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66 Am. U. L. Rev. 1183 (2016-2017)
Little Things and Big Challenges: Information Privacy and the Internet of Things

handle is hein.journals/aulr66 and id is 1227 raw text is: 








                           ARTICLES


   LITTLE THINGS AND BIG CHALLENGES:
        INFORMATION PRIVACY AND THE
                 INTERNET OF THINGS


                 HILLARY   BRILL* AND SCOrJONES*


   The Internet of Things (loT), the wireless connection of devices to ourselves,
each other, and the Internet, has transformed our lives and our society in
unimaginable  ways. Today, billions of electronic devices and sensors collect,
store, and analyze personal information from how fast we drive, to how fast
our hearts beat, to how much and  what we  watch on TV.   Even children
provide billions of bits of personal information to the cloud through smart
toys that capture images, recognize voices, and more. The unprecedented and
unbridled new information flow generated from the little things of the loT is
creating big challenges for privacy regulators. Traditional regulators are
armed  with conventional tools not fully capable of handling the privacy
challenges of the loT.
  A  critical review of recent Federal Trade Commission (FTC) enforcement
decisions sheds light on a recommended path for the future regulation of the
loT. This Article first examines the pervasiveness of the loT and the data it
collects in order to clarify the challenges facing regulators. It also highlights
traditional privacy laws, principles, and regulations and explains why those
rules do not fit the novel challenges and issues resulting from the loT. Then it
presents an  in-depth analysis of four key FTC  enforcement decisions to
highlight how the FTC has and can regulate the loT without undermining the
innovation  and benefits that this technology-and the data it provides-
brings to our society.


    *  Glushko-Samuelson Intellectual Property Practitioner-in-Residence, American
University Washington College of Law.
   **  Senior Associate, Latham & Watkins LLP.


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