2018LLB071 - 9TH Semester It Law Project

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TITLE OF THE PROJECT

Legal and Ethical Aspects of Internet of Things and Toys

By

Name of the Student: Rahul Krishna Reddy P.

Roll No.: 2018LLB071

Semester: 5th Year (9th Semester)

Subject: IT Law

Name of the Program: 5 year (B.A., LL.B. )

Name of the Faculty Member: Prof. Dr. Sree Sudha Ma’am

Date of Submission:

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ACKNOWLEDGEMENT

I would like to give my sincere thanks to Prof. Dr. Sree Sudha Ma’am for providing
clarity of concepts. I would also like to thank the library staff of DSNLU for
providing me with the correct knowledge for completion of the research required for
the topic and my parents for their constant support and guidance.

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TABLE OF CONTENTS

INTRODUCTION ......................................................................................................... 4

APPLICATIONS OF IOT ..........................................................................................................5

WHAT ARE THE PROBLEMS ASSOCIATED WITH IOT ...................................................8

LEGAL CHALLENGES IN INDIA ........................................................................................11

HOW FAR DOES THE PERSONAL DATA PROTECTION BILL ADDRESS THE ISSUES
OF PRIVACY AND SECURITY? ..........................................................................................16

RECENT NEWS ......................................................................................................................17

CONCLUSION ........................................................................................................................18

BIBLIOGRAPHY ....................................................................................................................18

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INTRODUCTION

What if you are super tired after working 8 hours at the office and while returning
back you have a thought hoping that if it could be possible to switch on the AC of
your room from the car itself so that it gets cool when you reach home and you can
take rest directly also if it could be possible that you get a strong coffee as you prefer
as soon as you reach home. Imagining this situation in today’s world is possible due
to the advancement of technology and the Internet of Things. You can really get those
two things as soon as you reach home.

New innovation has managed clients with the capacity to check the status of their
home security from their cell phones, to start their vehicles with a cell phone app, to
turn on your preferred espresso machine to get coffee without really making it and to
remotely open and close their entrance door from anywhere on the planet. These
advancements are turning out to be a part of what is known as the Internet of Things
(IoT). In its most essential sense, the IoT alludes to the connection of everyday
ordinary items such as televisions, appliances, gym equipment, etc to the Internet. It
empowers the constant checking and immense collection of information about
property, individuals, plants, and animals.

The analyst firm Gartner says that by 2020 there will be 20 billion connected devices,
which is obviously a lot of connections. The IoT is a mammoth system of associating
the connection between people to people, people to things, and things to things.
Though it likewise raises certain legal concerns and difficulties at the same time. But
its popularity in demand and usefulness overshadows the issues. 1

OVERVIEW

Internet of Things (IoT) is a rambling arrangement of innovations that cannot be


defined in a single definition. One functional view outlines IoT as the utilization of
system associated gadgets, inserted in the physical condition, to improve some current
procedure or to empower another situation not which was not possible previously.

These gadgets, or things, associate with the network to give information they
assemble from the environment through sensors, or to permit different systems to
connect and follow up on the world through actuators. They could be connected
variants of regular items you may as of now be acquainted with or new and purpose-
built gadgets for functions not yet realized. They could be gadgets that you already
have and take away with you or probably keep at your home, or they could be inserted
in factory equipment, etc. Each one of them can change over significant data from this

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https://medium.com/@legalresolved/internet-of-things-legal-perspective-risk-challenges-
cd98b7a05bf7

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real-world into computerized information that gives expanded perceivability into how
users interact with items, administrations, or applications.

The internet of things is a registering idea that portrays a situation where consistently
physical items are associated with the web and can distinguish themselves from
different gadgets or processes, by means of an IP address. The IoT is important in
light of the fact that an item that can represent itself digitally becomes something
greater than the item by itself. No longer does the item simply identify with the
procedure; it now interfaces with encompassing items and database information,
allowing ‘big data’ investigation and bits of knowledge.

Adding knowledge by means of sensors and other equipment parts to the physical
gadgets for empowering connectivity between them has been bantered since the
1980s. Be that as it may, we were only able to go to the extent of web associated
vending machines. The obstruction was costly components, bulkier PC chips, and
conflicting web accessibility.

