ABSTRACT

To regulate capitalism has always been an onerous task as capital routinely find ways to either sidestep regulation or to influence the drafting of the rules. In the IoT, the former has been rendered possible by laws that were already obsolete when they were adopted as they relied on untenable binaries (hardware-software, good-service, personal-nonpersonal, online-offline), by the difficulty to pin down a definition of the phenomenon, and by some of its core characteristics – namely, its sectoral fragmentation, relational black box, and global nature. The low readability coefficient of the legals, their length, and the fact that they are scattered around the web rather than systematically grouped are only some of the reasons that render it impossible for IoT users to fully comprehend the relationship to the company as well as the risks and obligations associated to the use of the Thing.