智慧聯網基礎設施與應用服務之法制建構－－資訊安全與車聯網之例

Cybersecurity of the IoT and the Internet of Vehicles: Legal Strategies in the U.S. and the EU and Suggestions to Taiwan

隨著智慧聯網的普及與聯網裝置的爆炸性成長，資訊關鍵基礎設施與聯網裝置及相關資料之安全，其重要性亦與日俱增。資安架構之調適性與可變性，誠惟相關服務平台與應用服務能持續成功發展之關鍵。車聯網作為智慧聯網之重要性應用領域，除了帶來嶄新的商業服務模式，亦對既有法規形成衝擊並致生法規條之必要。本文首先析述美國聯邦貿易委員會與國土安全部有關聯網安全性之策略方針，以及白宮網路安全委員會針對數位經濟之法治規劃，繼之則簡析美國交通部針對車輛間通訊以及車輛與基礎設施間通訊之立法提案，與歐盟就5G技術於車聯網產業之應用規盡。最後則為本文之結論與對我國相應法治之建議。

The IoT is the network of physical object accessed through the Internet that can identify themselves to other devices. Given that the number of IoT-enabled devices will grow by the billions over the course of next half-decade, cydersecurity becomes a serious concern not just in the IoT, but in all the applications, devices or systems where we share information and data. Among all the applications concerning the IoT, Internet of Vehicles (IoT) is an important area which is different form Telematics and Intelligent Transportation, in which vehicles like phones can run within the whole network, and obtain various services by swarm intelligent computing with people, vehicles, and environments. As a result, the impact made by the IoV on the regulatory framework is dramatic and comprehensive. This article focuses upon the latest trends of the regulation and policies, especially those concerning IoT and IoT-related cybersecurity, in the United State and the European Union, including the FTC'S 2015 Report, DHS's 2016 Strategic Principles for Securing the IoT, and the EU 2016 NIS Directive. V2V Rules and V21 Guidance proposed by the NHTSA and the FHWA also are discussed. Through the lens of these policies and legislations, this article but the corresponding regulatory framework of Taiwan under examination and shows possible direction for the future.