SSRN Id3535484 PDF

5G & Law
Arjan Bir Singh Sodhi
Introduction
5G is the fifth generation wireless technology for digital cellular networks that began wide
deployment in 2019. As with previous standards, the covered areas are divided into regions
called "cells", serviced by individual antennas. Virtually every major telecommunication
service provider in the developed world is deploying antennas or intends to deploy them soon.
The frequency spectrum of 5G is divided into millimetre waves, mid-band and low-band. Low-
band uses a similar frequency range as the predecessor, 4G.
5G millimetre wave is the fastest, with actual speeds often being 1–2 Gb/s down. Frequencies
are above 24 GHz reaching up to 72 GHz which is above the extremely high frequency band's
lower boundary. The reach is short, so more cells are required. Millimetre waves have difficulty
traversing many walls and windows, so indoor coverage is limited1.
The fifth-generation mobile standard that will help create the foundation for the digital
economy. The challenges and opportunities presented by the new standard have been widely
discussed by experts, regulators and manufacturers. The focus of these discussions has been on
the impact of 5G on the further adoption and penetration of digital technology, the evolution
of network infrastructure, optimal public policies to support the technology and the estimated
investments needed to launch the standard.
5G is a new standard for wireless networks. Previous standards include 1G, 2G, 3G and 4G/
LTE. Until now, people have used wireless networks primarily on mobile devices in outdoor
areas where Wi-Fi is impractical2.
Wireless networking is one of the most important technology platforms today. The technology
has evolved from analogue communications services provided to 11 million subscribers in
1990 into a comprehensive technology ecosystem supporting over 7.7 billion connections,
including the consumer and business segments and a wide range of connected devices.
The 5G standard is expected to increase connection speeds substantially while reducing delays
and improving reliability. In addition, unlike previous generations, the 5G standard will provide
mobile internet capabilities as well as the potential to replace the broadband Internet services
that we use in our homes3.The networks are expected to supercharge Internet of Things
1
https://www.pwc.ru/en/industries/communications/5g-v-rossii.html
2
IBID
3
https://www.t-mobile.com/5g
Electronic copy available at: https://ssrn.com/abstract=3535484

technology, providing the infrastructure needed to carry huge amounts of data that allows for
a smarter and more connected world.
The introduction of 5G will make it possible for communications service providers to improve
their business in various ways. Just as 4G shook up the landscape, whereby data packages
became more important than voice and SMS packages, 5G brings opportunities for
communications service providers to offer new services. 5G will also improve cost-efficiency.
Our economic study of enhanced mobile broadband shows that evolution to 5G will enable 10
times lower cost per gigabyte than current 4G networks.
Meanwhile, Fixed Wireless Access (FWA) can provide connectivity for households and
businesses. Our economic study of FWA the investment payback time is under two years when
connecting underserved suburban households on the existing mobile wireless network.
5G also presents an opportunity for operators to tap into revenue streams emerging from the
digitalization of industries. Enabling new use cases, new services new business models and
new eco-system, service providers can benefit from up to USD 619 billion market opportunity
globally in 2026. In other words, this represents the chance to add up to 36 percent growth in
revenues across this period. Read more in our report the guide to capturing the 5G industry
digitalization business potential4.
5G will bring more efficient networks, addressing the capacity needs. Evolution to 5G will
enable 10 times lower cost per gigabyte than current 4G, based on Ericsson’s economic study
of enhanced mobile broadband. 5G will also enable new services, new ecosystems and new
revenues. By digitalizing 10 industries with 5G, operators can benefit from up to USD 619
billion market opportunity globally in 2026, based on Ericsson’s report The 5G business
potential, representing potential of additional up to 36 percent growth in revenues. Operators
will find the greatest opportunities in the manufacturing and energy/utilities sectors. Capturing
this market potential requires investment in technology, as well as business development, go-
to- market models, and organizational adaptation5.
Ultra-high bandwidth can be achieved by so-called carrier aggregation. The bundling of the
radio frequency ranges used by a network operator (channels in a frequency block) allows the
data rate per user to be increased. Several individual carriers, i.e. frequency blocks, are assigned
to one user. The maximum data rate per user is increased by the number of frequency blocks.
The total data rate per cell is also increased by improved utilisation of the frequencies available
to an operator. The disadvantage is that the high capacity is accompanied by a low range, since
frequencies with a lower range are also used for bundling. Overall, these frequency bundling
concepts are already implemented in 4G and will be further developed in 5G.Whereas 2G, 3G
and 4G were primarily radio focused, 5G will represent an entire system with radio, a telecom
core, and OSS all transformed to support new requirements. This process will involve new
radio technologies, a virtualized cloud-based core, and end-to-end management and
orchestration to facilitate automation and new concepts like network slicing. The system will
not be standardized – instead many technology areas and interfaces will be standardized in
different environments6.
4
https://www.avg.com/en/signal/introduction-to-5g
55
https://www.pwc.ru/en/industries/communications/5g-v-rossii.html
6
IBID

