Hacking to prove a point or to expose technological vulnerabilities has been around since the 1960s, but it has been labeled and packaged differently as “white hacking” or “ethical hacking.” This article suggests that smart toy manufacturers, such as Mattel and VTech, should be subject to required vulnerability testing which utilizes ethical hacking under the Consumer Product Safety Improvement Act (“CPSIA”). More specifically, this article proposes to amend the Toy Safety Standard, ASTMF- 963-11, to include smart toys connected to the internet. The CPSIA and Consumer Product Safety Commission (“CPSC”) impose safety testing on all toys intended for use by children of twelve years of age or younger. This article will explore the proposed safety testing in the context of the smart toys My Friend Cayla and Hello Barbie. This article is cognizant of how fast-paced the technology industry is and thus, does not suggest a specific time period, rather it suggests what must be done prior to the release of product.
Corinne Moini, Mandated Ethical Hacking—a Repackaged Solution, 23 Rich. J.L. & Tech. Ann. Survey (2017).