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Legal IT

Ambient Computing for lawyers

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In our previous article, we discussed ambient computing: what it is, and what the benefits and challenges are. In this article we discuss what the relevance of ambient computing is for lawyers. We look at ambient law, which deals with the legal aspects of ambient computing. Then we ask ourselves, “what are the benefits of ambient computing for lawyers?”, and “what are the challenges?”. But first we start with a short recap on what ambient computing is.

A short recap: what is ambient computing?

In our previous article, we explained that “ambient computing is the idea of embedding computing power into everyday objects and environments, to make them smart, connected, and responsive. The goal is to make it easier for users to take full advantage of technology without having to worry about the details. (…) Ambient computing relies on a variety of technologies, such as sensors, artificial intelligence, cloud computing, voice recognition, gesture control, and wearable devices, to create a seamless and personalized user experience. Ambient computing devices are designed to be unobtrusive and blend into the background, so that users can focus on their tasks and goals rather than on the technology itself.” As such, the concept of ambient computing is closely related to the concept of the Internet of Things.

Examples of ambient computing technology are found in smart homes, cars, business premises, as well as other domains, such as health care, education, entertainment, and transportation, etc.

So, now that we know what ambient computing is, we can focus on the next question: what does ambient computing mean for lawyers and the legal profession? Three items come to mind: what are the legal aspects of ambient computing? What are the benefits for lawyers? What are the risks and challenges for lawyers?

Ambient Law: the legal aspects of ambient computing

When the Internet of Things was starting to take form, the term ambient law was introduced to refer to the legal aspects of using ambient technology. There are four main areas where legal issue can arise, and we can pair them in two sets of two. On the one hand, there is data privacy and security. On the other hand, there is liability and accountability.

Data Privacy and Security

Ambient computing involves collecting, processing, and sharing large amounts of personal and sensitive data from various sources and devices, which raises significant privacy and security concerns.

Privacy: In our previous article we wrote that ambient computing collects vast amounts of data about users’ behaviour, preferences, location, health, and more. This data can be used for beneficial purposes, such as improving services and personalization. But it can also be misused or compromised by malicious actors or third parties. Or they can be sold to third parties, often without the users’ knowledge or consent. Many car manufacturers, e.g., are guilty of this.

In this context, it is worth referring to the SWAMI project, which stands for Safeguards in a World of Ambient Intelligence. This project took a precautionary approach in its exploration of the privacy risks in Ambient Intelligence (AmI) and sought ways to reduce those risks.

The project discovered that several “dark scenarios” where possible that would have negative implications for privacy protection. It identified various threats and vulnerabilities. Legal analysis of these scenarios also showed there are shortcomings in the current legal framework and that the current legislation cannot provide adequate privacy protection in the AmI environment.

The Project concluded that a new approach to privacy and data protection is needed, based on control and responsibility rather than on restriction and prohibition.

Security: Again, there are several aspects to the security side of ambient computing. On the one hand, all the personal data it collects must be protected. Another side is that in essence each new ambient device increases the security risk. Ambient technologies can expose users’ devices and data to cyberattacks or physical tampering. This can compromise users’ safety and functionality of their devices. Cars and baby monitors, e.g., appear to be easy targets for hackers.

There have been initiatives already to tackle the possible security risks inherent in ambient computing. Relevant data security laws generally focus on data protection, cybersecurity, cross-border data transfers, the rights of the data subject, and on penalties for non-compliance.

Liability and accountability

The other two aspects are legal liability and accountability: Ambient computing involves delegating some decisions and actions to autonomous agents or systems that may not be fully transparent or predictable. This raises questions about who is responsible and liable for the outcomes or consequences of those decisions or actions, especially when they cause harm or damage to others. (In a previous article, we looked at robot law and looked at who would be responsible for a robot’s actions: is it the robot, the owner, or the manufacturer?)

As we are dealing with new technologies that are literally all around us, legal liability and accountability in ambient computing are complex issues.

What are the benefits of ambient computing for lawyers?

In our previous article, we highlighted some general benefits of ambient computing. These include convenience, efficiency, engagement, and empowerment. More specifically for lawyers, ambient computing can offer three groups of benefits.

