The Internet of Things: Legal Realities

The Internet of Things: Legal Realities

Theophilus Aigbogun
DOI: 10.4018/978-1-7998-9312-7.ch009
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Abstract

The technology space has seen the emergence of several buzzwords, including but not limited to artificial intelligence, big data, the internet of things, and robotics. This chapter seeks to discuss the concept of the internet of things and break the very gigantesque details into understandable bits. It examines the concept of the internet of things from the standpoint of a legal practitioner who is practicing in any given jurisdiction and talks about the legal issues that attend the internet of things. Due to the fact that the internet of things refer to the interconnectivity of devices, the legal issue of data privacy and protection is discussed. Other issues like antitrust and ‘who-bears-liability' are also equally discussed. A brief insight is equally given along the lines of how these legal issues preclude the smooth rolling out of these technologies in cross-border terms and how industry players are attempting to deal with the issues.
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Introduction

Recently, the realms of Technology and Artificial intelligence has seen a quantum leap in its development. A major aspect of Technology that is presently tangibly operational in the world is the Internet of Things, and is not without its attendant legal issues. The Internet of Things is the interconnectivity of devices by way of the Internet, and an environment of data-collecting sensors with unique identifiers which can interact with each other through the transference of data. Oracle (2022). The functionality of IoT devices has displaced the need for human-to-human or human-to-computer interaction because IoT devices can in, and by themselves, interpret data transferred between each other.

According to Statista, there are expected to be more than 30.9 billion IoT devices worldwide by 2025. Vailshery (2021). Also, about 127 IoT devices have been estimated to connect to the internet every second. Steward (2022) The advent of the Internet of Things has brought about several leaps and bounds. Devices like fitness bands, smart electric grids with sustainable energy solutions are all part of the IoT ecosystem. Diverse devices have become internet enabled, including, but not limited to smart refrigerators, smart lighting systems, and smart homes. A focal point to note is that these internet-enabled devices facilitate communication and interaction between themselves. These kinds of interactions are known as machine-to-machine or M2M interactions. These kinds of interactions substantially, or totally, eliminate the need for human intervention.

The Internet of Things essentially relates to Internet-connected devices, which may collect user data and conduct analytics. Recent trends and developments have however shown that the Law is still trying to evolve along the lines of the Internet of Things, and that there are diverse legal issues which have permeated and are still very much permeating the IoT space. The core issues which will be discussed in this paper are the issues of Data Privacy and Protection, Antitrust, and the determination of who bears liability when it has to do with breach of regulations in the IoT space.

This paper aims to:

  • 1.

    Explain the concept of the Internet of Things

  • 2.

    Identify the legal issues which are associated with the Internet of Things

  • 3.

    Give a brief insight as regards how these legal issues are affecting the seamless growth of the Internet of Things across the globe

  • 4.

    Shed light on how industry players are dealing with these regulatory issues 5. Giving recommendations on how to deal with these issues

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The economic impact of the Internet of Things is gigantic. It is the foundation for new innovations with a couple of benefits. IoT technologies represent $14 trillion (Bradley, Barbier, Handier, (2013) of value creation in a decade. Moreover, as a disruptive sector, the IoT opens up real opportunities for creatives who are seeking to distinguish themselves in the IoT space. In addition, IoT increases labor productivity and overall growth. Worthy of note is the fact that the full potential of the Internet of Things is yet to be discovered. In the realm of the Internet of Things, there are some legal issues with exist. It is important that these issues are dealt with in order to forestall anarchy, and to maintain law and order along the lines of the Internet of Things.

Key Terms in this Chapter

Regulation: A rule or a directive which is made and maintained by an authority.

Antitrust: A legislation against trusts or combinations. It is a body of laws which are enacted to protect trade and commerce from unlawful restraint and monopolies or unfair business practices.

Liability: The state of being legally responsible for something.

Artificial Intelligence: This is the ability of a digital computer or a computer controlled robot to perform tasks which are commonly associated with humans.

Data Privacy: This is the right and ability of individuals to control how their personal information is being used.

Internet of Things: The internet of things is a system of interrelated, internet connected objects which are able to collect and transfer data over a wireless network without human intervention.

Monopoly: This is the exclusive possession or control of the supply of, or trade in a given commodity or service.

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