At that point, the introduction and selection of RFID labels to some degree assisted in
controlling the issue. Additionally, the selection of IPv6 helped the plan to advance
further. In the year 1999, Kevin Ashton authored the term ‘Internet of Things’, yet it
took almost a decade for this technology to cope up with the thought. RFID labels
were added to sorts of hardware to track their location and that was one of the primary
applications of IoT. From that point forward, costs have been succumbing to the
sensors, equipment, and web connection, making ready to interface potentially
everything to the web.

Gradually and consistently IoT has begun developing from just manufacturing and
businesses to homes and workplaces. Presently, the vast majority of the regions are
potentially associated with the internet permitting IoT to rise as one of the most
essential advancements in the coming years.

APPLICATIONS OF IOT

Smart homes

At the point when one talks about IoT Applications, Smart Homes are presumably the
principal thing that is considered. The best model is Jarvis, it is personal home
automation, and the Facebook founder Mark Zuckerberg has created one for his
home. One more example to be considered is Allen Pan’s Home Automation System
where works in the house are impelled by utilization of a string of melodic notes.

Smart homes are generally in vogue among all the applications. The vision of a smart
home is to control home apparatuses including lights, water stream from taps, home

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security, and wellbeing. House proprietors get an opportunity to control and screen
these activities from their so-called smartphones.2

What if you have mistakenly forgotten to turn off the water tap and you have left the
house, you can simply turn the tap off from your smartphone. Smart homes permit
you to deal with all your home gadgets from one spot. Another example can be
WeMo by Belkin which allows clients to control power, home appliances, water, and
WiFi from a smartphone.

There are likewise devoted smart home centre points that are offered as independent
stages to interface diverse smart home items and these incorporate the Amazon Echo,
Google Home, Apple’s Home Pod, Samsung’s SmartThings Hub, etc.

Health and fitness

IoT gadgets can be utilized to empower remote wellbeing checking and emergency
notification frameworks. The IoT gadgets, for example, wellness trackers help to
follow the client’s day to day exercises, for example, resting patterns, pulse rate,
patterns of movement, statistics of exercises, calories burnt, and so forth. For
example, Hexoskin is a type of garment that screens breathing volume, breathing
rates, pulses, and even tracks sleeping patterns of a user. Similarly, Fitbit is a fitness
gadget that keeps track and takes part in the continuous observation of a client’s
travelling distance, stairs climbed, steps taken, calories burned, and quality of sleep on
a daily basis.

It is currently possible to even put sensors on the dress and screen a few signs. This
sensor gathers information through skin contact and transmits data to smartphones
and remote analytic gadgets. An example is a garment that recognizes an individual’s
feelings of anxiety by checking their sweat. Another level of example is a “tattoo”
sensor, which can be removed after its use or that can be absorbed by your body.

The use of the IoT in medicinal services performs a vital job in managing chronic
ailments and in the prevention and control of the disease. Remote checking is made
conceivable through the connection of ground-breaking wireless arrangements.
Healthcare IoT allows patients to invest more time in interacting with their doctors,
which can help patient engagement and satisfaction.3

A few medical clinics have started actualizing “smart beds” that can identify when
they are occupied and when a patient is trying to get up. It can likewise change itself

2
http://www.legaleraonline.com/articles/internet-of-things-in-india-innovation-and-protection

3
http://www.legaleraonline.com/articles/internet-of-things-in-india-innovation-and-protection

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to ensure appropriate weight and backing is applied to the patient without the manual
interaction of caretakers.

Smart wearables

Much the same as smart homes, wearables stay a hotly debated issue among potential
IoT. Consistently, purchasers all over the globe eagerly wait for the arrival of the
latest Apple smartwatches. There are also a lot of other wearable gadgets that make
our life simpler, for example, the Sony Smart B Trainer, LookSee armband, or the
Myo armband.

Wearables are incorporating key advancements, for example, nanoelectronics, natural


gadgets, detecting actuating, correspondence, low force figuring, representation, and
implanted programming into smart frameworks to bring in new functionalities into
garments, textures, patches, watches and other body-related gadgets.

