ABSTRACT
In 2022, the American Law Institute and the Uniform Law Commission approved important amendments to the Uniform Commercial Code (‘UCC’) to address various technological developments. This Essay explores the potential role of these revisions to the UCC and other related sources of law in helping to protect consumer privacy and security in the Internet of Things (‘IoT’) setting. IoT devices often rely on an ongoing provision of services and software from companies to function optimally. This ongoing relationship combined with the surveillance capabilities of many IoT devices allows device manufacturers, service providers, and other entities to collect a wealth of data about device users and others. The UCC has the capacity to play a central role in determinations regarding liability for privacy and cybersecurity invasions involving IoT devices and systems. I argue that the existing implied warranty of merchantability under the UCC could serve as an important privacy and cybersecurity enforcement mechanism.
Elvy, Stacy-Ann, Commercial Law as a Source of Privacy and Security Protection (January 16, 2023), Harvard Journal of Law and Technology, volume 37, no 1177, 2024.
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