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There are large implications for this technology within the legal field. Legally, The [[Federal Trade Commission]] has a responsibility to prevent deceptive practices by technology companies, such as those that could lead to consumer injury.<ref name=":6">{{Cite journal|last=Hoofnagle|first=Chris Jay|date=1 September 2017|title=FTC Regulation of Cybersecurity and Surveillance|location=Rochester, NY|ssrn=3010205}}</ref> The FTC has made efforts to prevent invasive [[web tracking]], tracking in physical space, [[malware]], insecure and poorly designed services, and the use of deception to engage in surveillance.<ref name=":6" /> For instance, in the realm of invasive web tracking, the FTC has brought lawsuits against companies who engage in 'history sniffing'––a technique that enables companies to ascertain which links a user clicked on based on the color of the link.<ref name=":6" /> Concerning tracking in physical space, the FTC has also cracked down on Nomi, a company that scans the [[MAC address]]es of customers' phones in stores.<ref name=":6" /> MAC addresses function as a [[unique identifier]], enabling the connection to wireless networks.<ref name=":6" /> In the case of malware, the FTC has placed pressure on companies such as CyberSpy, a self-proclaimed email attachment company that claimed to secretly record users' key presses.<ref name=":6" /> The FTC has also cracked down on companies like Compete, a browser toolbar, because it decrypted users' personal information on the internet, putting users at risk.<ref name=":6" /> Lastly, in cases during which deception is used to engage in surveillance, the FTC has investigated private investigators, who surveil individuals on another person's behalf.<ref name=":6" /> In addition, audio beacon technology, used by an application called Silverpush, could violate the FTC's policies because users were not made aware as to when the ultrasonic signals were being recorded.<ref name=":6" />
Another scholar believes that the convergence between lived experience and online technology is creating a term called [[Mixed reality]], in which people and things are replaced with virtual experiences.<ref name=":22">{{Cite journal|last=Fairfield|first=Joshua A.T.|year=2012|title=Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life|journal=Berkeley Technology Law Journal|volume=27|issue=1|pages=55–116|issn=1086-3818|jstor=24119476}}</ref> Mixed Reality technologies can pose legal challenges in that laws which govern the online world will also extend to the real world.<ref name=":22" /> In addition, data tagging––often through GPS, [[location-based services]], or even [[near-field communication]] (NFC)––is the new technology at the heart of mixed reality, since people's data is determined in part by their location.<ref name=":22" /> Near-field communication enables devices to transmit data to each other with a certain range.<ref name=":22" /> Virtual reality can become a privacy issue because it attempts to immerse users into the virtual environment by recording a user's every sensation.<ref name=":22" /> In turn, mixed reality's amalgamation with daily tasks suggest that it will be implicated in numerous legal issues ranging from [[copyright law]] to [[intellectual property law]].<ref name=":22" /> Customers are also being denied a voice in contracts, since only corporations set the rules by which individuals' private information is mined and extracted.<ref name=":22" /> The solution to these issues, according to scholars, are opt-in controls to police users' privacy that enable balance to be restored to the law, particularly as it stands regarding contracts.<ref name=":22" />
Ethically, Zuboff points to the extraction, commodification, and analysis of private human experiences as well as increased surveillance––which is sometimes hidden––in everyday life as violating users' rights to privacy.<ref name=":52"/> The usage of surreptitious methods, in which the user is unaware of the extent to which he or she is being tracked, brings tracking mechanisms––such as cookies, flash cookies, and web beacons––into the ethical realm as well since users are not being informed of this tracking perhaps as often as they should.<ref name=":113" />
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