Agriculture

There are various IoT applications in agriculture, for example, gathering information
on temperature, precipitation, dampness, wind speed, bug pervasion, and soil content.
This information can be utilized to mechanize cultivating procedures, make informed
choices to improve quality as well as quantity, limit hazard and waste, and reduce the
effort required to oversee crops. IoT innovation also allows the observing and control
of the plant and animal items during the entire life cycle from ranch to fork. Farmers
can now screen soil temperature and dampness from far off, and even apply IoT-
procured information to accuracy fertilization programs.

Smart farming can very soon turn into a significant application field, explicitly in the
agricultural-product exporting nations. Some other examples of farming IoT gadgets
are AllMETOE, Pynco, etc. These gadgets are equipped for identifying climate
change and other ecological information. The idea of smart farming can transform the
farming business. Oso Technologies Plant Link is a wireless soil moisture tracking
system that gives constant observation of plant dampness, accordingly giving users
the way to monitor when their plants need water. Similarly, OnFarm lets clients
participate in progressively observing harvests through information from sensors,
climate, maps, and protection measures.

Smart cities

The smart city is a major development and ranges a wide assortment of use cases,
from water dissemination and traffic management to waste management and
environmental observing. The reason behind why it is so mainstream is that it
attempts to evacuate the uneasiness and issues of individuals who live in urban
communities. IoT arrangements offered in the smart city sector take care of different
city associated issues, including traffic, lessening air and contamination, and assisting
with making urban communities more secure.

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Taking an example of a smart city Barcelona has a CityOS project, where the aim is
to make a solitary virtualized OS for all the brilliant gadgets and services offered
inside the city. Barcelona has for the most part centred around smart transportation
and smart water.

Palo Alto, San Francisco, is the principal city of its sort, that adopted a totally
different strategy towards traffic. They understood, most vehicles on the roads go
around and round a similar square, looking for parking spaces. That was the
fundamental reason behind traffic blockage in the city. In this manner, sensors were
installed at all the parking spaces around the city. These sensors pass the occupancy
status of each spot. Any number of uses can consume that information. It can lead the
drivers through the shortest course to an open spot.

Smart retail

Retailers have begun embracing IoT arrangements and utilizing IoT inserted
frameworks over various applications that improve store activities, increasing buying,
decreasing burglary, empowering stock administration, and upgrading the shopper’s
shopping experience. With the use of IoT physical retailers can keep pace with online
challengers more actively and strongly. They can recapture their lost piece of the pie
and pull in customers into the store, hence making it simpler for them to purchase
more while saving money.

The retail division has immense IoT potential. IoT gives retailers the chance to
interface with users so as to improve their in-store understanding. Smartphones will
give distributors an approach to remain connected with their clients. Retailers can all
the more likely serve their clients by communicating through smartphones and
utilizing Beacon technology. They can likewise screen shopper paths through a shop
and improve the structure of the shop and put premium items in high-traffic locales.

WHAT ARE THE PROBLEMS ASSOCIATED WITH IOT

If by any chance that the IoT has an issue, or is exposed to shortcomings, at that point
the undertakings that are associated with it are equally threatened. Although, security
is without a doubt one of the biggest issues affecting the development, there are
various different issues as well that occur straight from this. Below are some of the
issues related to IoT:

Internet walls

The danger of losing significant information through hacks is a risky proposition not
only for companies, yet in addition to countries by means of cross-border attacks. The
World Economic Forum predicts that these attacks will move countries to make
internet walls that will restrict the action of the IoT to specific areas.4

4
https://www.iotforall.com/iot-problems/

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Along with this, the countries will, in the long run, be propelled to secure their
financial advantages as governments can’t work openly in a worldwide arrangement
of online organizations and undertakings. This eventually bargains the general
thought of the IoT as boundaries prevent the unregulated trade of information that
various companies demand. Guidelines will likewise fill in as an obstruction to
technological advancement by substantially backing it off.

Cloud attacks

Watching the hints of this advanced war, almost certainly, the following possible
dangers to IoT would be cloud systems. This is on the grounds that cloud systems
have the greatest information stocks to run the IoT. While there is developing
attention to this issue, cybersecurity is still under-resourced in contrast with the likely
size of the danger.

To get a probable thought of the issue, the World Economic Forum report refers to an
analysis that states that in 2021 the cybercrime harms might reach a level of $6 trillion
– what would be equal to the GDP of the 3rd largest economy in the world. Along
with this fact, the attacks on IoT gadgets have increased by not less than 300% in
early 2019.

