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Guest
Editorial
Bluetooth: Standards and the Law
Dai
Davis
Bluetooth
is a promising technology. The speed of its success may
be hampered by regulatory obstaclesnot to mention its
cost.
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Dai
Davis
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Bluetooth
is a short-range technology that allows radio-style transmissions
between devices. At its simplest level, Bluetooth enables
electronic devices within a building to communicate with
one another. In the office, such equipment includes computer
systems, printers, telephone systems, photocopiers, security
systems, automatic coffee- or tea-making machines, dictation
machines, and systems that control air conditioning and
lights. In the home, likely devices could include personal
computers, security systems, telephone systems, and heating,
lighting, and environmental control systems. Bluetooth
technology could even be used to send signals to appliances
or entertainment systems.
The
additional functionality (in the form of a radio transceiver)
will result in additional costs. The current cost of adding
such functionality is regarded by many as still relatively
hightypically $10, depending on the volume of the purchase.
As
the cost comes down, which it undoubtedly will, the number
of devices that can be economically interconnected will
increase rapidly. Some developers have already suggested
that the unit cost of a Bluetooth-enabling device could
be as little as $1 per unit. There is no reason why any
electronically controlled device cannot be connected via
Bluetooth. Of course, the ubiquitous mobile telephone
will also be connected to most electronic devices via
Bluetooth.
How
Will Bluetooth Be Used?
With
myriad applications for Bluetooth technology, its ultimate
usefulness lies in its ability to allow these electronic
devices to interconnect. For example, it will allow the
control of any device using a mobile telephone. On arrival
for a conference at a hotel, one could be guided via a
mobile phone to the correct conference room. The hotel's
guest system would recognize the attendee's mobile phone
number and guide the attendee accordingly.
Bluetooth
technology provides tremendous flexibility because it
has the potential to allow all electronic devices to be
interconnected.
Indeed,
mobile telephones that incorporate Bluetooth technology
provide a fruitful source of potential applications. Today
when visitors walk into an office building, their presence
is announced by a receptionist. Using Bluetooth, a mobile
telephone could do this automatically with a message on
a monitor announcing the visitorno need for human intervention.
Of course this could also work the other way around. If
someone didn't want to see the visitor, he or she could
become unavailable.
Another
possibility introduced by Bluetooth technology is the
ability to subdivide components of electronic equipment.
For example, a manufacturer could build a mobile telephone
with a remote earpiece. The earpiece could communicate
to the telephone network via the telephone base using
a Bluetooth radio link.
One
of the best-publicized effects of Bluetooth will be the
aesthetic effects: namely the removal of cables in offices
and homes. Bluetooth technology replaces the need for
such cabling. Bluetooth can also be combined with other
technologies. It can be used in conjunction with triangulation
technology, which determines the precise location of a
mobile phone. In a building, such technology could be
used to track the whereabouts of visitors. Alternatively,
a Bluetooth device could be built into children's clothing
so that if a child wandered away, the Bluetooth transmitter
would signal a warning.
Bluetooth
technology has not been formally adopted as a standard
by any standards body. It is, however, a de facto standard.
Given the amount of support, it is highly likely to be
a successful standard. Nine companies are the primary
promoters of Bluetooth technology: 3com, Ericsson Inc.,
IBM Corp., Intel Corp., Lucent, Microsoft Corp., Motorola,
Nokia, and Toshiba Corp.
The
official Bluetooth Web site (http://www.bluetooth.com)
indicates that more than 2100 companies have indicated
an interest in using Bluetooth. There are, however, alternative
technologies. One is known as HomeRF, which stands for
home radio frequency. In addition, IEC and ETSI have relevant
accredited international standards, and IEEE has published
802.11b. Indeed, the IEC standards and the Bluetooth standard
can potentially conflict in certain areas. The consequence
of this is that, in theory, Bluetooth would conflict with
European Union (EU) legislation.
The
EU CE marking legislation is linked to the use and adoption
of standards. Those European standards, which are adopted
via CEN and CENELEC, are usually identical to ISO, IEC,
or ETSI standards. In this instance, it is hard to see
how CENELEC could ignore the existence of Bluetooth. In
practice, it is to be expected that a standard actually
adopted would not conflict with Bluetooth. Certainly,
manufacturers should not to be concerned about this technical
inconsistency between the theory and practice.
Another
technology worth mentioning is a product produced by Time
Domain Inc. (Huntsville, AL). It is based on ultrafast,
ultra-low-power transmissions in the very wide frequency
bands. This technology, known as PulsOn, uses transmissions
of 500 picoseconds and is said not to interfere with radio
communications. It is, however, a far riskier technology.
It has not been widely adopted. And although it supposedly
does not interfere with radios, the technology is, in
fact, unlawful in some countries because it transmits
in frequencies reserved for terrestrial radio services.
Bluetooth
transmitters will be subject to compliance in the EU with
the Radio Equipment and Telecommunications Terminal Equipment
and the Mutual Recognition of their Conformity (Directive
99/5/EC of 9 March 1999, Official Journal L 091,
07/04/1999, pages 1028) (commonly referred to as
the R&TTE Directive). This EU directive replaced an
earlier directive (TTE-SES Directive 98/13/EC).
The
R&TTE Directive is the CE marking directive that applies
to radio equipment and telecommunications terminal equipment
as defined in the directive. The definition of telecommunications
terminal equipment encompasses Bluetooth devices.
