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Privacy, Technology, Security: the Internet of Things in a Smart Device World

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Privacy, Technology, Security: the Internet of Things in a Smart Device World PRIVACY, TECHNOLOGY, SECURITY: THE INTERNET OF THINGS IN A SMART DEVICE WORLD CLE Credit: 1.0 Sponsor: KBA Health Care Law Section Wednesday, June 12, 2019 2:25 – 3:25 p.m. French Galt House Hotel Louisville, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgement pf the induvial legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program in dealing with a specific legal matter have a duty to research the original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Privacy, Technology, Security: The Internet of Things in a Smart Device World .............................................................. 1 Case Law on the Use of the IoT in Criminal, Civil, and Family Law Contexts ..................................................................................... 11 A to Z Guide to the Internet of Things ............................................................................ 15 THE PRESENTERS Mark R. Brengelman Mark R. Brengelman, Attorney at Law PLLC 306 West Main Street The McClure Building Suite 503 Frankfort, Kentucky 40601 (502) 696-3992 [email protected] MARK BRENGELMAN became interested in law when he graduated with both Bachelor’s and Master’s degrees in Philosophy from Emory University in Atlanta. He earned a Juris Doctorate from the University of Kentucky College of Law. Mr. Brengelman became an Assistant Attorney General in Kentucky in the area of administrative and professional law as the assigned counsel and prosecuting attorney to numerous health professions licensure boards. He retired from state government, became certified as a hearing officer, and opened his own law practice, including working as a legislative agent (lobbyist). As a frequent participant in continuing education, Mr. Brengelman has been a presenter for over thirty national and state organizations and private companies as the: Kentucky Bar Association, Kentucky Office of the Attorney General, National Attorneys General Training and Research Institute, State of Maine, Department of Financial and Professional Regulation, and Federation of Associations of Regulatory Boards. He was the founding presenter for “Navigating Ethics and Law for Mental Health Professionals,” a continuing education training approved by five Kentucky mental health licensure boards. He also founded “The Kentucky Code of Ethical Conduct: Ethical Practice, Risk Management, and the Code of Ethical Conduct” as an approved, state-mandated continuing education for social workers offered as a video-on-demand. Mr. Brengelman has now worked for all three branches of state government having worked since June 2018 as the Enforcement Counsel for the Kentucky Legislative Ethics Commission, an independent regulatory body that oversees 138 elected state legislators and nearly 800 registered lobbyists. He focuses on representing health care practitioners before licensure boards and in other professional regulatory matters and representing children as Guardian ad Litem and parents as Court Appointed Counsel in confidential child dependency, neglect, and abuse proceedings in family court. i Tricia A. Shackelford Shackelford Law Office, PLLC 155 East Main Street, Suite 101 Lexington, Kentucky 40507 (859) 286-3632 [email protected] TRICIA SHACKELFORD ’s practice focuses on all aspects of small business law, employment law and healthcare law. Her clients include a variety of healthcare facilities and employees. Ms. Shackelford graduated, cum laude, from the University of Miami School of Law in 1999 and started her legal career at Steel Hector & Davis, one of South Florida’s leading business and international law firms. After returning to Lexington in 2001, she spent several years practicing with McBrayer, McGinnis, Leslie & Kirkland, in one of the Commonwealth’s premier health law practices. She also practiced with the healthcare team at Woodward, Hobson & Fulton and served as in-house counsel for Crown Medical Management – a full service medical practice management company. Ms. Shackelford served as the Chair of the Health Law Section of the Fayette County Bar Association and currently serves on the Board for the Lexington Medical Society Alliance as its Vice President and the Lexington Singers, the oldest continuously organized choral group in the United States. She previously served on the Friends of the Arts Board (Secretary and Vice President), the Board of Spindletop Hall, the University of Kentucky Faculty and Alumni Club (Secretary and Vice President), and Habitat for Humanity Board. She has published numerous legal articles – including co-authoring a Chapter of the Kentucky Health Law Handbook – and has been a frequent lecturer on a wide range of health law topics. Ms. Shackelford resides in Lexington with her two children, Brennan and Beau. In her spare time, she enjoys spending time with her family, theater and the arts, music and singing, travel, cooking, yoga and fitness. ii PRIVACY, TECHNOLOGY, SECURITY: THE INTERNET OF THINGS IN A SMART DEVICE WORLD Tricia A. Shackelford, Esq. and Mark R. Brengelman, Esq. I. INTRODUCTION We live among the growing Internet of Things (“IoT”). The IoT is a giant network of connected “things,” devices, appliances, even automobiles – including connecting people and is a growing topic of discussion. The IoT impacts us daily – at work, at play, and at home, with growing legal implications. Broadband and other high-speed internet is now widely available, the cost of connectivity is decreasing, and more products are being manufactured with Wi-Fi capacities and built-in sensors. The cost of technology is coming down and everyone has a “smart” phone. The era of the IoT is now. II. WHAT IS THE “INTERNET OF THINGS?” What is the “Internet of Things?” Simply, it is the ability of devices to connect with each other and to connect to the Internet. Like “smart phones” that do so much more than make telephone calls, the list of “smart” devices is endless – phones, watches, televisions, refrigerators, coffee makers, lamps, doorbells, pacemakers, and cochlear implants can all be configured for connectivity. If a device can power on and off, it can be part of the IoT. Technology analysists estimate there will be over 26 BILLION devices connected to the IoT by 2020; a staggering number by any accounting. Relationships in the IoT will be person-to-person, person-to-device, and device-to-device. There are many practical examples of ways the IoT can create value: your smart car can access your calendar and notify your client that you are on your way to a scheduled lunch meeting; your alarm clock could activate your coffee maker when your 6:00 a.m. alarm sounds; your office printer can send an order to the office supply store for more toner when the existing cartridge is low. The permutations are endless. Work is being done on “Smart Cities” that can help reduce waste and improve efficiencies. IoT allows for virtually endless connectivity so it is easy to see how and why IoT is such a hot topic in 2019. But along with opportunities come challenges. With millions of devices connected together, security of the information that is created and stored by connected devices is a huge concern. The IoT opens individuals and entities world-wide to security threats. Internet-connected “smarts” are creeping into cars, refrigerators, thermostats, toys and just about everything else in your home. Consumer Electronic Show 2019, the gadget show . in Las Vegas, will showcase many of these products, including an oven that coordinates your recipes and a toilet that flushes with a voice 1 command. With every additional smart device in your home, companies are able to gather more details about your daily life.1 III. DATA SECURITY RISKS There are also issues related with all the information created and data stored or made available by IoT devices. The most significant challenge is determining whether a self-regulation regime by the manufacturers of these devices will be sufficient to address security concerns or whether comprehensive or sectoral legislation and regulation will be necessary to ensure the public interest in protecting personal privacy and data security will be addressed and that adequate remedies will exist in the event of systemic failures in data protection. Of particular concern, many IoT devices collect very sensitive data – to include health information and geolocation data. Security issues associated with IoT arise because these devices are connected to the Internet, which makes them vulnerable to cyberattacks that can be utilized to gain access to an entire network.2 To complicate matters, most computer systems
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