智能家居技术

法律

Overview of 智能家居技术 and the 法律 Landscape

The Internet of Things (IoT) is here: Smart technologies that help make our homes' appliances and core functions like lighting more convenient and increase security and energy efficiency.

已经, smart devices are having a big effect on the way we build and renovate homes, 它们的影响只会越来越大. But with the potential for massive data collection, 产品质量的巨大差异, and a dependence on software and software updates, there are some pretty important ramifications to consider.

NAHB members Stephen Embry, a partner with the law firm of Frost Brown Todd in Lexington, Ky., and Grayling Love II, product line manager at Eaton Corporation in Peachtree City, Ga., discussed these issues at a previous NAHB leadership meeting of the Construction Liability, Risk Management and Building Materials Committee:

What does the increasing use of smart technologies mean for home owners?

Two-thirds of consumers say they want a connected home. Within three years some 43 percent of home owners will likely have numerous connected devices in their homes. 很快, a home without any smart home technology will be worth less than one with smart home gadgets in it. - SE

这里有一定程度的安全, 消费者想要的安全和便利, and a full smart home system is becoming a more cost effective and simpler way to provide these benefits. As more homes add some level of connected devices, home owners will need to understand emerging technologies to take advantage of the benefits of connected smart home systems and products. There is a major opportunity to provide a level of higher safety and security in a smart home system along with energy savings and automation. - GL

2021十大正规彩票平台现在这些设备的使用激增?

There are two reasons: smaller devices for energy use and reduced costs. 这一趋势还将继续. 现在，有6个.4 to 13 billion devices in use, depending on who is guessing. 如果是130亿, 美国保险商实验室(UL)建议, 也就是说地球上每个人就有两个. In 2016, these devices generated some $19 trillion in profits. 到2020年，这个数字估计将达到50万亿美元. - SE

我认为主要原因有三点. Consumers are more willing to adopt smart devices and smart technology to connect their homes. The second is consumers see the advantage of energy savings, security and convenience with connected devices and smart lights. The third is major companies are investing heavily in interoperability, marketing and technology that makes the connected home feel attainable. - GL

这对建筑商来说意味着什么? 2021十大正规彩票平台建筑商要关心这个?

Homeowners and purchasers will no doubt be asking builders more and more about smart homes and smart home devices themselves, 并期望建造者知识渊博. How builders answer homeowners' questions about how smart homes are is a not just an issue of customer relations, but may also carry some legal risk avoidance ramifications as well.

事实上, a builder's best protection against exposure may be what they are able tell homeowners about these devices. One challenge we have with the whole smart home technology platform, 家庭与物联网, 然而, is that there are not yet standards governing these devices. 在某种程度上，有一些标准, they are not necessarily consistent and the law is not well developed. - SE

Homeowners are beginning to expect their homes to be smart, and they are turning to builders to add intelligence at earlier and earlier stages. 为客户提供真正的智能家居, a builder needs to consider a number of different factors, including installing a smart home hub and devices such as a garage door, 锁、智能插头, 电灯开关, fixtures and appliances that can communicate over the the same network protocol as the smart home hub. - GL

智能家居中的隐私和安全问题

Some of these risks are presented by the hardware — the networked device itself, Embry explains. Some are presented by the software that runs them. 和 some are presented by the massive amounts of data generated and collected internet connected devices. 所以有几个问题:

  • There are no real consensus standards governing design, manufacture or performance of these devices. UL and other bodies are just beginning to look at these things.
  • 在一定程度上有法律法规, they are being enacted by all sorts of different agencies, leaving a hodge-podge of rules with no consistent regulatory or legal direction. 和 there are very few cases outlining liability and how judges and juries may treat liability questions.
  • Some of these devices are poorly designed and made. Often we don't know the useful life of these devices because there is little independent product assessment of anything, 包括使用寿命. This means that there could be lots of potential failure modes that exist for a long time, with results that range from annoying to catastrophic.
  • Often there is no commitment by the developer to patch and update the software. Think about how often you must update the software of your laptops, tablets and smart phones. These updates provide security from vulnerabilities and problems that are discovered. 以智能设备为例, we often don't know how long the company plans to support a product with software security upgrades or what a consumer must do to install the upgrades.
  • Some devices are being designed and made without considering the risks of the devices being exploited or, 用一般的说法, 黑客攻击. This can result in devices like baby monitors or TVs being hijacked.
  • There are few installation quality controls or standards for the qualification of subcontractors installing these things. How do builders make sure they are installed correctly? How do builders satisfy their supervisory obligations? Most reported problems result from homeowners — who don't understand the security implications — trying to install devices based on limited, 不存在或未读指令.