Concept of 2G, 3G, 4G
2G - Second Generation
Cell phones received their first major upgrade when they went from 1G to 2G. The main
difference between the two mobile telephone systems (1G and 2G), is that the radio signals
used by 1G network are analog, while 2G networks are digital . Main motive of this generation
was to provide secure and reliable communication channel. It implemented the concept of
CDMA and GSM . Provided small data service like sms and mms. Second generation 2G
cellular telecom networks were commercially launched on the GSM standard in Finland by
Radiolinja in 1991. 2G capabilities are achieved by allowing multiple users on a single channel
via multiplexing. During 2G Cellular phones are used for data also along with voice. The
advance in technology from 1G to 2G introduced many of the fundamental services that we
still use today, such as SMS, internal roaming , conference calls, call hold and billing based on
services e.g. charges based on long distance calls and real time billing. The max speed of 2G
with General Packet Radio Service ( GPRS ) is 50 Kbps or 1 Mbps with Enhanced Data Rates
for GSM Evolution ( EDGE ). Before making the major leap from 2G to 3G wireless networks,
the lesser-known 2.5G and 2.75G was an interim standard that bridged the gap7.
Three primary benefits of 2G networks over their predecessors were that:
 Phone conversations were digitally encrypted.
 Significantly more efficient use of the radio frequency spectrum enabling more users
per frequency band.
 Data services for mobile, starting with SMS text messages.
3G - Third Generation
This generation set the standards for most of the wireless technology we have come to know
and love. Web browsing, email, video downloading, picture sharing and other Smartphone
7
http://net-informations.com/q/diff/generations.html

technology were introduced in the third generation. Introduced commercially in 2001, the goals
set out for third generation mobile communication were to facilitate greater voice and data
capacity, support a wider range of applications, and increase data transmission at a lower cost8.
The 3G standard utilises a new technology called UMTS as its core network architecture -
Universal Mobile Telecommunications System. This network combines aspects of the 2G
network with some new technology and protocols to deliver a significantly faster data rate.
Based on a set of standards used for mobile devices and mobile telecommunications use
services and networks that comply with the International Mobile Telecommunications-2000
(IMT-2000) specifications by the International Telecommunication Union. One of
requirements set by IMT-2000 was that speed should be at least 200Kbps to call it as 3G
service.
3G has Multimedia services support along with streaming are more popular. In 3G, Universal
access and portability across different device types are made possible. 3G increased the
efficiency of frequency spectrum by improving how audio is compressed during a call, so more
simultaneous calls can happen in the same frequency range.
Japan was one of the first countries to adopt 3G, the reason being the process of 3G spectrum
allocation, which in Japan was awarded without much upfront cost. Frequency spectrum was
allocated in the US and Europe based on auctioning, thereby requiring a huge initial investment
for any company wishing to provide 3G services. European companies collectively paid over
100 billion dollars in their spectrum auctions9.
In Asia, Europe, Canada and the US, telecommunication companies use W-CDMA technology
with the support of around 100 terminal designs to operate 3G mobile networks.
Roll-out of 3G networks was delayed in some countries by the enormous costs of additional
spectrum licensing fees. The license fees in some European countries were particularly high,
bolstered by government auctions of a limited number of licenses and sealed bid auctions, and
initial excitement over 3G's potential. This led to a telecoms crash that ran concurrently with
similar crashes in the fibre-optic and dot.com fields10.
The 3G standard is perhaps well known because of a massive expansion of the mobile
communications market post-2G and advances of the consumer mobile phone. An especially
notable development during this time is the smartphone, combining the abilities of a PDA with
a mobile phone, leading to widespread demand for mobile internet connectivity. 3G has also
introduced the term "mobile broadband" because its speed and capability make it a viable
alternative for internet browsing, and USB Modems connecting to 3G networks are becoming
increasingly common.
4G - Fourth Generation
4G is a very different technology as compared to 3G and was made possible practically only
because of the advancements in the technology in the last 10 years. Its purpose is to provide
8
IBID
9
IBID
10

