Hogan Lovells hosted the most recent installment in its Internet of Things Webinar (IoT) Series. Christine Gateau in Paris and Michelle Kisloff in Washington DC, discussed current regulatory actions and cutting-edge IoT litigation debates in the U.S. and Europe, as well as litigation risks to keep in mind when designing IoT products. In this post, we provide a link to the recorded webinar and slide deck.
Late last month, California Governor Jerry Brown signed the first US Internet of Things (IoT) cybersecurity legislation: Senate Bill 327 and Assembly Bill 1906. Starting on January 1, 2020, manufacturers of regulated connected devices are required to equip such devices with “reasonable security features” designed to protect a connected device and any information it holds from “unauthorized access, destruction, use, modification, or disclosure.” This legislation was prompted by what the bill’s sponsor viewed as a “lack of security features on internet connected devices undermin[ing] the privacy and security of California’s consumers.”
The European Union’s General Data Protection Regulation is driving a regulatory wave to safeguard data against cyber attacks and privacy breaches, and the automobile industry will feel the impact. Autonomous and connected vehicles are essentially “rolling smart devices,” and as they enter the mainstream in the EU and United States, automakers are increasingly reliant on data for safe, efficient vehicle operations. But security and privacy concerns and penalties for regulatory noncompliance demand that manufacturers review their policies — and perspectives — on data storage and use. In this podcast, we will discuss how cybersecurity, data privacy, and ownership concerns are influencing the development of connected and autonomous vehicles.
Following the European Commission and European Parliament’s proposed versions of the EU Regulation on Privacy and Electronic Communications, we are now waiting for the Council of the European Union to agree their position before discussions between the three bodies can begin. A discussion paper from the Bulgarian Presidency of the Council dated 11 January 2018 shows that the Council is still considering multiple options in relation to several critical issues.
Please join us for our November 2017 Privacy and Cybersecurity Events.
Join us tomorrow, October 25 for the next installment of our 2017 Internet of Things webinar series and get practical guidance on privacy compliance challenges presented by the Internet of Things.
On 6 October, the German Federal Cartel Office launched its new series of papers on “Competition and Consumer Protection in the Digital Economy.” The first paper deals with “Big Data and Competition.” The same day, a “real-life example” of competition enforcement in Big Data became public. The EU Commission confirmed unannounced inspections in “a few Member States” concerning online access to bank customer’s account data by competing service providers.
The Federal Trade Commission released an updated guidance document for complying with the Children’s Online Privacy Protection Act. The revised guidance, released on June 21, 2017, explicitly identifies connected toys and other Internet of Things devices as being covered under COPPA and adds clarity to web operators’ responsibility for the activities of third parties, such as ad networks and plug-ins, that collect personal information protected under COPPA. It also includes recently approved methods for obtaining verifiable parental consent.
On August 1, a bipartisan group of four senators introduced a bill that would impose specific cybersecurity requirements on providers of Internet of Things devices when doing business with the U.S. Government and provide liability protections for security researchers who disclose vulnerabilities affecting these devices. Though the bill’s security requirements would apply only in cases where entities are acting as contractors to the U.S. Government, if enacted, it likely would be influential on IoT vendors operating in the consumer context as well. The bill is largely consistent with an ongoing multistakeholder effort led by the National Telecommunications and Information Administration aimed at developing voluntary security standards for Internet-connected devices.
How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This question has taken on new urgency as low-cost Internet-connected devices are increasingly being co-opted into massive networks, known as “botnets,” that are capable of causing widespread disruption.
“Connected” products—not just traditional IT products—are increasingly subject to cyber attacks globally. The question companies are (and should be) asking is no longer whether there will be an attack involving Internet of Things devices and infrastructure, but when. Join us on May 24 for the third installment of our 2017 IoT webinar series and get practical guidance from our international team of cybersecurity lawyers, who will present key elements of Hogan Lovells’ well-received client workshop on this rapidly evolving topic.
With cybersecurity issues evolving rapidly, every minute counts. Our new video series, Your Cyber Minute, is specifically designed for busy in-house counsel to gain practical perspectives – fast. This multi-part series is an extension of our Ready, Set, Respond resource portal and highlights today’s hottest topics in cybersecurity. Tune in to watch the first two installments and get the latest in what you need to know and how to better be prepared.
