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In a Skype interview with Gizmodo, he summarised the procedure in layman's terms: Hush uses Bluetooth Low Energy, basically the more modern version of Bluetooth, to connect with smart devices.
"The difference between being authorised and having consent is vanishingly small," Baker said, "and so if you don't have authority to do something with somebody else's dildo, then if you're doing it remotely over the internet, you've committed a crime that could turn out to be a felony [under the CFAA]." Who's likely not liable, though?He sees this form of cyberstealthing as a straightforward sexual assault prosecution, but Stewart Baker - a partner at the law firm Steptoe & Johnson where his practice covers cyberlaw and technology-related issues - disagreed."I'm having trouble fitting this neatly into a sex crime framework," Baker told .On a recent trip to Berlin, Alex Lomas' acquaintance posed him a challenge: Can you find a Bluetooth-enabled butt plug in the wild, and can you turn it on without its owner's help?Lomas, a penetration tester with the British cybersecurity firm Pen Test Partners, pulled out his phone, consulted the detection app Light Blue, and quickly identified a Lovense Hush, purportedly "the most powerful vibrating buttplug on the market", that Lomas says was nestled in the rear end of a stranger.What's more, that Hush was vulnerable, open to hacking by anyone who knew how.
As the world hurtles toward total app-connectivity, the gap between what our devices can do and what the law can address widens, particularly with teledildonics - or, sex tech that you can control remotely, over the internet.
Hush isn't the only assailable toy: Pretty much any BLE-enabled toy (or indeed device, whether that's a hearing aid or a smoke detector) could be opened to outside probing.
Products connected to apps such as Body Chat seem pretty open to outside intervention, while the camera-equipped Siime Eye vibrator is easily hijacked by anyone with the know-how, potentially affording strangers vividly detailed views of your genitalia.
Legally, sexual assault doesn't require penetration, merely "sexual contact or behaviour that occurs without the explicit consent of the recipient".
According to Shanlon Wu, a defence lawyer in Washington DC and a former US federal sex crimes prosecutor, the absence of consent like what would result from a remotely controlled, hacked sex toy signals sex assault.
If he hits me, I can't be yelling, 'Oh, he assaulted me, he punched me! But if his corner man, his manager, comes out and clocks me in the head during the match, they can't argue, 'You consented to a boxing match, so anybody gets to beat up on you.'" Similarly, if you consent to someone using a sex toy on you, that isn't an invitation for any passerby to join in.