Pokémon GO and the non-augmented reality of risk

Pikachu and his friends have caused quite a frenzy recently. While people are enthralled with Nintendo’s Pokémon Go, the GPS-based augmented reality (AR) game presents several risks to its developer and its gamers. In his article “Pokémon Go and augmented reality: Not all fun and games,” Milliman consultant Michael Henk discusses some of these AR technology-related risks.

Concerning personal injury risks:

Firstly, AR products like “Go” provides yet another “distraction.” We’re all aware of the dangers of being “distracted.” Texting while driving is illegal in a number of cities and states throughout the country. However, drivers aren’t the only ones being distracted. Distracted walking is a growing problem, one that has arisen naturally with the increasing dependence on mobile electronic devices and one that “Go” is already contributing to. There are anecdotes all over social media about players so engrossed in catching virtual monsters that they’re running into walls and walking in traffic. …

…“Go” may lead to an increase in distraction-caused injuries and pedestrian-vehicle injuries, which is currently the fifth-leading cause of death for children ages 5 to 19. It’s not inconceivable to imagine an incident in which both the driver and the pedestrian are distracted, maybe by the same “rare” Pokémon.

What about cyber risks?

Aside from “IRL” (in real life) dangers, there’s a data security concern with some early installs. Some iOS installs of the software require the user to provide the app with full access to their google accounts, which allows access to their Gmail (theoretically being able to send e-mail from your account), files stored on Google Drive and Google Photos, among other content. The developer has responded and said this was done erroneously, and that permissions will be corrected soon, but it’s important to make sure that users know exactly what programs on their devices have access to. There are other concerns about downloading the program from non-official app stores as well, but that stands for all programs and is definitely not a “Go”-specific concern.

Legal risks?

…There’s a significant risk for trespass with AR games that utilize real-world locations. It remains to be seen whether an AR developer placing cyber-content on your property constitutes trespassing or if AR users are “engaged on a cyber plane on which you have no exclusive property claim.” There’s another legal concern with “attractive nuisance,” which states that property owners are responsible for eliminating dangerous conditions on their property which may attract children. “An individual who fails to rectify an attractive nuisance on their property is civilly-liable to injury a child sustains on it, even if the child was trespassing.” Sounds like something that may happen in the pursuit of a rare Pokémon.

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