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How virtual reality pigs could change the justice system forever

Lawyers in Canda are aiming to defend their client by asking the judge to don a virtual reality headset and experience the life of a pig.

“These are not humans, you dumb frickin' broad.”

Those were the words truck driver Jeffrey Veldjesgraaf said to animal rights activist Anita Krajnc on 22 June 2015 as she gave water to some of the 190 pigs in his slaughterhouse-bound truck. This week, 49-year-old Kranjc appeared at the Ontario Court of Justice charged with mischief for the deed, which she argues was an act of compassion for the overheated animals. To prove this, her lawyers hope to show a virtual reality video of a slaughterhouse to the judge, David Harris. Pigs might not be humans, but humans are about to become pigs.

“The tack that we’ve taken recognises that Anita hasn’t done anything wrong,” said one of her lawyers, James Silver. Along with testimony from environmental and animal welfare experts, her defence hope the virtual reality experience, which is planned for when the trial resumes in October, will allow Harris to understand Kranjc’s point of view. Via the pigs’ point of view.

It’s safe to say that the simulated experience of being a pig in a slaughterhouse will not be a pleasant one. iAnimal, an immersive VR video about the lives of farm animals, launched earlier this year and has already changed attitudes towards meat. But whether or not Harris becomes a vegetarian after the trial is not the most pressing aspect of this case. If the lawyers get their wish to bring a VR headset into the courtroom, they will make legal history.

“Virtual reality is a logical progression from the existing ways in which technology is used to illustrate and present evidence in court,” says Graham Smith, a technology lawyer and partner at the international law firm Bird & Bird.

“Graphics, charts, visualisations, simulations and reconstructions, data-augmented video and other technology tools are already used to assist courts in understanding complex data and sequences of events.”

Researchers have already been looking into the ways VR can be used in courts, with particular focus on recreating crime scenes. In May, Staffordshire University launched a project that aims to “transport” jurors into virtual crime scenes, whilst in 2014 researchers at the Institute of Forensic Medicine in Switzerland created a 3D reconstruction of a shooting, including the trajectory of a bullet. Although this will help bring to life complex evidence that might be hard to understand or picture in context, the use of VR in this way is not without its flaws.

“Whether a particular aid should be admitted into evidence can give rise to argument, especially in criminal trials involving a jury,” says Smith. “Does the reconstruction incorporate factual assumptions or inferences that are in dispute, perhaps based on expert evidence? Does the reconstruction fairly represent the underlying materials? Is the data at all coloured by the particular way in which it is presented? 

“Would immersion aid a jury's understanding of the events or could it have a prejudicial impact? At its core, would VR in a particular case add to or detract from the court's ability objectively to assess the evidence?”

The potential for bias is worrying, especially if the VR video was constructed from witness testimony, not CCTV footage or other quantitative data. To avoid bias, feasibly both the defence and prosecution could recreate an event from different perspectives. If the jury or judge experience the life of a distressed pig on its way to be slaughtered, should they also be immersed in the life of a sweaty trucker, just trying to do his job and panicked by a protester feeding his pigs an unknown substance from a bottle?

“These are not new debates,” says Smith. “Lawyers are used to tackling these kinds of issues with the current generation of illustrative aids. Before too long they will find themselves doing so with immersive VR.”

It seems safe to trust, then, that legal professionals will readily come up with failsafe guidelines for the use of VR in order to avoid prejudice or bias. But beyond legal concerns, there is another issue: ethics.

In 2009, researchers at the University of Leicester discovered that jurors face trauma due to their exposure to harrowing evidence. “The research confirms that jury service, particularly for crimes against people, can cause significant anxiety, and for a vulnerable minority it can lead to severe clinical levels of stress or the symptoms of post traumatic stress disorder,” they wrote.

