ABSTRACT
For regulators, it is the emergence of a new technology rather than the commission of a crime that starts the process. With augmented reality, there might be beneficial applications in, say, the military and in policing, as well as in health and medicine. In those cases, regulators need to be confident that the further research and development of the technology is not impaired by limitations in the IP regime or by excessive ex ante safety checks or onerous ex post liability. When the regulators turn to risk assessment, they will have a list of, so to speak, the usual suspects. Even if a crime drama is usually over once the offender has been detected and convicted, the regulatory drama can continue. The use of augmented reality or deepfakes might evolve in ways that were not anticipated, the benefits and risks might not turn out in the ways that were expected, and the regulation is no longer properly connected or sustainable.