high speed , high quality and high capacity to users while improving security and lower the
cost of voice and data services, multimedia and internet over IP. Potential and current
applications include amended mobile web access, IP telephony , gaming services, high-
definition mobile TV, video conferencing, 3D television, and cloud computing11.
The key technologies that have made this possible are MIMO (Multiple Input Multiple Output)
and OFDM (Orthogonal Frequency Division Multiplexing). The two important 4G standards
are WiMAX (has now fizzled out) and LTE (has seen widespread deployment). LTE (Long
Term Evolution) is a series of upgrades to existing UMTS technology and will be rolled out on
Telstra's existing 1800MHz frequency band. The max speed of a 4G network when the device
is moving is 100 Mbps or 1 Gbps for low mobility communication like when stationary or
walking, latency reduced from around 300ms to less than 100ms, and significantly lower
congestion. When 4G first became available, it was simply a little faster than 3G. 4G is not the
same as 4G LTE which is very close to meeting the criteria of the standards. To download a
new game or stream a TV show in HD, you can do it without buffering12.
Newer generations of phones are usually designed to be backward-compatible , so a 4G phone
can communicate through a 3G or even 2G network. All carriers seem to agree that OFDM is
one of the chief indicators that a service can be legitimately marketed as being 4G. OFDM is a
type of digital modulation in which a signal is split into several narrowband channels at
different frequencies. There are a significant amount of infrastructure changes needed to be
implemented by service providers in order to supply because voice calls in GSM , UMTS and
CDMA2000 are circuit switched, so with the adoption of LTE, carriers will have to re-engineer
their voice call network. And again, we have the fractional parts: 4.5G and 4.9G marking the
transition of LTE getting us more MIMO, more D2D on the way to IMT-2020 and the
requirements of 5G13.
The benefits of 4G fall firmly into three categories. These are:
 Improved download/upload speeds
 Reduced latency
 Crystal clear voice calls
11
https://www.engineersgarage.com/article_page/4g-technology/
12
IBID
13
https://www.engineersgarage.com/article_page/4g-technology/

What is 5G?
5G, the fifth generation of wireless technology, advances mobile technology in speed, number
of permissible connections, latency, capacity, and reliability. It has the ability to improve
communication between people, but also to enable people to interact with the growing
ecosystem of connected machines around them. The reality is that 5G will be the catalyst to
significant long term changes in the way people communicate, and what gets communicated.
However, a number of factors suggest that unlike past wireless technology advancements
where adoption was driven by consumers, the adoption of 5G will be enterprise led.
A significant factor is that 5G can be deployed in closed ecosystem environments – like

manufacturing plants and healthcare facilities – prior to national rollout. In these “campus”
environments, 5G can deliver private, secure and reliable communications, massive M2M and
IoT communications, real-time data transmission, and enhanced tracking of assets14.
5G’s credentials as a transformational technology are strong. Beyond improved data rates,
ultra-low latency will bring new levels of network responsiveness. 5G can support a
hundredfold increase in connected devices per unit area, redefining what’s possible in IoT,
while network slicing enables highly differentiated services at specific locations15.
Other emerging technologies are set to complement 5G. Mobile edge computing can unlock
more efficient data transfer and perimeter security, helping operators to relieve network
congestion, and realize low latency. Network function virtualization (NFV) will support more
dynamic management of network resources, aiding operating expense (OPEX) and capital
expense (CAPEX) reductions in the process16.
In this light, 5G paves the way for new paradigms of network operation and service creation.
By leveraging analytics, artificial intelligence (AI) and machine learning in conjunction with
5G, operators can offer a range of location- and context-aware services across millions of end-
points, backed by a significant change in network control, service quality and personalization.
As a result, operators can play a more assertive role in the industry value chain. No longer
relegated to the role of dumb pipe provider, operators’ much more intimate relationship with
14
15
https://www.ey.com/en_in/tmt/5g-is-redefining-telecoms-fast--are-you-up-to-speed
16
IBID

