1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

The Internet of Things is a paradigm where everyday objects can be equipped with identifying, sensing, networking and processing capabilities that will allow them to communicate with one another and with other devices and services over the Internet to accomplish some objective. Ultimately, IoT devices will be ubiquitous, context-aware and will enable ambient intelligence. This article reports on the current state of research on the Internet of Things by examining the literature, identifying current trends, describing challenges that threaten IoT diffusion, presenting open research questions and future directions and compiling a comprehensive reference list to assist researchers.

The Internet of Things--A survey of topics and trends

http://www.parkjonghyuk.net/lecture/2015-1st-lecture/networksecurity/Paper1.pdf

Security, privacy and trust in Internet of Things

One of the most significant advances in the development of computer science, information and communication technologies is represented by the cyber-physical systems (CPS). They are systems of collaborating computational entities which are in intensive connection with the surrounding physical world and its on-going processes, providing and using, at the same time, data-accessing and data-processing services available on the Internet. Cyber-physical production systems (CPPS), relying on the latest, and the foreseeable further developments of computer science, information and communication technologies on one hand, and of manufacturing science and technology, on the other, may lead to the 4th industrial revolution, frequently noted as Industrie 4.0. The paper underlines that there are significant roots in general – and in particular to the CIRP community – which point towards CPPS. Expectations towards research in and implementation of CPS and CPPS are outlined and some case studies are introduced. Related new R&D challenges are highlighted.

Cyber-physical systems in manufacturing

https://www.ftc.gov/sites/default/files/documents/public_comments/2013/07/00031-86244.pdf

On the features and challenges of security and privacy in distributed internet of things

The Internet of Things, an emerging global Internet-based technical architecture facilitating the exchange of goods and services in global supply chain networks has an impact on the security and privacy of the involved stakeholders. Measures ensuring the architecture's resilience to attacks, data authentication, access control and client privacy need to be established. An adequate legal framework must take the underlying technology into account and would best be established by an international legislator, which is supplemented by the private sector according to specific needs and thereby becomes easily adjustable. The contents of the respective legislation must encompass the right to information, provisions prohibiting or restricting the use of mechanisms of the Internet of Things, rules on IT-security-legislation, provisions supporting the use of mechanisms of the Internet of Things and the establishment of a task force doing research on the legal challenges of the IoT.

Internet of things - new security and privacy challenges

Internet of things: Privacy issues revisited

The Internet of Things as an emerging global Internet-based information architecture facilitating the exchange of goods and services is gradually developing. While the technology of the Internet of Things is still being dis-cussed and created, the legal framework should be established before the Internet of Things is fully operable, in order to allow for an effective introduction of the new information architecture. The regulatory framework must provide for provisions ensuring the security of the structure as well as the privacy of its users. Furthermore, legal barriers that may stand in the way of the coming into operation of the Internet of Things are to be considered. The Internet of Things has positive effects in different fields, such as the inclusion of developing countries in global trade and the use of search engines to the benefit of civil society.

Internet of Things: Legal Perspectives

The Internet of Things as an emerging global, Internet-based information service architecture facilitating the exchange of goods in global supply chain networks is developing on the technical basis of the present Domain Name System; drivers are private actors. Learning from the experiences with the “traditional” Internet governance it is important to tackle the relevant issues of a regulatory framework from the beginning; in particular, the implementation of an independently managed decentralized multiple-root system and the establishment of basic governance principles (such as transparency and accountability, legitimacy of institutional bodies, inclusion of civil society) are to be envisaged.

Rolf H. Weber

Papers

Internet of things - new security and privacy challenges

Internet of things: Privacy issues revisited

Internet of Things: Legal Perspectives

Internet of things: need for a new legal environment?

Cybersecurity in the Internet of Things: Legal aspects