Washington Lawyer - November 2018 - 18

To respond to the complex web of challenges facing urban areas, municipalities are increasingly turning to smart city technologies - data-driven applications and highly networked sensors - to improve the workability, livability,
and sustainability of urban environments.
These technologies range from the mundane (speed cameras) to the fantastical (streetlight hubs that host Wi-Fi nodes, license plate readers, environmental sensors, and gunshot detectors). Smart city applications are tackling
everything from managing the flow of electricity in homes to uncovering
available parking meters for busy shoppers.
Like most 21st-century technologies, smart city applications produce and
are fueled by data. More fire-hose gush than trickle, data rushing from an
interconnected network of smart technologies is massive and invaluable,
and is also being used to reshape local government decision making and
resource allocation.
An October 2017 report from the National League of Cities found that 66
percent of U.S. cities have invested in smart city technologies, such as smart
utility meters, intelligent traffic signals, e-governance applications, Wi-Fi
kiosks, and sensors in pavement. Twenty-five percent of those surveyed that
didn't have any smart city investments were considering implementing some
type of application in the near future.
What seemed like pure science fiction in the 2002 film Minority Report is closer
to reality today thanks to smart city technologies. Companies could soon
track an individual shopper moving from store to store, sending marketing
advertisements to the shopper's smartphone about current sales or specials
at shops down the block.
But for all their convenience, community connectivity, and sci-fi wonder,
experts note that smart city technologies also pose some serious risks -
a Big Brother-type surveillance, threats to personal privacy, data security
breaches, and questions about data reliability and accuracy.
The problems are not surprising, given that smart city technology as an
orchestrated, citywide initiative by government is still in its early stages. Civic

leaders say they are looking to act proactively and thoughtfully to manage
the growth of smart city technologies while also addressing legitimate
concerns that arise from this maze of sensors and monitors.
"I think all of us, as consumers, are drowning in information," says Harriet
Pearson, a partner at Hogan Lovells who specializes in corporate data privacy
and cybersecurity. "We are in a historically unprecedented time where
technology-based innovation is pervasive, more consequential, and moving
faster than at any time in history. We are all just trying to catch up with the
technology."

WHAT A SMART CITY LOOKS LIKE
Smart city applications will likely change the landscape and economics of
urban areas for decades to come. While the technology is complex, the
principles are simple. Government collects data from sensors, introduces the
data into practical applications for analysis, and then shares it with the public
to empower government, businesses, and citizens. The ultimate goal?
Creating a stronger, more cohesive, and financially viable city.
Mobile apps for buses and pedestrian traffic sensors keep transportation
flowing. Light sensors, smart water meters, and air pollution monitors keep
utilities operating efficiently. Wi-Fi kiosks, public broadband, and cloud
servers keep cities connected. And police body cameras, closed-circuit television, and license plate readers keep citizens safe.
Sharon D. Nelson, an attorney and president of Sensei Enterprises, Inc.,
a digital forensics and cybersecurity firm in Virginia, believes that while many
people enjoy the benefits of smart cities, few are even remotely aware of
how intrusive these applications can be in their daily lives.
"Most people below a certain age don't care about all the sensors in our lives,"
says Nelson. "They have already given up all their privacy. It's not even an
argument they understand. The folks of a certain age tend to get the privacy
dangers. They're the ones who have read the book 1984 and understand
what's at stake."

The folks of a certain age
tend to get the privacy
dangers. They're the ones
who have read the book
1984 and understand
what's at stake.

SHARON D. NELSON, Sensei Enterprises, Inc.

WASHINGTON LAWYER

NOVEMBER 2018

http://www.dcbar.org

Washington Lawyer - November 2018

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