Botnet problems

According to Shaun Cooley, VP.CTO for Cisco’s IoT at San Jose, California, a large
number of new associated customer gadgets make a large attack ground for hackers,
who will keep on testing the connections between low-power, to some degree of
gadgets and critical framework. The greatest security challenge he notes is the
formation of Distributed Destruction of Service (DDoS) attacks that utilize multitudes
of ineffectively ensured user gadgets to attack public infrastructure through hugely
planned misuse of correspondence channels. 5

IoT botnets can direct extensive swarms of associated sensors like indoor regulators
or sprinkler controllers to cause harm and unpredictable spikes in framework use,
prompting things like power surges, damaging water hammer attacks, or decreased
accessibility of critical infrastructure on a city or state-wide level. Answers to these
attacks do survive, from more brilliant control programming that can differentiate
among crisis and incorrect sensor information, and norms that put limits on what
information gadgets are permitted to send, or how regularly they’re permitted to send
it. In any case, the test of making sure about user grade sensors and gadgets remains,
particularly as they associate, in huge numbers, to our common infrastructure.

5
https://epic.org/privacy/internet/iot/

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Security issues

One of the biggest dangers to the IoT originates from the pressure put on the
worldwide arrangement of data trade that the IoT depends upon. The Global Risks
Report of 2020 features the large-scale cyberattacks and breakdown of critical data
framework and systems if the IoT is undermined because of interior shortcomings.
Clouds will be the first to be undermined as security guidelines are as yet not
completely developed provided how extreme the issue.

The ongoing ascent in ransomware virus is relied upon to pose a genuine security
danger, for cloud merchants and service providers will be the ideal aims. The idea of
cloud action is known for being very complex given the various consumer bases and
the varieties of ventures it obliges. In this manner, interconnectivity can likewise fill
in as a hindrance to different undertakings if the cloud is undermined.

Security dangers likewise encompass Artificial Intelligence-based gadgets and


administrations. Specialists propose that malware is presently getting better at
avoiding discovery by means of AI. Though some contend that AI is restricted
because of the absence of human intervention in its exercises, which likewise
influences its performance with regards to distinguishing circumstances and logical
results in an investigation. In this manner, AI probably won’t be sufficiently prepared
at this point to manage the quickly expanding issues that are confronting the cloud
and IoT in the face of digital attacks.6

Lack of confidence

Gemalto, a digital security firm providing software applications is situated in


Amsterdam, Netherlands. It has explored the effect of security on the advancement of
the IoT. It was found that 90 percent of users lack trust in the security of IoT gadgets.
This comes as more than two-thirds of consumers and approx. 80% of associations
support governments getting engaged in setting IoT security.

As per Jason Hart, CTO of Data Protection at Gemalto, it is clear that both users and
organizations have genuine worries around IoT security and little trust that IoT
specialist organizations and gadget makers will have the option to secure IoT gadgets
and also the integrity of the information made, captured and transferred by these
gadgets. He further added that until there is trust in IoT among organizations and
purchasers, it won’t see standard reception.

Understanding of IoT

Quick development in technology has brought about a restricted comprehension of the


IoT. For the consumers to use the web and all that the IoT brings to the table, it is

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https://mindmajix.com/what-is-iot

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fundamental to work upon their awareness of the changes occurring inside IoT to
make it increasingly effective and efficient. The understanding of IoT will not only
empower them but it will also set them up intellectually and they will perhaps have
the option to find solutions on the best way to take caution from any of the problems
relating to IoT.

LEGAL CHALLENGES IN INDIA

Data privacy and data protection

With the Internet of Things and M2M interfacing more things and individuals to the
web, it will significantly change lives particularly in the areas of wellbeing, home
robotization, retail, and transport. The correspondence between various gadgets, and
huge information or data transfer between their clients, would bring about sharing of
personal data, in this manner raising security and data protection concerns. It becomes
highly important that such protection issues should be considered and solved at the
primary level.