their networks will help them pave the way for new forms of customer experience and service
monetization17.
The implication of 5G technology
Advantages
The advantages of shifting to 5G are numerous. 5G will lead to faster and improved broadband.
5G will allow the proliferation of self-driving cars that will communicate with other cars on
the road. 5g will allow such vehicles to obtain information about road conditions, provide
information to drivers and automakers. This technology will enable autonomous vehicles to
avoid car accidents and save many lives. 5G also enables the effective operation of cities and
municipalities. Municipalities will be able to perform their duties more efficiently. Remote
control of heavy machinery is also made possible by 5G. In the Healthcare sector it is expected
that 5G will lead to improvements in precision surgery and may even lead to remote medical
operations. One of the most significant aspects of 5G is the internet of things. 5G will allow
communication between sensors and smart devices. A result of 5G is advanced manufacturing
which will require no human input. This advanced manufacturing is what is called the Internet
of things18.
Disadvantages
The needs of people have been the driving force for the creation of mobile broadband networks
until now. The needs of machines were at the forefront of 5G technology development. The
low latency and high-efficiency data transfer of 5G networks ensure seamless communication
between devices. The technology may lead to a wide array of troubles and challenges for people
and the environment. The introduction of 5G necessitates the need for new infrastructure. This
new infrastructure is called small cells. These smalls’ cells are a departure from macro cell
towers. The small cells are barely noticeable cell towers situated closer together. The small
cells will have more input and output ports than there are on the macro cell towers. Smalls cells
generate less power, collect and transmit signals in a short range from one another. Thus that
the deployment of 5G technology will likely lead wireless antennas every few feet on lamp
posts and utility posts. The small cells may also be placed every two to ten homes in suburban
areas. Deploying 5G technology will require an unprecedented and immensely large number
of wireless antennas on cell towers and buildings. These would be placed much closer together.
Each of these cells emits radiofrequency radiation. This radiation will be much harder to avoid
because these towers will be everywhere19.
The presence of radiofrequency radiation is an essential consideration in deploying 5G

technology. The current wireless technologies of 2G, 3G and 4G technologies created health
risks to humans, animals and the environment. Wireless company documents outline
information that suggests that 5G will increase the levels of radiofrequency radiation. The
World Health Organisation’s International Agency for Research on Cancer categorised
17
https://searchnetworking.techtarget.com/tip/What-are-the-features-and-benefits-of-5G-technology-for-
businesses
18
https://www.mondaq.com/Media-Telecoms-IT-Entertainment/842032/Overview-Of-5g
19
IBID

radiofrequency radiation is a possible carcinogen. Low-level exposure to radiofrequency
radiation leads to a myriad of health effects including DNA single strand and double strand
breaks, melatonin reduction and generation of stress proteins, all of which lead to cancer and
diseases. 5G technology will lead to higher exposure to radiofrequency radiation which
presents risks to both human and environmental health20.
Regarding human health, there is a concern that the radiation emitted from the small cells will
have adverse effects on human skin. Human skin has been found, and it is likely that it will
also soak up radiofrequency radiation. Inevitably, this will lead to cancer — furthermore, the
sweat ducts located on the upper layer of the human skin act like antennas. Therefore, mortal
bodies will become far more conducive to this radiation, increasing the risk of growing
cancerous cells. High exposure of radiofrequency has an impact on motor skills, memory and
attention. The effects of such high exposure are neuropsychiatric problems, genetic damage
and elevated diabetes. More conclusive information on the harmful effects of the
radiofrequency radiation on animals is available. The US National Toxicology Program carried
out a study that found that exposing rats to radiofrequency radiation for nine hours in two years
led to the development of heart and brain tumour, as well as DNA damage. Various studies
carried out elsewhere in the world have indicated that the radiation damages eyes, immune
system, elevated lymphoma, cell growth rate, lung and liver tumours, and bacterial
resistance21.
5G also harms the planet as it poses a severe threat to plant health. Exposure to radiofrequency
radiation led to necrosis, which is the death of tissue cells. Exposure to such radiation could
lead to the contamination of our food supply.
5G deployment requires many temporary satellites that are propelled by hydrocarbon rocket
engines. Such satellites emit black carbon into the atmosphere. Black carbon in the atmosphere
will affect the distribution of the ozone, as well as the temperature. These rocket engines will
also emit chlorine, which is known to be a chemical that destroys the ozone layer22.
5G may even threaten natural ecosystems. Radiofrequency radiation affects birds and bees'
health. Radiation may ultimately lead to birds' death, and the egg laying abilities of bees are
compromised.
5G technology also requires collocating the cells on other infrastructure. Small cell wireless
facility development necessitates streamlined federal, state and local permitting rights of way,
application timelines and other siting and application fees and application review timelines and
appeal processes to make it economically feasible for wireless companies to deploy the
technology across communities23.
Working of 5G
20
21
https://www.usatoday.com/story/tech/2019/03/27/will-new-5-g-wireless-network-threaten-your-
privacy/3032281002/
22
23
IBID