On January 12, 2017, prior to the new administration taking power, the National Telecommunications and Information Administration within the Department of Commerce released a Green Paper on “Fostering the Advancement of the Internet of Things,” which assesses the technological and policy landscape of the Internet of Things. The Green Paper is expansive in scope, reflecting the broad range of issues raised in comments submitted by stakeholders in the private sector, academia, government, and civil society following NTIA’s April 2016 request for public comment. The Green Paper identifies key issues, and provides recommendations and assessments on the potential benefits and risks that IoT portends. The NTIA identifies cybersecurity, privacy and cross-border data flows as the most significant policy issues. It also proposes four principles for future policy engagement in which the Department would play a central role in creating conditions that would foster IoT growth. The agency also requested additional comments on the issues raised by the Green Paper.
On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of economic asset”, which is essential for innovation and growth. The Commission’s objective is to remove “unjustified restrictions” and “legal uncertainties” in order to facilitate data sharing and innovation.
After all of the 2016 drama, the start of a brand new year is a welcome development in itself – a clean sheet for a script yet to be written. However, 2017 will not be without challenges and the same applies to the world of privacy and data protection. Many of the big issues that arose during 2016 will need to be addressed in 2017. In addition, new questions will no doubt emerge. Here is an overview of the privacy challenges that lie ahead and what can be done about them.
Connected vehicles today are rolling computers able to exchange information wirelessly with manufacturers, other vehicles, and third party service providers to significantly improve safety, efficiency, and comfort for drivers. Many entities are interested in the data these connected vehicles generate and transmit. These entities include dealers and repair shops, vehicle fleet service providers, end-users, infrastructure operators, diagnostics providers, researchers, financial services companies and insurance companies. The European Commission and industry actors in Europe, while recognizing the challenges of wide-spread deployment of these technologies, have taken further steps to develop a regime that facilitates information sharing for vehicle to vehicle, vehicle to infrastructure and other communications by delineating specific actions to take in the near future.
The Internet of Things continues to draw broad interest from policymakers and regulators around the globe. Following on the heels of a major distributed denial-of-service attack in October 2016 that leveraged potentially millions of compromised IoT devices, members of Congress have sent letters to US federal agencies regarding the risks posed by insecure IoT devices and held a hearing about what if anything should be the US federal response to such IoT-driven cyberattacks. Against that backdrop, in November 2016 two US federal agencies have issued guidance on securing IoT.
Please join us for our November 2016 Privacy and Cybersecurity Events.
Some of the largest cyber attacks in recent memory have employed an army of connected home devices to achieve their goals. This co-opting of connected home devices owned by consumers around the world occurs without those consumers’ knowledge or consent. For example, in mid-September, several thousand devices—home routers, Internet-connected video cameras, and digital video recorders—were used to create a “botnet” that collectively pounded the security researcher Brian Krebs’ website with 620 gigabits of data per second. At the time, the attack was thought to be the largest in history. An even larger army was assembled a few days later for an attack on the French hosting provider OVH that peaked at over one terabit of traffic per second. These distributed denial-of-service attacks were successful because they exploited basic security vulnerabilities in connected home devices, such as default passwords used to access administrator settings.
This week, the Online Trust Alliance turned its attention from manufacturers to consumers by releasing a checklist of basic steps that consumers can take to improve the privacy and security “hygiene” of their connected home and wearable devices. Just as smoke detectors require periodic battery changes, the OTA warns that IoT devices also benefit from regular checkups.
The fourth annual Global Privacy Enforcement Network sweep, which focused on Internet of Things devices, found that privacy communications in relation to such devices were generally poor and companies demonstrating good practice were in the minority. Here, we summarize and explore the key findings of the fourth annual GPEN sweep .
Please join us for our October 2016 Privacy and Cybersecurity Events.
Please join us for our September 2016 Privacy and Cybersecurity Events.
On July 25, 2016, Hogan Lovells hosted a Silicon Valley dinner as part of its 2025 dinner series. The theme of the dinner was “I’m from Mars, You’re from Venus: The Tech Community and its Future Relationship with Government”. The discussion, moderated by Deirdre Mulligan of UC, Berkeley, focused on the tech community’s view of regulatory, law enforcement and national security issues, here in the U.S., as well as in Europe; and how the tech industry will be impacted by the upcoming U.S. elections as well as Brexit.
A number of data protection authorities around the globe have issued press releases confirming their involvement in the 2016 global privacy “sweep”, which kicked off on April 11th. This year’s initiative involves a coordinated investigation by 29 DPAs into the practices of internet-connected devices, such as fitness and health trackers, thermostats, smart meters and TVs and connected cars. The work is being coordinated by the Global Privacy Enforcement Network under the leadership of the UK Information Commissioner’s Office.