Protection of sensitive personal information is secured under the Information


Technology Act 2000 and The Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules 2011. As
per Section 43A of the Information Technology Act 2000, a body corporate not
executing and keeping up sensible security practices and strategies in regard of
sensitive personal information or data possessed, managed or dealt by it in a PC
resource owned, controlled or operated by it, is subject to pay damages to the
individual so affected for unfair misfortune to any individual. The Rules mandate the
essential standard of the law of privacy that the corporate body requires to get
informed assent alongside certain security compliance practices.

The ITA additionally imposes harsh punishments of confinement maximum of two


years or fine maximum to 100,000 rupees or even both, on any individual who ties
down access to any electronic record, data, etc., and who, without the assent of the
individual concerned, unveils such record, data, etc, to some other individual.7

Data ownership

The building scene of IoT brings its own arrangement of data ownership issues. As
gadgets will be flawlessly associated and speaking with one another, a lot of
information will be generated. Taking an example of Google Nest to comprehend the
potential data ownership issues that may emerge later on. Google Nest thermostat is a
gadget that learns an individual’s timetable, programs itself and can be controlled

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https://www.zdnet.com/article/what-is-the-internet-of-things-everything-you-need-to-know-about-the-iot-
right-now/

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from the smartphone. It is guaranteed that this gadget can bring down heating and
cooling bills up to 20%.

Google Nest is as of now working with organizations, for example, Mercedes to


develop cars that can constantly interact with Google Nest indoor regulator and
realize what time an individual will show up home and in like manner the gadget will
adjust itself so the second you show up you will have your ideal temperature.
Presently this correspondence between the car and Google Nest indoor regulator will
include numerous sensors including geolocation sensors that will generate
information. This information will give bits of knowledge into an individual’s
propensity, for example, preferred routes, arrival timings, fueling propensities, and
much more. This information could act as a gold mine for promoters which might
take targeted publicizing to another level.

So now the question which arises in relation to the ownership of data is that who
actually owns the data in the above scenario? Is it the user itself or the gadget i.e.
Google Nest or the car company i.e., Mercedes? Honestly speaking, there is no
straightforward answer to this question of ownership. It will simply be based on the
business course of action between the client, the gadget, and the car company.8

Security

As IoT has involved a person’s regular day to day life, coming through industrial
controls to individual gadgets and framework, for example, transport and power, the
security problems in these situations become more complex and difficult and have
high repercussions. IoT and its union furnishes hackers with more vulnerabilities to
misuse and make huge security dangers. Such dangers could take an assortment of
structures, depending upon the idea of the information and gadgets being referred to.

For instance, with regards to e-wellbeing, the assortment and fast trade of delicate
individual data in an interconnected and open condition expand hazards in regard of
patient secrecy, yet in addition, has the unmistakably all the more disturbing potential
to jeopardize life if that one takes the case of embedded clinical gadgets controlling
drugs based on autonomous information inputs.

With regards to power, programmers could target smart meters to cause significant
power outages, and when it comes to our home security, it hardly takes a second to
imagine the likely impacts of a framework disappointment or a malicious attack.
Enormous organizations, for example, Google and Cisco know about the various
kinds of security issues and are attempting to address the equivalent. The most ideal
approach to address security issues in gadgets is at the structuring stage itself and to
continually refresh the gadgets from possible new dangers. Therefore, it can be said

8https://www.communicationstoday.co.in/internet-of-things-indian-legal-
perspective/#:~:text=The%20internet%20of%20things%20(IoT,to%20physical%20and%20virtual%20infor
mation.&text=The%20expression%20IoT%20is

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that lawful and authoritative improvements additionally need to occur so as to address
these types of security issues.

Jurisdiction

One of the essential problems that would emerge either in a dispute between the
gadget makers or between the gadget producer and the client is the jurisdiction. The
explanation being the point at which numerous gadgets are involved there is a
likelihood that such gadgets could be situated in various areas and in some cases
outside the regional limits of a particular country.

Subsequently, it would need to be determined by the court whether it has jurisdiction


to try the dispute. As per the customary guidelines regarding the determination of
jurisdiction, the courts in a nation have jurisdiction over people who are inside the
nation and to the exchanges and events that happen within the outskirts of the country.

Thus, in an e-world, if the gadget maker is selling its gadgets in a specific nation
straight to the clients, it may be required to defend any case that may result in that
nation. Thus, the gadget maker should review the neighbourhood laws before
advertising or selling its items or services as it might bring in the risk of being sued in
any jurisdiction where the products are purchased or where the services are availed of.

