LAW v IOT – Blog Post 2 – Arguments and Literature Review

RECAP / MAIN ARGUMENT

This project seeks to address how a developing technology interacts with the real world, in exploring this I have chosen to examine how the Internet of Things interacts with the legal system.

The IoT and the legal system demonstrate fundamentally different approaches to development. With an attribute of the IoT being that of rapid development, demonstrating a speed of proliferation indicative of the lightning fast feedback loop that has come to define the technology age. This is juxtaposed by the oft criticised, glacial speed of legal development and change.

Accordingly, an argument that this project seeks to raise is that the uneven, juxtaposing development speeds between the IoT and the legal system results in the creation of gaps of legality, in which aspects areas of the IoT exist in temporary states of non-regulation.

AREAS OF FOCUS

This project hinges upon this primary argument as outlined. Deriving from this base argument, the project seeks to demonstrate that the future of the internet of things will be partially defined by legal regulation, resulting in significant redesign and subsequent development of the IoT, creating a feedback loop of technological development spurred by legal regulation. This project will explore these developments in regards to the following technologies and areas of legality:

  • Smart Homes – use of Smart home data in legal proceedings
  • Wearable IoT – metadata and the determinative future of privacy laws
  • Drones – IoT consumerism and consumer law

RESOURCES – LITERATURE REVIEW

The following resources have been discovered thus far in my research (given the nature of my chosen topic as addressing future legal system developments, the scope of legal peer reviewed journals is somewhat limited):

ABC Law Report – The Internet of Things and the Law

Listening to this broadcast segment was the initial catalyst the provides me with the idea of this project. It provides a succinct definition of the Internet of Things, gives a broad overview of the general issues present in this areas, supports this with a number of engrossing case studying, and is ultimately a textbook example of the why the ABC is the Australian highwater mark for journalistic quality. Its utility to my project, beyond what I’ve just stated, is that of its illustration of the sheer importance and future utility of the IoT in legal proceedings, and as this utility becomes a ubiquity how it will go on to shape our perception of the IoT devices as what we say and how we act around these devices could have legal ramifications.

Internet of Things: A primer for Information Professionals (2015) 29 OLC 7

This peer reviewed journal article analyses the impact of IoT, its growing application and an examination of the privacy and security concerns. Being a peer reviewed resource, its degree of reliability and incorporated research is greater. However its scope of analysis is rather limited, pertaining only to the effect of IoT’s privacy concerns with regard to professionals operating in industries subject to higher standards of privacy compliance and protection.

ConsumeR-IOT: where every thing collides

This peer reviewed journal articles examines the difficulties to be faced in the Australian consumer landscape due to the rapidly proliferating internet of things exacerbating the legislative shortcomings of Australian Consumer Law. Being one of the few peer reviewed journals exploring the interaction of the internet of things with Australian law, the value of this source is significant, even though it examines a relatively niche area of regulation.

Additional sources:

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