Tag Archives: data security

The Fourth Age of the Internet – the Internet of Things

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We are now in what I call the “Fourth Age” of the Internet.  The First Age was the original interconnected network (or “Internet”) of computers using the TCP/IP protocol, with “killer apps” such as e-mail, telnet, FTP, and Gopher mostly used by the US government and educational organizations. The Second Age began with the creation of the HTTP protocol in 1990 and the original static World Wide Web (Web 1.0). The birth of the consumer internet, the advent of e-commerce, and 90’s dot-com boom (and bust in the early 2000’s) occurred during the Second Age. The Third Age began in the 2000’s with the rise of user-generated content, dynamic web pages, and web-based applications (Web 2.0). The Third Age has seen the advent of cloud computing, mobile and embedded commerce, complex e-marketing, viral online content, real-time Internet communication, and Internet and Web access through smartphones and tablets. The Fourth Age is the explosion of Internet-connected devices, and the corresponding explosion of data generated by these devices – the “Internet of Things” through which the Internet further moves from something we use actively to something our devices use actively, and we use passively. The Internet of Things has the potential to dramatically alter how we live and work.

As we move deeper into the Fourth Age, there are three things which need to be considered and addressed by businesses, consumers and others invested in the consumer Internet of Things:

  • The terms consumers associate with the Internet of Things, e.g., “smart devices,” should be defined before “smart device” and “Internet of Things device” become synonymous in the minds of consumers.  As more companies, retailers, manufacturers, and others jump on the “connected world” bandwagon, more and more devices are being labeled as “smart devices.”  We have smart TVs, smart toasters, smart fitness trackers, smart watches, smart luggage tags, and more (computers, smartphones and tables belong in a separate category). But what does “smart” mean?  To me, a “smart device” is one that has the ability not only to collect and process data and take general actions based on the data (e.g., sound an alarm), but can be configured to take user-configured actions (e.g., send a text alert to a specified email address) and/or can share information with another device (e.g., a monitoring unit which connects wirelessly to a base station). But does a “smart device” automatically mean one connected to the Internet of Things?  I would argue that it does not.

Throughout its Ages, the Internet has connected different types of devices using a common protocol, e.g., TCP/IP for computers and servers, HTTP for web-enabled devices. A smart device must do something similar to be connected to the Internet of Things. However, there is no single standard communications protocol or method for IoT devices. If a smart device uses one of the emerging IoT communications protocols such as Zigbee or Z-Wave (“IoT Protocols”), or has an open API to allow other devices and device ecosystems such as SmartThings, Wink or IFTTT to connect to it (“IoT APIs”), it’s an IoT-connected smart device, or “IoT device.” If a device doesn’t use IoT Protocols or support IoT APIs, it may be a smart device, but it’s not an IoT device. For example, a water leak monitor that sounds a loud alarm if it detects water is a device.  A water leak monitor that sends an alert to a smartphone app via a central hub, but cannot connect to other devices or device ecosystems, is a smart device.  Only if that device uses an IoT Protocol or support IoT APIs to allow it to interconnect with other devices or device ecosystems is an IoT device.

“Organic” began as a term to define natural methods of farming.  However, over time it became overused and synonymous with “healthy.”  Players in the consumer IoT space should be careful not to let key IoT terminology suffer the same fate. Defining what makes a smart device part of the Internet of Things will be essential as smart devices continue to proliferate.

  • Smart devices and IoT devices exacerbate network and device security issues. Consumers embracing the Internet of Things and connected homes may not realize that adding smart devices and IoT devices to a home network can create new security issues and headaches. For example, a wearable device with a Bluetooth security vulnerability could be infected with malware while you’re using it, and infect your home network once you return and sync it with your home computer or device.  While there are proposals for a common set of security and privacy controls for IoT devices such as the IoT Trust Framework, nothing has been adopted by the industry as of yet.