Many local statutes accommodate a ‘long-arm jurisdiction’ whereby the activity of


such nearby laws has extraterritorial application if an act or oversight has brought
about some illicit or biased impact inside the territory of the nation.

Product liability and consumer protection

In the event that IoT gadget breakdowns, or if information or programming is


undermined or lost, people and organizations may endure devastating losses. Such
gadget disappointments may result from a gadget deformity as well as from a system
failure to give correspondences as required. Hence, it is significant for IoT gadget
makers to buy and guard themselves with product liability insurance.

The product liability is a region of law wherein makers, wholesalers, providers,


retailers, and other people who make items accessible to general society are
considered liable for the sufferings those items cause to property and or bodily injury.

Initially, the claims related to product liability had to be proved under the principle of
negligence. But as the law developed the courts across different jurisdictions began
applying the rule of strict liability in the case of product liability as the rule of strict
liability is, even more, consumer-friendly. Under this standard, the manufacturer of
the item is at risk if the item is found to be defective, regardless of whether the maker
was not careless in making that item flawed.9

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https://www.wired.com/story/wired-guide-internet-of-things/

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The explanation for courts adopting the strict liability rule is that a manufacturer can
envision likely perils related to the item and take measures to defend the items from
these dangers, while a consumer can’t do so. It will be significant for IoT gadget
makers to buy and guard themselves with product liability protection and contemplate
this while working.

Notwithstanding strict liability and related torts, India has various enactments
including the Consumer Protection Act, 1986, the Legal Metrology Act, 2009, that
secure buyer against defective items, lacking administrations, anti-competitive
practices, and costs, deceptive advertising on account of perilous products, in addition
to other things. These consumer-oriented laws additionally provide special courts that
particularly work in these kinds of matters on a fast track basis and secure and allow
the consumers to sue and procure remedies effectively when they are sold defective or
fake items.

Formation & validity of e-contracts

Data ownership, security, and privacy problems with IoT gadgets can be addressed to
a degree by the method of contracts between the gadget makers and the consumers
and in numerous situations, the contract will be between the clients and the makers by
the method of e-contracts, for example, clickwrap and shrink-wrap contracts. In the
event of shrink-wrap contracts, the party contracting can peruse the terms and
conditions only after it opens the item which is newly packed. Accordingly, it gets
critical to look at the validity of these agreements.

Talking about the US, there have been occurrences where the courts have crossed and
removed explicit terms of agreements which were held to be amoral. Considering the
case of Comb v. PayPal, Inc., in this case, the California courts found that the online
business agreement committed clients to arbitrate their disputes compliant with the
business rules of the American Arbitration Association which is cost restrictive
considering the normal size of a PayPal exchange is not right.10

Talking about India, e-contracts like every single other contract are administered by
the fundamental standards overseeing contracts in India, which is the Indian Contract
Act, 1872 which among other things mandate certain pre-necessities for a valid
contract, for example, free assent and lawful consideration. What should be analyzed
is the means by which these prerequisites of the Indian Contract Act would be
satisfied corresponding to e-contracts.

10
http://ijlt.in/index.php/2019/07/08/internet-of-things-is-it-worth-the-loss-of-privacy-and-security-it-
requires/

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In this relation, it is necessary to note that the Information Technology Act, 2000
gives strongholds to the legitimacy of e-contracts. There is no necessity under the
Indian Contract Act to have a written agreement that had to be physically signed.
However, explicit statutes do include signature necessities.

Further, except if explicitly restricted under any resolution, e-contracts like click-wrap
agreements would be enforceable and valid in India if the prerequisites of a legitimate
contract according to the Indian Contract Act are satisfied. In India, the statute on the
issue of whether standard structure online agreements are amoral or it is yet not
developed. But, however, the Indian legislation and Indian courts have managed
occurrences where terms of agreements were haggled between parties in unequal
bargaining positions.

