Hyperconnected Law – Regulatory Landscape for the Internet of Things

PI: Mr. Ido Kilovaty. 

The underlying hypothesis of this paper is that advancement in IoT technologies will transform our lives entirely. At the same time, from a regulation perspective, there are administrative and jurisdictional difficulties in safeguarding privacy and security in the IoT context. In a world of hyper-connectivity, these challenges will be exacerbated, requiring a more systematic approach, and careful regulatory planning.

The paper will proceed in four parts. In Part I, I will discuss the phenomenon of IoT, and provide data on the trajectory of this sector. Part II will focus on the threats posed by IoT under the current inadequate regulatory regime. In Part III, I will analyze the current shortcomings of IoT regulation – mainly inter-agency conflicts (FCC v. FTC),7 Section 1201 of the Digital Millennium Copyright Act exemptions,8 and ambiguous security and privacy standards. Finally, Part IV offers a regulatory regime for IoT, taking into consideration the myriad administrative, jurisdictional, security, and privacy challenges posed by the emergence of the IoT landscape. This Part will highlight the need of a centralized authority to complement specific agencies, such as the FTC, FCC, FDA, and DHS. In addition, this concluding Part will address the degree of regulatory flexibility required in order to create a safe and reliable IoT environment.