5G networks can be built in different ways from multiple bands of wavelength spectrum: low-
band, mid-band, and high-band.
High-band millimeter wave frequencies have greater bandwidth available to carry more data
in dense urban areas but require cell sites to be in close proximity and have limited penetration
in buildings. Mid-band balances speed and range, providing broader coverage than high-band.
And it’s less impacted by buildings. However, much of its bandwidth is already in use, so
there’s not a lot available for 5G growth. Low-band, like our powerful 600MHz spectrum,
travels farther than other bands—over hundreds of square miles—and can pass through more
obstacles, providing a better, more reliable signal both indoors and out24.
Use of 5G network
1. IoT Communications
The exponentially greater capacity of 5G enables many more devices to be connected to

networks. However, as carriers will initially focus on voice and data for the general public,
enterprises looking to capitalize on network slicing and edge computing are moving towards
setting up private networks to get their needs met in the shortest time frame possible.
2. Video
While video conferencing already works on current 4G networks, it often leaves plenty to be
desired. 5G is widely expected to be the catalyst that finally delivers remote collaboration
where it's hard to distinguish telecommuting from being there in person. Any significant
reduction in travel costs equals meaningful ROI for organizations25.
3. Controls and Automation
5G improvements in speed, latency, and capacity will mean better competitiveness through
improvements to robotics, manufacturing controls, and warehouse automation by cutting
cables and increasing flexibility, lowering lead times, and cutting reconfiguration costs.
Industrial digitalization with 5G opens up opportunities for new revenue streams26.
4. Fixed Wireless Access
In areas where 5G will be late in coming – or lacks specific functionality – enterprises are
turning to private fixed wireless access alternatives for campuses that need widespread 5G
connectivity right away for the maximum gains in mobility, productivity, and performance it
brings.
5. High-performance Edge Analytics
24
IBID
25
https://home.kpmg/xx/en/home/insights/2019/04/making-5g-a-reality.html
26
https://home.kpmg/xx/en/home/insights/2019/04/making-5g-a-reality.html

5G's network characteristics are seen by leading scholars to be a "facilitator and an accelerator
of the next industrial revolution" because 5G allows for data collection and actionable analysis
in real time from IoT and other sources for computing on the edge. It opens up new areas of
potential data monetization, cognitive analytics, and predictive maintenance – not to mention
organizations in areas like healthcare and public safety will be able to respond to data in
fractions of a second27.
6. Location Tracking
5G allows for far more precise location tracking than what's possible currently in 4G. The
technology requires more cell phone towers placed closer together – which allows for better
triangulation. That combined with the higher speed and lower latency will mean real-time
location tracking, which has applications in fleet management, warehouse efficiency, public
safety, autonomous vehicles, and the list goes on and on. The business use cases for 5G in
location tracking are endless28.
27
IBID
28
https://www.ey.com/en_in/tmt/5g-is-redefining-telecoms-fast--are-you-up-to-speed

