Some will say these new devices are no different than existing technology, like handheld video cameras or iPhones with audio recording functions. But there’s a huge distinction.

The emerging new technology is not designed with significant storage capacity. Instead, its default mode is for all data to be automatically uploaded to cloud servers, where aggregation and back-end analytic capacity resides.

So, who owns and what happens to the user’s data? Can the entire database be mined and analyzed for commercial purposes? What rules will apply when law enforcement seeks access to the data for a criminal or national security investigation? For how long will the data be retained?