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Abstract

It is not hyperbole to state that the mass proliferation of the Internet of Things (IoT) will alter modern society to a degree surpassing even the Industrial Revolution. Data has surpassed oil as the world’s most valuable resource, and the IoT generates a nigh-incomprehensible amount of it. As consumers, corporations, and governments increasingly embrace this marvelous technology, its possibilities and perils become ever more evident. Consider, for example, the 5G network. It will allow smart vehicles to communicate not only with each other but also with thousands of sensors installed along the roads. These connections will give drivers advance warning of traffic patterns, pedestrian crossings, and hazardous conditions, improving safety and reducing congestion. But most vehicles manufactured today—indeed, most smart devices in general—are not fit for this hyperconnected future. The misaligned incentives of the stakeholders involved in the IoT’s development have led to a lack of oversight and thus a crisis of cybersecurity. Just a few months ago, for instance, a hacker broke into more than 27,000 vehicles through poorly configured GPS tracking devices. Besides scraping the drivers’ personal information, the hacker threatened to remotely kill the vehicles’ engines while they were in motion. Nearly all existing scholarship on the legal and policy implications of the IoT concludes with pleas to governing bodies for meaningful industry oversight. This article does not. Instead, it accepts the reality that policymakers, left to their own devices, will not adequately govern the IoT until its risks become unambiguously apparent; that is, until it is fatally hacked. To forestall this version of the future, this article proposes proactive class action litigation against all unacceptably dangerous IoT devices to realign the interests of the private sector with those of the public good.

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