Salient features of 5G
5G technology going to be a new mobile revolution in mobile market. Through 5G technology

now you can use worldwide cellular phones and this technology also strike the china mobile
market and a user being proficient to get access to Germany phone as a local phone. With the
coming out of cell phone alike to PDA now your whole office in your finger tips or in your
phone. 5G technology has extraordinary data capabilities and has ability to tie together
unrestricted call volumes and infinite data broadcast within latest mobile operating system. 5G
technology has a bright future because it can handle best technologies and offer priceless
handset to their customers. May be in coming days 5G technology takes over the world market.
5G Technologies have an extraordinary capability to support Software and Consultancy. The
Router and switch technology used in 5G network providing high connectivity. The 5G
technology distributes internet access to nodes within the building and can be deployed with
union of wired or wireless network connections. The current trend of 5G technology has a
glowing future29.
5G technology uses a mix of frequencies combined with shorter wavelengths (millimetres
instead of centimetres, as used in 4G networks). The problem with shorter waves and higher
frequencies is that the range is not as far. Thus, the technical implementation for the rollout of
the 5G network requires a drastic increase in the number of transmitters. In addition, fibre optic
expansion is important, because in the absence of a connection between the mobile radio
stations and the fibre optic network, the many benefits of the new technology cannot be fully
exploited30.
The advantage of 5G will be a high-quality band capable of transmitting more data in less time.
5G will increase the (theoretical) data rate from 1 Gbit/s to 20 Gbit/s. In theory, latency (i.e.
the time interval between cause and effect, or the delay between sending and receiving
information) will decrease from approximately 50 – 100 milliseconds to one millisecond. This
almost real-time communication is key to enabling smart cities, smart workspaces or smart
29
http://freewimaxinfo.com/5g-technology.html
30
http://tec.gov.in/pdf/Studypaper/5G%20Study%20Paper-approved%20by%20Sr%20DDG.pdf

homes. It is also crucial for autonomous driving, where cars communicate not just with each
other, but also with sensor traffic lights or drones. The short latency will also increase the
number of "smart factories", since it enables better coverage of IoT2-based technology31.
 Efficient Frequency
The current 4G network mainly uses special frequency bandwidth (800, 1800 and 2600 MHz).
Since frequency bandwidth is limited and must be shared with other technologies (such as
terrestrial television DVBT-2), frequency optimising methods are essential. Fifth generation
technology will offer very high bandwidth and various new advanced features, making it more
powerful than 4G. To achieve the 5G standard, a bundle of improved technology was
necessary, introducing methods for a better and more efficient use of frequencies. For example,
the "Information Centre Mobile Radio" controlled by Telekom Deutschland and Telefónica
Germany provides an excellent overview3 of the following methods for optimising the use of
frequencies32.
 Carrier Aggregation
From a technical standpoint, ultra-high bandwidth can be achieved by so-called carrier
aggregation. The bundling of the radio frequency ranges used by a network operator (channels
in a frequency block) allows the data rate per user to be increased. Several individual carriers,
i.e. frequency blocks, are assigned to one user. The maximum data rate per user is increased by
the number of frequency blocks. The total data rate per cell is also increased by improved
utilisation of the frequencies available to an operator. The disadvantage is that the high capacity
is accompanied by a low range, since frequencies with a lower range are also used for bundling.
Overall, these frequency bundling concepts are already implemented in 4G and will be further
developed in 5G33.
 Small Cells
Small cells are already being used today, especially in places with high user density. For
example, small cells can eliminate bottlenecks in the existing network in pedestrian zones or
in highly frequented squares. Small cells do not replace the classic mobile radio rooftop
locations but complement them and intensify the network at locations with particularly high
demand. More cells in a small area also indicate that the capacity, i.e. the number of possible
simultaneous users with simultaneously high data rates, is significantly increased. Small cells
are thus suitable for very high capacity requirements in small areas. A small cell is a mobile
radio cell with low transmission power and thus a resulting small coverage area, similar to a
WIFI hotspot, but with integration in the general mobile radio network. The coverage radius is
about 150 metres. Since these are installed very close to the users, a corresponding number of
cells must be installed for an uninterrupted supply in an area such as a pedestrian zone. The
antennas used are significantly smaller than conventional mobile radio antennas. They can be
31
https://www.schoenherr.eu/publications/publication-detail/the-5g-network-from-technical-requirements-
to-legal-challenges/
32
IBID
33
https://www.bcg.com/en-in/publications/2019/5g-will-take-different-kind-launch.aspx

mounted on house walls, advertising pillars or public telephone systems. In the future, such
cells may also be installed in lines along traffic routes, for example in street lamps34.
 Massive multiple input multiple output (MIMO)

