When it comes to data protection, few people read everything thoroughly before clicking “agree.” However, when it comes to sex robots and data protection, many people pay more attention. This includes employees of the Lower Saxony Ministry of Economic Affairs, the Niedersachsen.nextDigital Agency, and the Leibniz University Hannover, who organized the event “Sex Robots: When AI Seduces – Legal and Ethical Considerations.” In an interview with heise online, IT and data protection lawyer and robot ethics lecturer Iris Phan discusses sex robots, data protection, and AI.
Why are sex robots a good way to introduce people to the topic of data protection?
Iris Phan: Sex robots spark curiosity. Any data related to our sexual life triggers a natural instinct to protect it because it is one of our most intimate areas. Previously, the attitude was often “I have nothing to hide,” but now most people are more aware of data protection.
What exactly is a sex robot?
There are traditional sex dolls made of materials like plastic, silicone, or latex. The robot’s head contains cameras to recognize users, microphones for conversation, and sensors in intimate areas to detect certain patterns. The sensors are particularly interesting. Cameras and microphones are familiar from other devices like smartphones or voice assistants. Sensors in a vaginal insert can record usage frequency or speed. When people realize this, they often start thinking about whether they want to share such data.
What about smart sex toys? A few years ago, wearables that tracked thrust frequency entered the market. Many toys can be connected to apps. From a data protection perspective, do you think our vibrators are spying on us?
From a data protection standpoint, I would advise against connecting them to apps. There have been several data breaches. The data is intriguing and can be used for blackmail, making it lucrative.
Do we know where these intimate data end up?
We can probably deduce it from the manufacturers’ production sites. Major companies are in Japan, South Korea, and North America, which are considered third countries under the GDPR. Although some have comparable data protection standards, their servers are not located here. Many manufacturers of the materials used for robot coatings are based in China.
The question of personality rights is also interesting, especially with AI. There was a case with Scarlett Johansson against OpenAI because the AI voice assistant sounded too similar to her. What is the current legal situation? Could someone use messages from an ex to create a robot or chatbot based on them?
It depends. Chats are only protected under copyright law under certain conditions. If the result is used privately, it might be unpleasant and creepy but not illegal. Public use is a different matter.
Important ethical and legal questions arise with activities performed on sex robots that are socially undesirable or illegal with humans, such as violence or paraphilias. Are these dolls a “gateway drug” or do they serve as a vent?
This question cannot be answered generally. The study situation is sparse, especially on taboo topics. Few would voluntarily reveal themselves as pedophiles in a study setting. Researchers on this topic often face threats or defamation. The issue is highly politically charged, and we can expect backlash. In Germany, a law was passed before the 2021 federal election imposing severe penalties for importing, distributing, and possessing child-like sex dolls, with up to five years imprisonment. These are “just” dolls, but their purpose is determined by us. For example, reborn dolls are lifelike with all body openings but are used to work through trauma, which is morally evaluated differently.
This example and the comparison with reborn dolls show that the policy was not well-informed scientifically and reacted reflexively to something unknown. The reaction seems irrational and poorly thought out, as if they encountered a voodoo doll.