Think of your home network, and your connected devices, like landscaping.  You can install a little or a lot, all at one or over time.  Often, you have a professional do it to ensure it is done right. Once it’s installed, you can’t just forget about it — you have to care for it, through watering, trimming, etc. Occasionally, you may need to apply treatments to avoid diseases. If you don’t care for your landscaping, it will get overgrown; weeds, invasive plants (some poisonous) and diseases may find their way in; and you ultimately have a bigger, harder, more expensive mess to clean up later on.

You need to tend your home network like landscaping, only if you don’t tend your home network the consequences can be much worse than overgrown shrubbery. Many consumers are less comfortable tinkering with computers than they are tinkering with landscaping.  Router and smart device manufacturers periodically update the embedded software (or “firmware”) that runs those devices to fix bugs and to address security vulnerabilities. Software and app developers similarly periodically release updated software. Consumers need to monitor for updates to firmware and software regularly, and apply them promptly once available.  If a device manufacturer goes out of business or stops supporting a device, consider replacing it as it will no longer receive security updates. Routers need to be properly configured, with usernames and strong passwords set, encryption enabled, network names (SSID) configured, etc.  Consumers with a connected home setup should consider a high-speed router with sufficient bandwidth such as 802.11ac or 802.11n.

The third party managed IT services industry has existed since the Second Age. As connected homes proliferate resulting in complex connected home infrastructure, there is an opportunity for “managed home IT” to become a viable business model.  I expect companies currently offering consumer-focused computer repair and home networking services will look hard at adding connected home management services (installation, monitoring, penetration testing, etc.) as a new subscription-based service.

  • Smart device companies need to think of what they can/can’t, and should/shouldn’t, do with data generated from their devices.  IoT devices and smart devices, and connected home technologies and gateways, generate a lot of data.  Smart/IoT device manufacturers and connected home providers need to think about how to store, process and dispose of this data.  Prior to the Internet of Things, behavioral data was gathered through the websites you viewed, the searches you ran, the links you clicked – “online behavioral data.”  The IoT is a game-changer. Now, what users do in the real world with their connected devices can translate to a new class of behavioral data – “device behavioral data.” Smart/IoT device manufacturers, and connected home providers, will need to understand what legal boundaries govern their use of device behavioral data, and how existing laws (e.g., COPPA) apply to the collection and use of data through new technologies. Additionally, companies must look at what industry best practices, industry guidelines and rules, consumer expectations and sentiment, and other non-legal contours shape what companies should and should not do with the data, even if the use is legal.  Companies must consider how long to keep data, and how to ensure it’s purged out of their systems once the retention period ends.

IoT and smart device companies, and connected home service and technology providers, should build privacy and data management compliance into the design of their devices and their systems by adopting a “security by design” and “privacy by design” mindset. Consumers expect that personal data about them will be kept secure and not misused. They must ensure their own privacy policies clearly say what they do with device behavioral data, and not do anything outside the boundaries of their privacy policy (“say what you do, do what you say”). Consider contextual disclosures making sure the consumer clearly understands what you do with device behavioral data.  Each new Age of the Internet has seen the FTC, state Attorneys General, and other consumer regulatory bodies look at how companies are using consumer data, and make examples of those they believe are misusing it. The Fourth Age will be no different. Companies seeking to monetize device behavioral data must make sure that they have a focus on data compliance.

Don’t Overlook Law Firms as Third-Party Data Storage Vendors

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There are countless articles providing companies with tips and advice on what to look for, and what to look out for, when engaging with a vendor who will store, process and/or use company data and/or network credentials. Given recent high-profile data breaches attributable to vendors of major companies, there has been a focus on tightening controls on vendors. Many companies have put procedures and requirements in place to ensure that vendors storing company data and network credentials are properly vetted, meet IT and security standards, and commit contractually to protect the company’s valuable information.

