In the United States, there is no federal IoT legislation, but there are
several federal and state Acts related to cyber security and privacy.
Internet of Things Cybersecurity Improvement Act of 2019
This
act was introduced to the US Senate on March 11, 2019, and requires
that devices purchased by the U.S. government meet certain
minimum-security requirements. It would "leverage Federal Government
procurement power to encourage increased cybersecurity for Internet of
Things devices, and for other purposes."
Specifically, the bill would:
•
require the National Institute of Standards and Technology (NIST) to
issue recommendations for the secure development of IoT devices
•
direct the Office of Management and Budget (OMB) to issue guidelines for
each agency that are consistent with the above recommendations and
charge the OMB with reviewing these policies at least every five years
• have the NIST to work with cybersecurity researchers and industry experts to address vulnerabilities related to agency devises
•
require contractors and vendors providing IoT devices to the U.S.
government to adopt coordinated vulnerability disclosure policies
• requires that guidelines are followed on any IoT device purchased by the federal government
Federal Trade Commission
The
Federal Trade Commission (FTC) does not have regulatory control over
security, but can make recommendations for IoT users. The commission has
made three recommendations to companies who work to develop IoT
technology. They recommended increasing data security within a device,
allow what content a user wishes to share through data consent, and
minimize the amount of data a company needs.
Though unable to
regulate privacy or security, the FTC can penalize companies that are
not transparent about consumer data use. An example of this happened in
2012, when TRENDnet, a web camera company, had a flaw that did not
protect a user’s private video feed. TRENDnet was penalized by the FTC.
California Consumer Privacy Act (2018) and The Security of Connected Devices Act (2020)
Both of these Californian acts will enforce new rules for IoT device makers as well as businesses holding consumer information.
The
California Consumer Privacy Act allows the consumer to know what
personal information a business holds. Users can see what their
information is used for and whether it is being sold or shared. The Act
also allows a consumer to prohibit a business from sharing or selling
their information and to ask a business to delete the information.
The
Security of Connected Devices Act requires legitimate security for
connected devices, though there are no specifics on what is
“reasonable.” The law focuses on regulations for IoT manufactures and
user authentication measures.
National Association of Insurance Commissioners (NAIC) Insurance Data Security Model Law (2017)
The
NAIC Insurance Data Security Model Law was developed to respond to the
increased levels of data breaches among several industries. Based on the
model, insurers and companies that are licensed by the department of
insurance are required to create and maintain “an information security
program, investigate any cybersecurity events and notify the state
insurance commissioner of such events.” THE NAIC and the federal
government has urged all states to adopt the model law. Currently, 8
states (AL, CT, DE, MI, MS, NH, OH and SC) have adopted the model law.