What should a builder tell home owners about smart devices?

As home automation systems and smart homes increase in popularity, builders are no doubt going to get asked a lot of questions and need to be careful not to give incorrect information. Homeowners will not be very happy with a builder if they discover down the road that their security camera system has been 黑客攻击, 令他们惊讶和沮丧的是, all the recordings made by the camera are now in the public domain. 和, what if a homeowner calls their builder in the middle of a cold winter night with no heat and an email demanding payment of 10 bitcoins to get it turned back on?

While there haven't been many cases about smart homes yet, the ones there are seem to turn on whether flat out incorrect information was conveyed. - SE

Builders need to make sure they are informed about emerging technologies and products in this space. Homeowners are expecting their home to have voice control and some level of intelligence. 建筑商应该向消费者提供一些服务, whether it is provided directly or through a third party.

As these smart locks and devices multiply in our homes, we need to understand the cybersecurity aspects of this. 你的系统会被黑客入侵吗? 你的网络连接有多安全? 你的密码安全吗?? Builders will need to alleviate the concerns of homeowners and offer guidance. - GL

建筑商的潜在责任是什么?

The biggest concern to a builder is what happens if there is a failure, 无论是硬件还是软件, 它会导致实际的损害和损失. 当然, if the product is installed incorrectly or the product itself fails, the liability for that is like that of any other product — a roof or HVAC system, 例如. If a builder is in a jurisdiction where they are deemed to have implicitly warranted the product, 没有真正的区别. But what if the failure results from faulty or unpatched software? 软件在法律上像产品吗? 它更像是一种服务吗? 目前还没有什么法律，我们也不知道. - SE

What are the privacy implications associated with smart home systems and devices?

坦率地说, we have more and more data being generated by these devices, and with cloud computing there is more and more opportunity to aggregate and use this data. 但是所有这些来自其他设备的数据, may be collected and stored somewhere else with unknown quality and security controls. 至少, homeowners should know that data is being collected from these devices and that the homeowner doesn't own or control this data. - SE

How can builders best protect themselves from the risks associated with smart homes?

恩布里有五个建议:

使用信誉良好的供应商提供的优质产品. Check their insurance, and don't assume financial capability just because they are well known.

  1. Check background sources; even now there are some good ones. 例如, UL is looking at these products and their certifications — as standard 2900 focuses on potential vulnerabilities, 恶意软件问题和软件弱点. UL is also instituting programs to evaluate risks and protections that will ultimately lead to product certification and test reports. The National Association of Realtors is looking at how and what should be disclosed about smart homes when they are sold. The Consumer Technology Association and the Institute of Electrical and Electronics Engineers, 等, 也在制定标准吗.
  2. Check your insurance and your subcontractor's insurance. 要明白，如果硬件产品出现故障, it may be treated just like any other product failure under your CGL policy. 如果是软件问题, 或者伤害是数据或隐私泄露, 您的CGL可能不提供保险. Many carriers are specifically excluding this type of loss under their CGL policies. Instead, they are offering data breach and cyber policies, which can be tricky. 没有表单策略, 它们都有不同的语言和覆盖范围, 你甚至可以协商条款. Hire a lawyer or insurance professional who is familiar with these cyber polices and knows your needs.
  3. 仔细检查安装人员. Just because he or she looks like a geek and talks like one doesn't mean he or she knows any more about installation than anyone else. Be sure to read the contract if a vendor presents one. Technology vendors are notorious for trying to flip everything back on their customers with disclaimers and indemnity language. Check the installer's insurance and financial ability carefully. 在市场上购物.
  4. 是知识渊博的. Have information on the risks and what the homeowner should know. This in and of itself will go a long way in protecting builders from exposure. Most builders wouldn't use a pipe without knowing something about it and how it works. They wouldn't use a type of roofing system without knowing something about it. 和 they wouldn't hesitate to tell homeowners about these systems and the risks, 特别是如果他们被问到. - SE