Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to Congress on how to appropriately plan for and encourage the proliferation of the Internet of Things (IoT).
The Developing Innovation and Growing the Internet of Things Act (DIGIT Act) would require the working group to examine the IoT for current and future spectrum needs, the regulatory environment (including identification of sector-specific regulations, Federal grant practices, and budgetary or jurisdictional challenges), consumer protection, privacy and security, and the current use of technology by Federal agencies and their preparedness to adopt it in the future.
While the working group would seek representatives from the Department of Transportation (DOT), the Federal Communications Commission (FCC), the Federal Trade Commission (FTC), the National Science Foundation, the Department of Commerce, and the Office of Science and Technology, the working group would also be required to consult with non-Governmental stakeholders – including: i) subject matter experts, ii) information and communications technology manufactures, suppliers, and vendors, (iii) small, medium, and large businesses, and (iv) consumer groups.  The findings and recommendations of the working group would be submitted to the appropriate committees of Congress within one year of the bill’s enactment.
Additionally, the DIGIT Act would also direct the FCC, in consultation with the National Telecommunications and Information Administration, to conduct its own study to assess the current and future spectrum needs of the IoT. The FCC would similarly have one year after the enactment of the Act to submit a report including recommendations as to whether there is adequate licensed and unlicensed spectrum availability to support the growing IoT, what regulatory barriers may exist, and what the role of licensed and unlicensed spectrum is in the growth of the IoT.
According to the bill, estimates indicate more than 50,000,000,000 devices will be connected by the year 2020 with the IoT having the potential to generate trillions of dollars in economic opportunity.  Similarly, the IoT will allow businesses across the country to simplify logistics, cut costs, and pass savings on to consumers by utilizing the IoT.  Believing the United States leads the world in the development of technologies that support the IoT and this technology may be implemented by the U.S. Government to better deliver services to the public, the DIGIT Act was introduced following a previous Senate Resolution (Senate Resolution 110, 114th Congress) calling for a national strategy for the development of the IoT.
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Workplace Privacy, Data Management & Security Report blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Jason represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. He negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Jason represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. He regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Jason’s practice also focuses on advising/counseling employers regarding daily workplace issues.

Jason’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Jason regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Jason is the co-leader of Jackson Lewis’ Hispanic Attorney resource group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm’s attorneys to assist in their training and development. He also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Jason served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.