I.INTRODUCTION

The year 2016 was filled with new regulations and industry guidance that affect emerging technologies such as the internet of things (IoT), autonomous cars, and health wearables. Not only do these new rules define the boundaries of what is permissible, but they will also help create the new paradigms of human communication and experience.

While the Federal Communication Commission (FCC) issued one of its biggest sets of rules on how "telecommunications carriers" may use customer data, with the ascension of the Trump Administration and its new appointees, it is unclear whether the rules are here to stay. The recent opinions from the Federal Trade Commission (FTC) certainly suggest that the long battle between technology enthusiasts and privacy "advocates" is imminent.

Nonetheless, it has been exciting to review new proposals from the Department of Transportation (DOT) on the connected car industry, particularly with regard to communications protocols and cybersecurity. When read in conjunction with the industry commentary provided, the proposals signal important shifts in automobile technology and security paradigms, where there will be plenty of room for new players.

Organizations need to pay close attention to the flurry of new guidance from the National Institute of Science and Technology (NIST), as it gives closer attention to connective technologies and the supply chain process. Companies that used earlier versions of NIST guidance may need to review and reassess their existing plans and relationships.

And although the legal landscape is still divided with regard to privacy litigation, there are better examples now of what types of data and cybersecurity practices are likely to leave companies vulnerable to litigation. Likewise, while some companies have done well businesswise by taking on more aggressive postures on data use, case law suggests that some data practices are simply less likely than others to lead to litigation or regulatory investigation.

In 2017, organizations need to pay particular attention not only to continued developments in the United States, but also to what is happening in the European Union and China as well. As our world survey shows, a great divergence is emerging between the U.S. and other major parts of the world, particularly in how the U.S. is typically more encouraging of the development of connective technologies.

In reviewing and assessing developments in this advisory, we strove to break down the developing law in ways that will accord with how technology actually works, what organizations actually do and how they will develop products.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.