Larger multi-antenna systems are used to increase capacity. Multi-antenna systems enable the
use of multiple transmit and receive antennas for wireless communication. A special coding
method uses both the temporal and the spatial dimension for information transmission (space-
time coding). In this way, the quality and data rate can be significantly improved, while still
using the same number of frequencies35.
 Beam forming
Beam forming means that the antenna direction is changed so that a maximum signal arrives
at the desired location (end device). By bundling the radio waves, the signal is precisely aligned
in the direction of the customer or the device instead of the usual circular propagation of the
radio signals. During beam forming, the main transmission direction is aligned spatially so that
each terminal device is addressed with the signal assigned to it36.
 Network slicing
Network slicing allows the distribution of a network for different purposes at the level of the
entire network. A network operator can therefore provide certain quality features for a customer
category; for example, with an assured data capacity or a certain reaction time37.
 Low Latency
Low latency, as low as 1 millisecond, will be the other key for WAN usage. Customers are
using MPLS or dedicated lines today primarily for low latency in line-of-business applications.
5G's low latency may bring additional flexibility that lets businesses jettison some of their
branch office MPLS infrastructure in favour of the less expensive and more flexible 5G
connections to branches. This is especially true in retail or shared infrastructure or very remote
environments38.
 Density
5G density will enable up to 100 times more connected devices in the same physical area that
4G LTE operates today, while maintaining 99.999% availability. While this density may bring
business advantages for mobile workforces, the real benefit is increasing the size of the mobile
customer market. Mobile e-commerce is growing faster than retail and traditional computer-
34
35
IMDB
36
https://www.bcg.com/en-in/publications/2019/5g-will-take-different-kind-launch.aspx
37
38
IBID

based e-commerce. More customers than ever use mobile technologies to shop online, so
greater density increases the overall addressable market39.
 Reduction
An estimated 90% reduction in power consumption for devices means minor power savings at
the smartphone level. But, from an infrastructure perspective, especially for IoT devices, the
power savings could be significant. Combining IoT devices with a cellular 5G communication
means lower power overhead in design and actual consumption. Remote devices can be
expected to last significantly longer when running on battery alone. Some estimates even show
that a 10-year remote battery life may be achievable for IoT-based sensor devices deployed in
remote locations40.
 Security
Security is always a concern for mobile devices and IoT devices because the latter live on the
edge of the corporate network. With 5G, stronger security than 4G LTE will be available for
designers, including hardware security modules, key management services, over the air, secure
element and others. This will help ensure that the data transmitted over the 5G network is secure
while also hardening network endpoints41.
39
businesses
40
businesses
41
businesses

Legal considerations for the use of 5G networks - USA, EU & CHINA
The legislative frameworks throughout the world were designed mainly to regulate human to
human interactions and were not intended for machine to machine communications. The laws
on telecommunications relate to privacy, roaming and other rules that were designed to protect
interpersonal connections between humans. It is essential to compare the telecommunication
laws in the United States of America, China and the EU to assess readiness for the deployment
of 5G. These laws will be evaluated based on whether they mitigate the environmental and
risks of 5G42.
The United States of America
With the advent of 5G technology comes a need to re-examine the law and how it will need to
adapt to 5G technology. The United States’ Federal Communications Commission issued a 5G
Technology Plan or the 5G Fast Plan which was aimed at achieving three main goals. These
goals were, firstly the releasing of more spectrum into the marketplace; secondly modernising
regulations and thirdly limiting the barriers to wireless infrastructure deployment. The Federal
Communications Commission’s Spectrum Frontiers Orders has stated an intention to lay the
groundwork for the use of 5G technology in the United States by 2020. In the United States
federal law, the Repack Airwaves Yielding Better Access for Users of Modern Services Act a
wide range measures to facilitate the use of 5G networks in the US has been approved by the
US House of Representatives. There are two Acts drafted to streamline the auction and use of
airwaves to send and receive 5G signals the Spectrum Deposits Act and the Mobile Now Act
of 2016. The Spectrum Deposits Act allows the federal government to identify future spectrum
for 5G use. The Spectrum Deposits Act also provides for the government to speed up the
installation of 5G equipment on federal property43.
In the United States of America, 21 states have enacted small cell legislation. This legislation
streamlines regulations to facilitate the deployment of 5G small cells. Each state considered its
state and local environment before passing the legislation. The fundamental principles of the
legislation is are streamlined applications to access public rights of way. This allows mobile
network providers to place poles and facilities in public rights of way. The legislation places a
cap on costs and fees. The small cells are to be attached to public structures. All states enacted
42
43
IBID

