Part of the New York Times Room for Debate series.
Everyday devices are getting smarter, more connected. Soon your refrigerator will tell you when it’s time to buy milk. But as long as the fridge is making suggestions, why not suggest a particular brand? And did you know you can save 10 cents if you also buy the same brand’s new ice cream?
Consumer protection law has long recognized the special dangers that attend in-person solicitation. The Federal Trade Commission, for instance, requires a cooling off period for purchases from door-to-door salespeople. The Supreme Court has affirmed this distinction: in 1977, the justices struck down a ban on lawyer advertising on First Amendment grounds, only to uphold a restriction on in-person solicitation of clients a year later.
The law must evolve to reflect devices' new role in sales.
Here is a big part of the reasoning: consumers usually get to choose when and how to enter the marketplace. They know they are going to buy, and they adopt a consumer mind-set. Even the warning “buyer beware” – and the Latin phrase “caveat emptor,” which by the way is deeply at odds with Roman consumer protection law — addresses a putative “buyer.” A sales pitch on your doorstep or from your refrigerator is addressing a person, not necessarily a “buyer.” Hence, the argument runs, added protections are needed.
Where a new technology involves the collection of information, data tends to be the focus of scrutiny. And for good reason: the Internet of things could provide an unparalleled window in the consumer’s home life. But we should not lose sight of the fact that smart and networked things will not just record our world, but also will act upon it. The Internet of things presents not just a window to peer through, but a door upon which to knock.
Product designers, courts and regulators would do well to examine the full impact of the Internet of things on consumers. Privacy by design is a good start. Transparency is crucial. But ultimately, we need to think comprehensively about the impact of new technology on a range of values, and head off efforts to turn our appliances into salespeople.
- Publication Type:Other Writing
- Publication Date:09/08/2013