A first set of benefits has to do with improving productivity and efficiency. Ambient computing technology can automate and streamline many routine tasks and processes that lawyers perform. Some law firm management software can already be voice controlled and work together with artificial assistants. (Our article on virtual legal assistants discusses this, too).

Ambient computing can also enhance client experience and satisfaction. It can enable lawyers to provide more personalized, responsive, and proactive service to their clients, by leveraging data and insights from various sources and devices.

Finally, ambient computing can open up new business models and opportunities. It can create new types of services, products, and platforms that leverage ambient intelligence and connectivity.

What are the challenges?

Ambient computing also poses some challenges and risks for lawyers, including the ones we already mentioned above when talking about ambient law.

When it comes to protecting data privacy and security, lawyers have a duty to protect the confidentiality and integrity of their clients’ data, as well as their own data. Therefore, they need to ensure that they comply with the applicable laws and regulations on data protection, such as the GDPR. They also must make sure their ambient technology complies with the ethical standards and best practices of their profession. Furthermore, they need to be aware of the potential threats and vulnerabilities that ambient computing introduces, such as data breaches, cyberattacks, unauthorized access, etc., and take appropriate measures to prevent or mitigate them.

For lawyers, too, there are aspects of legal liability and accountability. Ambient computing involves delegating some decisions and actions to autonomous agents or systems that may not be fully transparent or predictable. This raises questions about who is responsible and liable for the outcomes or consequences of those decisions or actions, especially when they cause harm or damage to others. Lawyers need to understand the legal implications and risks of using ambient computing in their practice or advising their clients on it. They also need to ensure that they have adequate contracts, policies, insurance, etc., to cover any potential liability or claims that may arise from ambient computing.

Finally, ambient computing may force lawyers to adapt to changing roles and skills. Ambient computing may disrupt or transform some aspects of the legal profession or industry, by creating new demands or expectations from clients or stakeholders. Lawyers need to be prepared to adapt to these changes and embrace new roles and skills that ambient computing requires or enables. For example, they may need to become more tech-savvy or data-driven, collaborate more with other professionals or disciplines, or specialize in new areas or domains related to ambient computing.

Conclusion

Ambient computing is an emerging trend that has significant implications for lawyers and the legal profession. Ambient computing can offer many benefits for lawyers who want to improve their practice and service delivery. However, it also poses some challenges and risks that lawyers need to address carefully. Lawyers who want to embrace ambient computing need to be aware of the legal and regulatory aspects of ambient computing in their jurisdiction or context. They also need to be proactive in learning and adopting the best practices and tools that ambient computing provides or demands.

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Legal IT

Ambient Computing

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In this article we discuss ambient computing. We answer the following questions: What is ambient computing? What are some examples of ambient computing? What are the benefits? What are the challenges? In a follow-up article, we will look at the relevance of ambient computing for lawyers.

What is ambient computing?

Ambient computing is the idea of embedding computing power into everyday objects and environments, to make them smart, connected, and responsive. The goal is to make it easier for users to take full advantage of technology without having to worry about the details. Instead of having to directly interact with different computing devices to get desired results – for example, using your phone to make a phone call and your remote to turn on a TV– ambient computing allows all your devices to work together seamlessly to fulfil your needs.

Ambient computing relies on a variety of technologies, such as sensors, artificial intelligence, cloud computing, voice recognition, gesture control, and wearable devices, to create a seamless and personalized user experience. Ambient computing devices are designed to be unobtrusive and blend into the background, so that users can focus on their tasks and goals rather than on the technology itself.

Why call it ambient computing? The Oxford Dictionary defines the word ambient as “relating to the immediate surroundings of something.” So, in this vision of ambient computing the technology is largely invisible and integrated into our surroundings. For this reason, it is also often referred to as ubiquitous computing.

