The misuse of biometric and personal data collected from gamblers by AI is a major concern over the use of the technology in gaming, a legal expert told AGB.
Hugo Luz dos Santos, a Professor of Law at the University of Macau and the City University of Macau, has recently published a legal analysis, titled “Artificial Intelligence and Gaming Law: A Look at Biometric Surveillance.”
In this work, he examines the impact of excessive artificial intelligence (AI) use in the gaming industry, identifying several significant risks.
“The article discusses the rapid emergence of new technologies, particularly AI, within the gaming sector,” Santos explained to AGB. The legal expert warns about the “numerous harms arising from a widespread and unbalanced application of AI”, which could have serious implications for players and the industry alike.
One of the main concerns highlighted by Santos is the potential misuse of biometric data collected from players.
“The excessive use of AI involves the improper collection of biometric data, which can be exploited for unethical purposes, such as blackmail or selling this data to insurers and data brokers.”
Hugo Luz dos Santos
He provides an example from Canada, where a gambler claimed a link between certain medications and a propensity for compulsive gambling.
“The casino, through biometric surveillance, was aware of this connection long before it became public during a court case”, Santos told AGB. “This raises serious ethical concerns about privacy and the responsibility of gaming establishments.”
Santos also discusses the potential “chilling effect” of biometric surveillance on players. “If players understand the level of intrusion casinos have into their personal and professional lives, they may hesitate to visit casinos frequently,” he warns.
This presents a paradox: while biometric surveillance is designed to protect the industry’s financial interests, it may ultimately deter recreational players due to privacy concerns.
Moreover, he introduces the concept of Brain-Computer Interfaces (BCIs), which he describes as the latest evolution in digital technology.
“BCIs can exponentially enhance players’ cognitive abilities, particularly in card counting and shuffle tracking,” he explains. These devices pose significant challenges for casinos, potentially undermining the traditional notion that “the house always wins.” Santos notes that BCIs could lead to increased illicit gambling and substantial reputational damage for the industry.
Regarding regulatory measures, Santos criticized the recent legislation on illegal gaming advanced in Macau for not adequately addressing the implications of BCIs.
“The upcoming law could have gone much further in addressing the legal and penal treatment of this game-changing technology,” he asserts. He also emphasizes the need for judicial recognition of emotion recognition technology, which could alter evidentiary assessments in gambling-related cases.
Despite these concerns, Santos acknowledges that not all uses of AI are detrimental. He emphasizes the potential for AI to combat problem gambling. “There is a significant body of thought within applied psychology that supports the responsible use of AI in the gaming industry,” he states.
“When employed correctly, AI can help mitigate compulsive gambling behaviors, both in banked and non-banked games.” However, he acknowledges that the gaming industry may not always prioritize these solutions. “The challenge is that this approach may not always align with the industry’s interests for obvious reasons,” he adds.
His insights on AI and responsible gambling are further elaborated in his earlier work, “Responsible Gambling: The Interdisciplinary-Based Model,” published in the UNLV Gaming Law Journal.
When asked about his motivation to focus specifically on biometric surveillance in casinos, Santos remarked on the urgency of the topic.
“Biometric surveillance is a reality in the gaming industry that will soon expand into all aspects of our daily lives,” he warns, with this urgency being what inspired him to write his legal analysis.
This recent work is also part of a broader scientific investigation he conducted for his book “Contract Law in Gaming: A Dual Perspective,” published in 2023.