There are several exceptions, the most important of which
is for radio equipment that is intended to be used solely
for the reception of sound or television broadcasting.
This exception does not include Bluetooth devices, since
Bluetooth devices are intentional transmitters.
Apparatus
within the scope of the R&TTE Directive must:
-
Meet
the requirements specified in Low Voltage (Electrical
Safety) Directive (Directive 73/23/EC on the harmonization
of the laws of the member states relating to electrical
equipment designated for use within certain voltage
limits (OJ 1973, L77/29)).
-
Meet
the emissions and immunity protection requirements under
the Electromagnetic Compatibility Directive (Directive
89/336/EC on the approximation of the laws of the member
states relating to electromagnetic compatibility (OJ
1989, L139/19)).
-
If
the apparatus is radio equipment, be constructed to
avoid harmful
interference.
In
addition, the R&TTE Directive allows the European
Commission to make further rules relating to interoperability.
In some cases, apparatus must meet relevant harmonized
European standards and bear the CE mark. Furthermore,
manufacturers must maintain records confirming that the
apparatus complies with the R&TTE Directive.
Many
Bluetooth applications will have important legal ramifications.
Most importantly, many uses of Bluetooth are contrary
to United Kingdom and European data-protection laws. For
example, when people enter a building (such as a shopping
center), do they consent to their personal information
(including their whereabouts) being transmitted throughout
the building to all the shopkeepers?
Unfortunately,
the EU has recently taken a strong stance on data-protection
legislation as can be seen from the EU Directive on the
Protection of Individuals with Regard to the Processing
of Personal Data and on the Free Movement of Such Data
(95/46/EC OJ No. L281/31 of 23.11.95). Interestingly,
it seems that Europeans are, in practice, far more relaxed
about the use of their personal data than the law permits.
And because people will most certainly want access to
Bluetooth technology, it is highly likely that the legal
technicalities (such as infringement of data protection)
will be overlookedboth by users and providers of the
technology. In practice, this would certainly be the best
course to adopt, because the dangers of being left behind
in the next technological revolution are far greater.
Bluetooth
and Cryptography
Telecommunication
transmissions are susceptible to being overheard. Accordingly,
there will be a need for some encryption to be built into
Bluetooth devices. Bluetooth, by design, however, is secure.
The United States has given a blanket exemption to all
types of encryption technology designed for Bluetooth.
Under new U.S. regulations, some items are exempt from
a technical review prior to export. Section 15 Part 740.17(b)(3)
(vi) of the Code of Federal Regulations states:
Items
which would be controlled only because they incorporate
components or software which provide short-range wireless
encryption functions many be exported without review and
classification by [the United States' Commerce Department's
Bureau of Export Administration] and without reporting
under the retail provisions of this section.
The
Preamble to the new U.S. regulations provides the following
additional guidance:
In
section 740.17(b)(3) (Retail Encryption Commodities and
Software), License Exception ENC is revised to authorize,
without prior review and classification or reporting,
those items which are controlled only because they incorporate
components providing encryption functionality which is
limited to short-range wireless encryption, such as those
based on the Bluetooth and Home Radio Frequency (HomeRF)
specifications. Examples of such products include audio
devices, cameras and videos, computer accessories, handheld
devices, mobile phones and consumer appliances (e.g.,
refrigerators, microwaves and washing machines).
Unfortunately,
no similar blanket exemption has been issued by the United
Kingdom or European authorities, which do not treat Bluetooth
technology any differently from other wireless technologies.
Therefore, whether encryption is allowed in either Europe
or the United Kingdom will depend rather upon the level
of encryption. So far, the United Kingdom has been fairly
restrictive in prohibiting the importation of strong encryption
technology for private use.
Ultimately,
there is no doubt that Bluetooth will succeed. Many companies
have put much money into this new technology. However,
it is the speed at which it will become a success that
is still open to debate. Current projections have indicated
that from the few thousand Bluetooth-enabled devices that
were delivered in 2000, several tens of thousands, if
not hundreds of thousands, were delivered in 2001. How
long it will take before Bluetooth-enabled devices become
mass-market items is not yet clear.
One
unfortunate development is that despite Microsoft being
one of the founders of Bluetooth technology, the company
announced in the summer of 2001 that it would not yet
be integrating Bluetooth device drivers within its standard
Windows operating systems. It is presumably waiting for
others to do so first. Given the prevalence of the Windows
operating system, this is unfortunate, because it means
that to operate Bluetooth-enabled products from a computer,
a separate driver would be required. Although an independent
driver undoubtedly will be developed in the marketplace,
the lack of a driver forces individuals or companies to
purchase a separate software driver.
A
major issue to address is how quickly the public will
take up the new technology. No manufacturer is likely
to increase a product's unit cost by including Bluetooth
technology until it becomes cost-effective to do so. Manufacturers
are currently struggling to compete in the marketplace
with less-expensive devices that do not incorporate Bluetooth
technology. Clearly, a key issue is how much a product's
current technology costs compared to the cost of a product
integrating Bluetooth. The assumption, of course, is that
the cost of Bluetooth-enabled devices will decrease rapidly
as mass manufacture becomes common. Certainly by 2005,
one would expect the vast majority of electronic devices
to be Bluetooth-enabled.
Dai
Davis is a solicitor and chartered engineer. He works
for the firm of Nabarro Nathanson (London). He can be
reached at d.davis@nabarro.com.
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