Sultan-Mahmood Seraj, Law & Public Policy Scholar, JD Anticipated May 2021
The rapid growth of 5th Generation (5G) telecommunication networks and technology is revolutionizing global communication capabilities. The emergence of 5G wireless communication will allow for more connected devices to transmit data at far higher speeds than previously possible. These qualities make 5G transformative, as the technology can be used to accelerate the already rapid growth of Internet of Things (IoT) devices and the development of smart cities, fully autonomous vehicles, remote medical services, and much more. However, the promise of 5G speed will require significant infrastructure improvements, including the installation of nearly a million small cell towers by 2026, which will be necessary because 5G wavelengths only have a range of 1,000 ft. 5G will rely on network slicing– the use of multiple, isolated virtual networks on the same physical communications infrastructure–to enable service providers the capability to utilize end-to-end networks tailored to the technology in use. These small cell towers allow 5G networks to perform at record breaking speeds due to shorter distances between cell sites and improved signal quality.
Additionally, Artificial Intelligence (AI) will play an important role in the functionality of 5G networks. Because 5G networks are capable of far more connectivity between devices, such networks will rely on AI algorithms to sort through massive amounts of data. Furthermore, given radio spectrum restrictions set out by the International Telecommunication Union (ITU), the marriage between AI and 5G is inevitable. In that light, AI will further 5G capabilities by using machine learning to locate and utilize optimal radio frequencies in an effort to avoid signal interference and minimize human intervention. For example, fully autonomous vehicles relying on 5G networks will require rapid response rates (low latency). Practically speaking, autonomous vehicles will be able to communicate with each other with low latency given the shorter distance between small cell towers. The vehicles will collect and send a variety of information—including location, speed, driver performance, etc.—to AI-defined 5G base stations. AI can then anticipate future driver behavior to improve traffic flow and the overall driving experience. 5G technology promises a lot to its users, but many fear that the rapid growth of this wireless technology will come with an equal amount of challenges.
The combination of 5G and AI will effect nearly every aspect of our lives and it raises serious questions about its effect on consumer privacy. The consumer demand for faster and more reliable mobile broadband services has caught the attention of large tech players seeking to maximize profits in the future digital age. Given the demand, the ITU estimates that 50 billion connected devices will rely on 5G networks by the year 2025. While consumers desire stronger privacy protections and transparency with respect to their data, many are fearful of the future 5G revolution. So, the question is: how serious are these concerns?
Unlike our European counterparts who rely on the General Data Protection Regulation (GDPR), the United States does not currently have a federal privacy statute to protect consumer data. While Congress has made strides in passing privacy legislation, such as the Heath Insurance Portability and Accounting Act (HIPAA) to govern health data collection, the rise of 5G technology will push the boundaries of existing privacy protections. As opposed to previous mobile generations (2G, 3G, and 4G), 5G networks will rely on closely-positioned small cell towers that allow for pinpoint location tracking. Some users are fearful that companies, and even government organizations, could use this technology for surveillance purposes. While many believe this concern is fueled by consumer protection groups to instill fear mongering, US federal agencies have purchased cell phone location data from ordinary apps in order to support law enforcement geolocational tracking activities.
Consumers are also fearful of motivated cyber criminals who view the rise of 5G technology as way to profit off of weak security protocols for IoT devices. While IoT device manufacturers are planning to make major investments into 5G-enabled IoT technologies, most of those companies will likely prioritize profitability over consumer privacy when designing and manufacturing those systems. Furthermore, current IoT devices are manufactured with weak security protocols, meaning that data breaches are likely to increase once 5G networks are fully operational. For example, home IoT appliances in a typical smart home already provide hackers with a relatively easy entrance to access consumer information among other user devices. If this sounds unrealistic, consider the fact that hackers in 2019 exposed vulnerabilities in smart home IoT devices to acquire two billion records of user information including passwords, precise geolocation coordinates, and IP addresses. The connection of those devices to 5G networks is likely to only increase those vulnerabilities.
While these are certainly valid concerns, the combination of 5G and AI does not spell an end to consumer privacy. Fortunately, US federal agencies and private tech companies have taken steps to protect consumer privacy. In November 2019, the Federal Communications Commission (FCC) issued an Order barring US companies from utilizing the Universal Service Fund– a system of subsidies controlled by the FCC to promote access to telecommunication services–to purchase equipment from Huawei and ZTE, due to national security concerns associated with the civilian and military use of communications equipment designed by those Chinese companies. In February 2020, the Department of Defense officially adopted a series of 5 guiding principles for ethical use of AI for future US military operations.
The private sector has also made strides to address privacy and security concerns with 5G technology. US wireless communication companies are heightening their 5G standards by including encryption onto each device’s IMSI, also known as its unique user identifier. In addition, large tech giants like Google and Microsoft have developed their own ethical guidelines for AI-capable devices to mitigate bias in their algorithms.
While the telecommunications industry has taken steps to ensure that the 5G rollout will protect consumer privacy, challenges still remain. Corporations need to conduct privacy impact assessments to test their products by relying on NIST cybersecurity standards and give users more control over their devices. US agencies should seek to restrict the sale and purchase of geolocational data, update data privacy legislation by adopting uniform practices for 5G user data, and collaborate with private sector partners to standardize cybersecurity requirements. Taking these proactive steps will ensure that consumer privacy is not disregarded in the name of technological innovation.