other words, in the past, feeling yourself as a football player or a superhero depended on your capacity to use your imagination. Nowadays, it is possible with the games we immerse ourselves in in front of the computer, playstation. What about now! You may say that now we are living different lives with computers and playstations, you are right, they are still very active but they are not today's technology and they will start to lose their popularity in the future. I am not saying that it will happen immediately, even computers did not become widespread immediately, it needs a certain amount of time. It is difficult to predict how long it will take for people of my age to get used to this in a period when technological life and adaptation to this life is so fast. There are even those who are already used to it. Even we are stepping into this world little by little, even if not completely.We are getting virtual money, virtual arts, so we are getting virtualized little by little. While all these innovations are happening, we are still aware that we are in real life. We don't want to dream, we want to live in a dream. For that we need to lose our awareness of real life. That's why the invented world is the Metaverse. This word, which means beyond the universe in Turkish, has already started to enter our lives. A cyber galaxy where physical reality and augmented virtual reality merge. Human beings, who couldn't escape from Earth by moving to Mars, are trying to escape from the universe this time. As I said, there are already people escaping from this universe. Here they have already made a home for themselves here and they are calling us too. One of them is Facebook, the company that owns our social media life. It is currently working on virtual glasses that send us to the Metaverse and plans to invest 5 billion dollars in the Metaverse every year. Other people are looking to build a virtual exhibition for million-dollar NFTs and have worked with world-renowned architects for this project, which is said to be opened on November 4, 2021, and there will be virtual concerts and virtual meetings.I made a vague sentence like this for this project, which I could not find whether it was done or not in my research. Not only companies but also countries will be involved in this business. The South Korean government announced the Metaverse alliance. South Korea has made such a project to promote this virtual world to local companies. It can be seen on YouTube that this universe has attracted interest and land has already been bought. Nowadays, the virtual world, which has created a million-dollar economy and started to take place in legal systems, is now seeking to completely disconnect people from the real world and live only within itself. The metaverse, which has grown with such a high level of support, has already affected architects, artists, content producers, companies, governments, almost all of humanity, and seems to have started to take hold in life. Of course, it is not possible for the law, which is the source of life itself and whose interlocutors are human beings, not to be affected by this. At the moment, this seems to be the technology that will affect the future of law and the legal profession the most. 

In the near future, law offices could be set up in this Metaverse universe. A lawyer can come to the office from a small room at home with virtual reality goggles. Thanks to the avatars created in virtual environments, the blonde, suit-clad lawyer in the virtual world can become a brunette, pajama-clad man in the real world. This may cause his client and colleagues not to recognize him in real life. Courthouses can be set up in this universe and perform their activities in this universe. Lawyers, prosecutors, judges, defendants and plaintiffs can gather in a courthouse in this universe and finalize the case. The science of law can also make laws in accordance with this virtual universe, after all, the events there have a real-life equivalent; the virtual money we receive, the virtual works of art; the decisions taken in our virtual meetings have a value in real life. The virtual universe may have fraudsters, thieves and murderers. You may find the murderer exaggerated, but killing people's virtual lives through viruses can be considered murder. The criminal who is punished in real life can also receive a life ban in virtual life. These criminals can leave minimal traces behind them with the fake identities they create for themselves. This will make the legal system very difficult to find the criminal. Not only that, people's private lands in the metaverse can be subject to inheritance law. They can tax real or virtual governments for these properties. People can incur debts in this universe, which can be subject to the law of debts. Their virtual properties can be enforced against their debts. A branch of private law called cyber law and cyber criminal courts can be established in virtual courthouses. Countries can be established in this universe and conflicts can arise between them. These states can be virtual territories of real-life states, or they can be states that do not exist in reality, but only in the virtual world. If real states expand their territory virtually, these virtual territories may cause changes in the country's constitutions. For example, in the election procedure, a person who is an American citizen in reality can become a Turkish citizen in the virtual world, which can cause the vote of someone who is a Turkish citizen both in reality and in the virtual world to be counted as 2, while the vote of someone who is a Turkish citizen only in the virtual world is counted as 1. Ballot boxes can also be set up in this universe. Even real-life countries can wage one leg of their wars from here, that is, war can break out between virtual countries. This could lead to virtual law between nations. Speaking of war, let alone wars in the metaverse, cyber wars can also break out in real life. Today, states prefer wars fought remotely with minimal manpower, rather than in hot contact. Unmanned technologies and spy programs are developing today. In the future, countries will try to collapse each other's systems through cyber-attacks and countries may invade each other in this way. Countries can cut each other's electricity, natural gas and neutralize their weapons through virtual attacks. Of course, this could affect diplomacy and lead to the emergence of cyber diplomacy. These cyber attacks can occur not only between the armies of countries but also between civilians. One person can commit cyber assassination, fraud, property damage against another person. One person can hack into the brain of another person's car and kill them in an accident. In short, the development of cyber crimes and cyber wars will push the law to new rules and measures. One of the technologies that will affect the law is artificial intelligence technology. Today, states prefer wars fought remotely with minimal manpower, rather than in hot contact. Unmanned technologies and spy programs are developing today. In the future, countries will try to collapse each other's systems through cyber-attacks and countries may invade each other in this way. Countries can cut each other's electricity, natural gas and neutralize their weapons through virtual attacks. Of course, this could affect diplomacy and lead to the emergence of cyber diplomacy. These cyber attacks can occur not only between the armies of countries but also between civilians. One person can commit cyber assassination, fraud, property damage against another person. One person can hack into the brain of another person's car and kill them in an accident. In short, the development of cyber crimes and cyber wars will push the law to new rules and measures. One of the technologies that will affect the law is artificial intelligence technology.

Zeki ERSOY