In any case, if there is an immoral contract, the courts can place a weight on the
individual who is in the dominant position to prove that the contract was not
instigated by the undue impact. With regards to IoT, there is a minimal or no chance
degree for negotiations to be held between the gadget maker and the clients in regards
to the conditions of e-contracts. With that, in maximum cases there is no privity of
contract between different gadget makers, thus what keeps on staying as a challenge is
that what terms would administer the in-between relations between the various gadget
makers whole-process with one another while offering types of assistance to the
consumer.

Judicial perspective

As the IoT moves from a thought of fiction to a dug-in all actuality, security concerns
will rise as it gathers the individual information produced by IoT gadgets. Such
concerns have become even more urgent in the wake of the milestone judgment of the
Hon’ble Supreme Court of India in Justice K. S. Puttaswamy (Retd.) and Anr. vs
Association of India and Ors., which has proclaimed privacy a fundamental right.

Privacy and security issues

Billions of gadgets gather, collect, store, and convey an abundance of information


related to the subject. The more the number of gadgets, the huger will be the
generation and gathering of information over the web. This pushes up information
volume and multifaceted nature and results in inconceivably less control, which
places protection in a rather sorry state. The collection of information relies upon the
recurrence of the utilization of gadgets.

In the year 2017, it was noted that a bug in the Google Home Mini made whole
conversations get recorded and radiated back to Google, regardless of the fact that the
” OK Google” wasn’t spoken. However, Google accepted and resolved the issue, but
still despite everything it causes a feeling of dread inside the users concerning
whether these gadgets are really tuning in nonstop.

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The smartphones which are available to sneak around to the sort of sites we use,
followed by our online search patterns with the assistance of cookies and gadget
fingerprinting, are tracked all over. With the utilization of data analytics and trend-
setting innovations, information gathered can be utilized to comprehend the patterns
of behaviour, variations in a person’s daily regime, and indications of bizarre conduct
by the users. Moreover, clients may think that it’s hard to control the measure of data
they consented to share. The correspondence between gadgets might be activated
naturally just as a matter of course, without the buyer monitoring it.

The security issues unfurl because of the absence of defensive measures for IoT
gadgets. The connecting of these gadgets with individuals, property, plants, animals,
etc is highly at risk of getting in contact with hackers. Due to these exposures to
hackers, individual data gathered can be severely abused. The level of reality
increments especially if the programmer holds the ownership of money related or
medical information bringing about ‘fraud’.

With the expansion of IoT gadgets more advanced and latest types of attacks are
likely to be expected because of the absence of basic framework. As indicated by the
Internet Organised Crime Threat Assessment (IOCTA) 2018 by Europol, it can bring
about new types of coercion and blackmail plans. It also manages culprits an
opportunity to bargain IoT gadgets by propelling Denial of Service (DoS) attack or by
spreading malware, and so forth.

HOW FAR DOES THE PERSONAL DATA PROTECTION BILL ADDRESS


THE ISSUES OF PRIVACY AND SECURITY?

India does not have a strong data protection system as the current laws are not
intended to manage the issues emerging out of IoT gadgets. Understanding the need
of great importance, the Hon’ble Supreme Court in the Puttaswamy Judgment, while
perceiving privacy as a fundamental right, noted that to make this privilege
significant, it is the obligation of the state to set up a powerful data protection
structure. The Indian government set up a high-level expert committee under the
chairmanship of Retd. Justice B. N. Srikrishna with the motive of protecting the free
and fair economy and ensuring privacy. In July 2018 the Committee presented the
report alongside a draft “Personal Data Protection Bill, 2018”.

The Bill has been made to secure the persons’ privacy and self-rule in the
information-driven world. The Bill does not speak independently about the Internet of
Things and contains different blemishes at the same time. The Bill does a half-baked
job in addressing protection and security issues emerging out of IoT gadgets. But as
of now in the event that it is enacted in the current state, the makers of IoT gadgets
need to conform to the Bill regardless of the difficulties caused in execution.11

11
https://www.cmswire.com/cms/internet-of-things/7-big-problems-with-the-internet-of-things-024571.php

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RECENT NEWS

Vodafone Idea and Kia Motors, enter into an agreement on car services linked to
UVO-

Vodafone Idea’s eSIM expertise in the automotive Internet of Things (IoT) will help
Kia Motors power the UVO associated car tech through an eSIM on the Seltos and
other future vehicles.