The concept of ambient computing is closely related to the concept of the Internet of Things. Sabrina Ortiz in ZDNet: “the two concepts are intertwined. IoT refers to the vast array devices that connect to the internet to optimize their functionality, like smart sensors and smart speakers: ambient computing builds on that. ‘IoT forms a base for ambient computing, with ambient computing more focused on how devices and intelligent services interact with users,’ Jason Low, principal analyst at the research firm Canalys, tells ZDNET. In other words, ambient computing focuses on the interaction between these devices once they are connected.”

Ambient computing is not a new idea, but it has become more prevalent and accessible in recent years, thanks to the advancements in the Internet of Things (IoT), artificial intelligence (AI), cloud computing, and 5G networks. These technologies enable a vast array of smart devices, sensors, data, and agents that can communicate, analyse, and act in the background.

Some examples of ambient computing

One of the most widespread examples of ambient computing devices are smart speakers and personal voice assistants. Think, e.g., of devices like Amazon Echo, and Google Home. These devices allow users to control their smart home devices, access information, play music, and more, simply by using their voice. Users can speak naturally to their surroundings, without having to look at a screen or press a button. These smart speakers and personal voice assistants and connected devices can turn you home into a smart home where almost everything can be controlled from your phone, or it can be voice controlled. This includes lights, microwave ovens, window blinds, thermostats, washing machines, etc.

Another example of ambient computing is found in cars. Present day cars have all kinds of technology embedded in them, and they are all seamlessly integrated. They have built-in cameras, microphones, and a legion of sensors that all collect and process data in a seemingly unobtrusive way. Consulting firm McKinsey predicts that 95% of new vehicles sold globally will be connected ones by 2030.

Ambient computing can help in business operations, too. The pandemic changed how corporations operate, with many workplaces still having hybrid work models in place. To mitigate the problem of having employees in different places, many workplaces have developed conference rooms that have a sound system which picks up voices from across the room for Zoom calls and allows for smart casting of virtual meetings on a big screen. These office spaces are a great example of how ambient computing is implemented: both the smart casting tech and the sound system remain active in the conference room at all times, cannot be seen and facilitate an everyday activity.

Ambient computing is also expanding to other domains, such as health care, education, entertainment, and transportation. For instance, wearable devices such as smartwatches and fitness trackers can monitor users’ health and activity levels and provide feedback and recommendations. Smart glasses and augmented reality headsets can overlay digital information onto users’ vision, enhancing their perception and interaction with the physical world. Self-driving cars can sense their environment and navigate autonomously, while providing passengers with entertainment and comfort options.

What are the benefits?

As the above examples demonstrate, ambient computing clearly has the potential to bring many benefits to users and society at large. To mention but a few:

  • Convenience: Ambient computing can make users’ lives easier by automating tasks, simplifying interactions, and providing personalized services.
  • Efficiency: Ambient computing can improve users’ productivity and performance by reducing errors, saving time, and optimizing resources.
  • Engagement: Ambient computing can enhance users’ enjoyment and satisfaction by creating immersive and interactive experiences.
  • Empowerment: Ambient computing can enable users to access information and opportunities that they might not have otherwise.

What are the challenges?

As with any technology, ambient computing also poses several challenges and risks that need to be addressed. The most important challenges include:

Privacy: Ambient computing can collect vast amounts of data about users’ behaviour, preferences, location, health, and more. This data can be used for beneficial purposes, such as improving services and personalization. But it can also be misused or compromised by malicious actors or third parties. Or they can just be sold to third parties. Research by the Mozilla Foundation reveals that many car manufacturers, e.g., make a bigger profit from the collected data they sell than from the actual sales of cars. And that is alarming.

Security: Ambient computing can expose users’ devices and data to cyberattacks or physical tampering. This can compromise users’ safety and functionality of their devices. Cars and baby monitors, e.g., appear to be easy targets for hackers.

Ethics: Ambient computing can raise ethical questions about users’ autonomy, consent, trust, responsibility, and accountability. For example, who decides what data is collected and how it is used? How transparent are the algorithms that make decisions for users? How do users balance convenience with control?

Accessibility: Ambient computing can create digital divides between those who have access to ambient technology and those who do not. This can create inequalities in terms of opportunities, education, health care, and social inclusion.

