Présentation de l'éditeur
Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power – and the increasing significance of their disembodied counterparts – has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital ‘offline’ technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical ‘smart’ world. This development frames the book’s central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against ‘smart’ capitalism.
Sommaire
Introduction
1. IoT Law: Obstacles and Alternatives in the Regulation of a Non-Binary Sociotechnological Phenomenon
2. The Internet of Spying Sex Toys, Killer Petrol Stations, and Manipulative Toasters: A View of Private Ordering from the Contractual Quagmire
3. The Internet of Contracts: The Tension between Consumer Contract Laws and IoT Imbalance
4. The Internet of Vulnerabilities. Tackling Human and Product Vulnerabilities through Noncontractual Consumer Laws
5. The Internet of Loos, the General Data Protection Regulation, and Digital Dispossession under Surveillance Capitalism
6. The Internet of Things (You Don’t Own) under Bourgeois Law: An Integrated Tactic to Rebalance Intellectual Property
Conclusion: When the Law Fails Us: The Commons for a Collectivised and Open IoT