South Korean carmaker Kia Motors India has marked an organization with a telecom
specialist co-op Vodafone Idea to give web usefulness for its UVO associated car
system. The new Kia Seltos as of now accompanies the UVO associated car tech that
utilizes an eSIM that gives highlights like voice calling, 3G/4G data, SMS, Secured
APN administration, and API integration. This, in turn, offers access to various
highlights including navigation, remote locking, smartphone application-based
control, while additionally fueling the car’s telematics empowered services for clients.

The auto internet of things (IoT) has surely made various keen highlights well known
lately on both cars and two-wheelers. Much like the Seltos, the portion equaling MG
Hector also uses an eSIM to power its associated car feature controlled via Airtel,
while Bangalore-based Ather Energy also uses an Airtel-sourced M2M SIM for the
450-electric scooter.

Xiaomi Teases Upcoming IoT Product launch in India-

Manu Kumar Jain, the managing director of Xiaomi India has posted a teaser on his
social networking account to give a slight indication at the new gadget that is
propelling close to Mi 10 in India.

Xiaomi has teased the launch of another Internet of Things (IoT) item close by
carrying the Mi 10 to India on May 8, 2020. The new item by the Chinese
organization is touted to transform any standard TV into a smart TV. In the event that
we take a glance at Xiaomi’s portfolio in the worldwide markets, the upcoming
gadget could be a Mi Box model. In any case, it could also be possible that the
organization could introduce a Mi TV Stick as its gadget to bring smart features to an
ordinary TV.

Division of Transportation Releases Voluntary Guidelines for Driverless


Vehicles-

The Department of Transportation declared AV 4.0 in January 2020, voluntary


guidelines for driverless vehicles. AV 4.0, expands after Preparing for the Future of
Transportation: Automated Vehicles 3.0 (AV 3.0) by extending the extension to 38
significant United States Government (USG) segments that have immediate or
unrelated values in safe turn of events and incorporation of AV advancements. AV
4.0 tries to guarantee a predictable USG way to deal with AV innovations and to
detail the specialists, research, and speculations being made over the USG so the

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United States can keep on driving AV innovation exploration, advancement, and
reconciliation.

CONCLUSION

The future of IoT turns into value but a huge amount of information increases its
unpredictability in discovery, correspondences, and in delivering awareness yet its
development will be expanded step by step. The current and changing signs of
vulnerability are present with the use of IoT and its inescapability in the public eye.
The protection of IoT gadgets is a multifaceted and process filled with complexity.
The current danger of an inadequate legal system requires earnest action in legal
analysis and may require new methodologies in the enactment. 12 To viably manage
existing IoT vulnerabilities, an intensive analysis of the currently applicable legal
system should be embraced, and wherever it is necessary new components should be
developed to address the risks and dangers identified with IoT deployment. In the
coming years, curbing these difficulties will be a powerful and bold ground-breaking
and strong step for systems administration and system correspondence in business,
industrial, and academic areas.

BIBLIOGRAPHY

⚫ https://medium.com/@legalresolved/internet-of-things-legal-perspective-risk-
challenges-cd98b7a05bf7

⚫ http://www.legaleraonline.com/articles/internet-of-things-in-india-innovation-
and-protection

⚫ https://www.iotforall.com/iot-problems/

⚫ https://epic.org/privacy/internet/iot/

⚫ https://mindmajix.com/what-is-iot

⚫ https://www.zdnet.com/article/what-is-the-internet-of-things-everything-you-
need-to-know-about-the-iot-right-now/

⚫ https://www.communicationstoday.co.in/internet-of-things-indian-legal-
perspective/#:~:text=The%20internet%20of%20things%20(IoT,to%20physical%
20and%20virtual%20information.&text=The%20expression%20IoT%20is%20in
creasingly,that%20talk%20to%20each%20other

⚫ https://www.wired.com/story/wired-guide-internet-of-things/

⚫ http://ijlt.in/index.php/2019/07/08/internet-of-things-is-it-worth-the-loss-of-
privacy-and-security-it-requires/

12
https://www.i-scoop.eu/internet-of-things-guide/

18
⚫ https://www.cmswire.com/cms/internet-of-things/7-big-problems-with-the-
internet-of-things-024571.php

⚫ https://www.i-scoop.eu/internet-of-things-guide/

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