Conclusion

Ambient computing is already changing the way we live and work. It offers many benefits, but there also are some serious challenges that may require extra regulation. In our next article, we have a closer look at its relevance for lawyers.

 

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Legal IT

The Internet of Things and the Law

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Our world is becoming more and more interconnected. Through our smart phones, tablets, computers, smart watches, etc., we are living online lives, where we are virtually always connected to the Internet in some way. More and more devices we are using, too, are constantly collecting and sending data. This is often referred to as the Internet of Things (IoT). In this article, we’ll explain what it is, and have a look at some examples. Then we will have a look at some legal aspects with regard to the Internet of Things.

The Wikipedia defines the Internet of things as “the network of physical devices, vehicles, home appliances, and other items embedded with electronics, software, sensors, actuators, and connectivity which enables these things to connect, collect and exchange data, creating opportunities for more direct integration of the physical world into computer-based systems, resulting in efficiency improvements, economic benefits, and reduced human exertions.” All of these devices are provided with unique identifiers (UIDs) and typically have the ability to transfer data over a network without requiring human-to-human or human-to-computer interaction. This also implies that they can be remotely monitored and, in many cases, controlled.

The number of IoT devices is increasing rapidly. In 2017, 8.4 billion devices were connected to the Internet, which was an increase of 31% compared to 2016. The estimations of how fast this expansion will occur vary widely: on the conservative side we find, e.g., the analyst firm Gartner who expects that by 2020 there will be over 26 billion connected devices. ZD-Net on the other hand mentions a number of 50 billion devices by 2020. Others, however, estimate this number to be much higher, even over 100 billion.  Even in conservative estimations, the global market value of IoT is projected to reach $7.1 trillion by 2020.

So, what devices are connected? Basically any physical object can be transformed into an IoT device if it can be connected to the internet and controlled that way. Existing examples include coffee makers, washing machines, headphones, lamps, wearable devices, and even children’s toys. It also includes many vehicles, and even components of machines, the drill of an oil rig, or jet engines of an airplane which are filled with thousands of sensors collecting and transmitting data back to make sure it is operating efficiently. There are medical IoT devices like insulin injection pumps, pacemakers, etc. We already find IoT devices in our homes, in healthcare, transportation, information technology and energy infrastructure.

It should not come as a surprise that this proliferation of connected devices raises several legal issues.

A first set of issues has to do with privacy and data protection. In the EU, e.g., the GDPR applies and suppliers of IoT devices must make sure they are GDPR compliant, which isn’t always obvious. The GDPR does not only apply to the collecting and storing of data, but also to what is done with the data. Users have to consent, e.g., to those data being used for data mining.

As second set of issues has to do with security and cybercrimes. Each new device becomes a new potential target for hackers and criminals. The US Federal Trade Commission (FTC) published a report in which it expressed security concerns that connected devices could, e.g., be used for enabling unauthorized access, for misuse of personal identification, and for expediting attacks on others systems. The simple truth is that the Internet of Things opens the door to a whole new range of cybercrimes, where criminals use IoT devices for extortion, for sabotage (e.g. interfering with energy), for assault, etc. In a recent hacking contest, e.g., hackers demonstrated – with permission – how they were able to take control of a driverless car within minutes.

A third set of issues has to do with eDiscovery, including eDiscovery in criminal investigations. IoT devices collect data which could be relevant as evidence in legal cases. There already are cases where the whereabouts of a person were confirmed or contradicted by the GPS systems in their car, phone or smart watch. There are cases where personal Assistants like Siri, Alexa, or Cortana, e.g., who constantly record what is being said, provided relevant evidence. A case that made headlines some months ago involved a possible homicide investigation, where an Amazon Echo (Alexa) device exonerated a suspect by confirming his alibi. (Noteworthy, too, in that case was that Amazon initially refused to hand over any data when it was requested by law enforcement, but agreed to do so when its customer asked them to hand over the data as it could – and eventually would – confirm his alibi).

In short, the Internet of Things opens the doors to plenty of new opportunities which in turn raise plenty of legal issues. For lawyers, that probably is a good thing.

 

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