Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

California: The First State With an Internet of Things Cybersecurity Law

December 17, 2018

A reporter I talked to last week about the Internet of Things reminded me of a story that I neglected to cover. As The Verge reported several months ago, California has become the first state with an Internet of Things Cybersecurity law.

Starting on January 1st, 2020, any manufacturer of a device that connects “directly or indirectly” to the internet must equip it with “reasonable” security features, designed to prevent unauthorized access, modification, or information disclosure. If it can be accessed outside a local area network with a password, it needs to either come with a unique password for each device, or force users to set their own password the first time they connect. That means no more generic default credentials for a hacker to guess.

That is a major first step. There has been criticism that the law is too vague, because it doesn’t cover the whole range of authentication systems that “may or may not be called passwords,” which could still let manufacturers leave the kind of security holes that allowed the devastating Mirai botnet to spread in 2016.

Harvard University fellow Bruce Schneier, who is revered in the cybersecurity world, has said that it’s a good start. “It probably doesn’t go far enough — but that’s no reason not to pass it,” he told The Washington Post. While the rule is only state-wide, any device-makers who sell products in California would pass the benefits on to customers elsewhere.

Several Internet of Things-related bills have been introduced in Congress, but none have made it to a vote. Given the Congress we're stuck with, the failure to pass a sensible law doesn't surprise anyone. Clearly, federal legislation is needed, but kudos to California for beginning an important process.

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