Despite this, there is one group of vendors storing data that are overlooked by a large number of companies – law firms. Here are a few reasons why:

  • Engagements don’t follow the usual vendor procurement process. Law firms are generally engaged directly by the General Counsel, other senior attorneys, or senior management. They are usually engaged due to their specialized expertise in a particular area of law in which there is an immediate need, an existing relationship with a member of the legal or management team, or a recommendation by a trusted resource. Law firm engagements often happen at the same time there is a pressing need for their services (e.g., a pending response to a complaint) with little time for a selection process. Quite often, companies don’t use a formal bid process at all when engaging outside counsel.
  • Law firms don’t think of themselves as just another vendor. Law firms generally do not consider themselves to be like other vendors given their specialized role and partnership with companies to provide legal advice and counsel. They are like other service companies in some respects (for example, law firms need to comply with federal, state and local laws, rules and regulations applicable to other companies). Unlike other service companies, the lawyers providing services at a law firm are also bound by rules of professional responsibility with disciplinary measures for noncompliance. These rules include obligations to keep client information confidential. The Model Rules were recently changed to add obligations for law firms to use reasonable efforts to protect client data, and to keep abreast of the benefits and risks associated with relevant technology involved in the practice of law.

When a law firm suffers a major breach exposing customer data and notifies clients in compliance with state breach notification statutes, it will be interesting to see whether lawyers in that firm face disciplinary action under rules of professional responsibility for exposure of client data. If lawyers face discipline as the result of a security breach, it will bring security to the forefront of client-lawyer relationships overnight.

  • Other teams within a company consider law firm relationships as “off limits.” Legal often only reaches out to IT for assistance arranging secure transfer of files to and from law firms, and in connection with discovery requests. It’s very rare that procurement and IT teams reach out to Legal to ask them to run law firms through the same vetting process as other vendors handling company data or system credentials, and its’ equally rare for Legal to proactively request this review of the law firms it engages.

Things You Should Do. When your company engages a law firm, consider the following:

  • Proactively develop internal vetting requirements. Your Legal, IT, Security and Procurement teams should proactively develop a checklist of questions/action items/contractual requirements when engaging counsel. If engaging counsel in a hurry, make sure the firm realizes that your company will do this diligence as soon as possible following engagement.
  • Ask the firm about their security safeguards. When discussing an engagement with prospective counsel, ask them what their technical, administrative and procedural safeguards are for protecting your information (and, if you give them network access, your network credentials). Find out how big their information security team is, and what kind of systems they use. You’re relying on their security safeguards to keep your data safe, so it’s appropriate for you to ask questions about how they secure your data.

Law firms have historically been reluctant to talk about their information security practices.If a firm can’t give you solid information about their information security practices, or can’t give you the name of a person who can answer your IT and security questions, strongly consider looking for alternative counsel.

  • Ask about cyber insurance. Ask whether the firm carries cyber insurance to cover security breaches (more and more firms have it). If they do, ask them to add you as an additional insured as you would with other vendors holding your data.
  • Add a security rider to your law firm engagement letter, security language to your outside counsel guidelines, or both. Add a short rider to your law firm engagement letter with the security language you came up with in advance with your IT and security teams. Consider addressing topics such as security and confidentiality safeguards, requirements to rapidly deploy security patches to their hardware and software, and confidentiality of login credentials to your network.Ensure they are protecting you if there is an unauthorized disclosure of your company data stored through a third party system or provider they use.

Companies often ask counsel to comply with their outside counsel guidelines, and many ask clients to agree to compliance as part of the retainer letter. Include core security language in your engagement letter, and include an paragraph in the retainer letter requiring the law firm to follow the terms of your outside counsel guidelines (and resolving conflicts in favor of the guidelines).

It’s a matter of if, not when, a law firm announces a major security breach. Once that happens, it will cause a seismic shift in how law firms approach data they hold, and how prospective clients engage with them. Law firms that take a proactive approach and make their commitment to data security part of their core client values, and are willing to share their commitment with prospective clients, will find themselves with a leg up on the competition.