• 3 months ago
In this part of our issue on Ambient Intelligence, our futurist and strategic thought leader, Dr. Mihir Parikh briefly narrates various legal issues involved with Ambient Intelligence, including data privacy and protection, cybersecurity, consumer protection, product liability and intellectual property rights.

You can find the entire issue on Ambient Intelligence, videos and podcasts of other parts, and other issues of this series at SprintingSeries.com.
Transcript
00:00Sprinting to the future of law, ah, what a relief!
00:06Adapting to Ambient Intelligence
00:09Part 4 Legal Issues with Ambient Intelligence
00:15In the previous part of this issue, we talked about who could be interested in Ambient Intelligence.
00:34In this part, we will discuss some legal and regulatory issues with Ambient Intelligence.
00:41Privacy is a huge concern with Ambient Intelligence.
00:45Continuous data collection and long-term data storage raise serious privacy concerns.
00:51The issues of consensual monitoring and informed acceptance will have to be resolved.
00:59The consent framework of AMI systems need to be assessed and made in compliance with data protection laws of relevant jurisdictions.
01:09User consents can be based on a purpose rather than specific use.
01:15So, personal data can be shared to improve user experience when devices that may not have been pre-arranged and belong to third parties.
01:26In addition, protocols need to be developed for sharing data with law enforcement authorities, especially when crime is suspected.
01:36This is even more relevant in consideration of using inadvertent confessions in criminal proceedings or courts.
01:46Data security is also a serious issue.
01:49AMI depends on vast amounts of personal and non-personal data stored at various locations, cloud, edge, and device.
01:58This requires robust security measures to minimize all kinds of harm and calls for assessing the effectiveness of existing cybersecurity standards.
02:11In the event of a cybersecurity breach in an AMI system, interoperability may attribute liability to multiple AMI companies.
02:20This requires us to develop a framework in advance to appropriately allocate responsibility in cases of security breaches.
02:32Authentication of who has access to which data is also an important consideration.
02:38Anonymizing personal data can reduce risks related to unauthorized access.
02:45In addition, AMI technologies can use tokenization of data for authentication and traceability.
02:54Consumer protection and product liabilities are other important issues.
02:58AMI systems use many different types of sensors and control systems.
03:04It is very likely that some may malfunction in some conditions or due to lack of preventive maintenance.
03:12Protecting users from harm caused by malfunctioning or hacking of these devices becomes paramount to ensure the trust in AMI systems.
03:26Given the interoperability of devices in AMI, a malfunctioning of one device may have been caused by a command from another device.
03:37Principles of allocating responsibility need to be defined and reporting obligations to service providers need to be embedded in service contracts.
03:49AMI systems use many types of technologies, which may be protected by intellectual property rights of other parties.
03:57Developing unique AMI technology may lead to patent disputes and legal complexities.
04:07So the legal and regulatory issues with ambient intelligence are complex and require AMI system developers and providers to pay detailed attention to them.
04:19In the next part of this issue, we will look into some operational and ethical issues with ambient intelligence.

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