Security and Privacy in Cyber-Physical Systems

Chapter 5Legal Considerations of Cyber-Physical Systems and the Internet of Things

Alan C. Rither¹ and Christopher M. Hoxie²

¹Pacific Northwest National Laboratory, operated by Battelle Memorial Institute for the United States Department of Energy, Richland, WA, 99354, USA

²Georgetown University School of Law, Washington, DC, 20001, USA

5.1 Introduction

It is common for humans to view science and technology as either providing solutions or generating problems, resulting in the competing viewpoints of salvation/advancement, or societal demise. We must strive to avoid either extreme that blinds us to the reality that exists somewhere in between as we seek to strike a realistic balance between optimism and fatalism. This chapter explores this line of thinking, the balance between technological advancement and privacy, through a legal lens. We begin with an overview of the meaning and history of privacy in technology and then move to a discussion of the current state of affairs including an overview of the regulatory agencies responsible for enforcing and, to a degree, creating laws that impact our privacy. We conclude with some thoughts about the immediate legislative needs for the future and what we expect to see as technology unfolds in society.

Actor Nicolas Cage expressed the opinion of many about the intrusiveness of living in the public eye when he said, “…the thing about reptiles is that they really just wanna be left alone, and I understand them. It's, ‘Don’t pick me up, ...