It’s easy to see how this trauma could be exacerbated by being virtually transported to a scene and watching a crime play out before your eyes. Gamers have already spoken about panic attacks as a result of VR horror games, with Denny Unger, creative director of Cloudhead Games, speculating they could cause heart attacks. A virtual reality murder, however virtual, is still real, and could easily cause similar distress.

Then there is the matter of which crimes get the VR treatment. Would courts allow the jury to be immersed in a VR rape? Despite how harrowing and farfetched that sounds, a virtual reality sexual assault was already screened at the 2015 Sundance Film Festival.

For now, legal professionals have time to consider these issues. By October, Kranjc’s lawyers may or may not have been allowed to use VR in court. If they are, they may change legal history. If they’re not, Kranjc may be found guilty, and faces six months in jail or a $5,000 fine. 

Amelia Tait is a technology and digital culture writer at the New Statesman.

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Marcus Hutchins: What we know so far about the arrest of the hero hacker

The 23-year old who stopped the WannaCry malware which attacked the NHS has been arrested in the US. 

In May, Marcus Hutchins - who goes by the online name Malware Tech - became a national hero after "accidentally" discovering a way to stop the WannaCry virus that had paralysed parts of the NHS.

Now, the 23-year-old darling of cyber security is facing charges of cyber crime following a bizarre turn of events that have left many baffled. So what do we know about his indictment?

Arrest

Hutchins, from Ilfracombe in Devon, was reportedly arrested by the FBI in Las Vegas on Wednesday before travelling back from cyber security conferences Black Hat and Def Con.

He is now due to appear in court in Las Vegas later today after being accused of involvement with a piece of malware used to access people's bank accounts.

"Marcus Hutchins... a citizen and resident of the United Kingdom, was arrested in the United States on 2 August, 2017, in Las Vegas, Nevada, after a grand jury in the Eastern District of Wisconsin returned a six-count indictment against Hutchins for his role in creating and distributing the Kronos banking Trojan," said the US Department of Justice.

"The charges against Hutchins, and for which he was arrested, relate to alleged conduct that occurred between in or around July 2014 and July 2015."

His court appearance comes after he was arraigned in Las Vegas yesterday. He made no statement beyond a series of one-word answers to basic questions from the judge, the Guardian reports. A public defender said Hutchins had no criminal history and had previously cooperated with federal authorities. 

The malware

Kronos, a so-called Trojan, is a kind of malware that disguises itself as legitimate software while harvesting unsuspecting victims' online banking login details and other financial data.

It emerged in July 2014 on a Russian underground forum, where it was advertised for $7,000 (£5,330), a relatively high figure at the time, according to the BBC.

Shortly after it made the news, a video demonstrating the malware was posted to YouTube allegedly by Hutchins' co-defendant, who has not been named. Hutchins later tweeted: "Anyone got a kronos sample."

His mum, Janet Hutchins, told the Press Association it is "hugely unlikely" he was involved because he spent "enormous amounts of time" fighting attacks.

Research?

Meanwhile Ryan Kalember, a security researcher from Proofpoint, told the Guardian that the actions of researchers investigating malware may sometimes look criminal.

“This could very easily be the FBI mistaking legitimate research activity with being in control of Kronos infrastructure," said Kalember. "Lots of researchers like to log in to crimeware tools and interfaces and play around.”

The indictment alleges that Hutchins created and sold Kronos on internet forums including the AlphaBay dark web market, which was shut down last month.

"Sometimes you have to at least pretend to be selling something interesting to get people to trust you,” added Kalember. “It’s not an uncommon thing for researchers to do and I don’t know if the FBI could tell the difference.”

It's a sentiment echoed by US cyber-attorney Tor Ekeland, who told Radio 4's Today Programme: "I can think of a number of examples of legitimate software that would potentially be a felony under this theory of prosecution."

Hutchins could face 40 years in jail if found guilty, Ekelend said, but he added that no victims had been named.

This article also appears on NS Tech, a new division of the New Statesman focusing on the intersection of technology and politics.

Oscar Williams is editor of the NewStatesman's sister site NSTech.