Tuesday, February 17, 2015

UK considers regulating wearables & IOT

Privacy and spectrum are both issues for the emerging wearables tech industry. The UK seem to be analysing both.

From: WT VOX.

News from IoT and wearables regulations: Ofcom has joined forces with the government and ICO to develop regulation for the Internet of Things (IoT) across all industry verticals in the UK. Ofcom will work closely with government, the Information Commissioner’s Office and IoT industry in order to understand the range of issues that might affect successful development of IoT in the UK.

Six years ago the number of “things” connected to the internet surpassed the number of people, with experts estimating that in 2015, there will be more than 25 billion connected devices, and by 2020, that number will increase to 50 billion.
It is for this reason that UK regulators, Ofcom and the Federal Trade Commission (FTC) in the US are taking steps to create a regulatory framework that will protect consumers, though they are aware that any decision must be designed in such a way that it does not harm innovation in the technology sector.

Ofcom has taken steps to accommodate the Internet of Things (IoT) market, in a bid to bolster investment, regulations and innovation for IoT and Wearable related technologies. As part of its plans, the regulator is monitoring the IoT’s spectrum needs to identify if additional spectrum is needed and to explore new ways in which to deal with data privacy in IoT and Wearables.

Read the whole article here: https://wtvox.com/2015/02/uk-ofcom-ico-getting-serious-iot-wearables-regulations/

Monday, February 9, 2015

Legal framework for cloud computing

Readers of this blog on innovation policy maybe interested in this commentary from The Conversation. Again as always with these news snippets I have not reproduced the full article - pls follow the link.

From The Conversation

http://theconversation.com/a-new-legal-framework-for-the-age-of-cloud-computing-37055Dan Jerker Author of the original  B. Svantesson Co-Director Centre for Commercial Law at Bond University

The Problem

"Cloud computing, by its very nature, transcends location, geography and territorial boundaries. Data accessed in one country might be stored half way across the world, or even in servers in multiple countries.
International law, on the other hand, sees the world through the lens of various jurisdictions, which are inherently linked to location, geography and territorial boundaries.
So when cloud computing and international law interact, sometimes the results can be highly problematic.
For example, in December 2013 the US government served a search warrant on Microsoft under the Electronic Communications Privacy Act of 1986. The warrant authorised the search and seizure of information associated with a specific web-based email account that is stored at Microsoft’s premises in Dublin, Ireland."

A New Paradigm

"To move forward, we must recognise that the territoriality principle, and the other Harvard Draft principles, are merely proxy principles for underlying core principles. They were, after all, constructed to reflect the legal practise at the time.
Particularly when we are trying to apply the law to novel phenomena that need to become the subject of clear legal rules, we need to cut away the undergrowth of such proxy principles and identify the core principles that are reflected in them. Only then will we be able to focus on the considerations and values that truly are to be balanced.
It seems to me that the essence of the jurisdictional principles currently used may be distilled into three core principles.
Jurisdiction may only be exercised where:

  • there is a substantial connection between the matter and the state seeking to exercise jurisdiction
  • the state seeking to exercise jurisdiction has a legitimate interest in the matter
  • the exercise of jurisdiction is reasonable given the proportionality between the state’s legitimate interests and other competing (state) interests."