must impose annual fees on new attachments to public structures. The legislation also regulates
the streamlined timelines for the consideration and processing of cell siting applications44.
The United States Courts of Appeals decided to quash a motion to stay the Federal
Communications Commission’s revised rules relating to the rollout of small-cell 5G
technologies. This decision allows for telecommunications companies to mount small cell 5G
equipment on street lights. This decision goes against the need for community decision making
relating to public safety and wellbeing.
The Secure 5G and Beyond Act was introduced by US senators which obliged to President to
develop a security strategy for next-generation networks. The Act, however, prevents the
President from nationalising 5G networks. The Bill advocates for a National
Telecommunications and Information Administration to ensure that the advantages of 5G are
harnessed in a way that minimises the risks of using the 5G networks. The Bill also tasks the
President with providing that foreign allies maximise the security of their telecommunications
networks and software45.
The Federal Communications Commission is in the process of assigning additional high band
spectrum, mid-band spectrum, low band spectrum and unlicensed spectrum. Assigning these
spectrum bands will allow for an increase in low latency data traffic. This allocation will be
beneficial to the Internet of Things (IoT) devices46.
The US government is keen to foster the development and advancement of the IoT. The
National Telecommunications and Information Administration’s Internet Policy Task Force
has reviewed the benefits, challenges and potential role of the government accordingly47.
The European Union

According to the European Commission’s Digital Agenda for Europe targets, at least one major
city in every Member State of the European Union should have a commercial 5G network by
2020.
The Council of the European Union met in Brussels in December 2018 to reach an agreement
on the European Electronic Communications Code. The code encourages spectrum allocations
across the European Union. A minimum license lasts for 15 years, but it can be extended quite
easily for another five years. The code includes an outline for the renewal, transfer, sharing and
lease of spectrum rights processes. The code obliges for 5G spectrum bands to be assigned by
the 31 of December 2020.
Like the United States, operators and mobile service providers are granted a right of way on
public infrastructure. But unlike in the United States, it is not necessary for the mobile services
providers to be subject to prior permits, fees or charges.
44
IBID
45
46
IBID
47

The European Communications Code has been criticised as failing to pre-empt some of the
long term challenges of the European telecommunications sector. This lack of foresight could
mean hindering the deploying 5G networks in Europe. The Code has been said to be unclear
as it involves complexities that confuse electronic communications service providers and
machine to machine service providers.
The European Communications Code is said to be fragmented because of the level of 5G
service regulation in Europe will differ from state to state. The Code does not include measures
to promote the harmonised availability of 5G across EU member states. As stated before, the
deployment of 5G services requires new frequency bands. New frequency bands are possible
when a copious amount of small cells is deployed because higher frequencies have a shorter
transmission range. Previous regulations were primarily focused on more massive high power
macro cells. These regulations are not appropriate in the case of networks using these smaller
cells. Some European countries such as Italy and Greece have failed to create legislation that
is welcoming to 5G technology because of the ineffectiveness of law-making bodies as well as
the burden of government regulation. Luxembourg, on the other hand, can make the required
regulatory interventions as a result of the effectiveness of the law-making bodies and the law
relating to ICT. Switzerland is a non-EU country but stands in better stead than EU nations to
issue effective regulations and policy in the realm of 5G technology. The Netherlands, Norway
and the United Kingdom are EU member states that have powerful law-making capabilities
that enable them to harness the advantages of 5G technology48.
The Code does indeed create a more efficient and flexible framework for the introduction of
5G technology. The drawback is that the code will only be implemented in 2020, but by then
the deployment of 5G technologies would already have been implemented.
The People’s Republic of China

The Chinese government has keenly promoted the development of 5G technology and the IoT.
The Chinese government has developed many laws and regulations including legislation on
information security, intellectual property rights and data protection. Unfortunately, China
does not have a comprehensive regime for the introduction of 5G technology and IoT. The
Ministry of Industry and Information Technology (MIIT) of China has been driving the
implementation of 5G technology. The Ministry of Industry and Information Technology is
tasked with issuing licenses to mobile networks to deploy 5G hardware and software49.
China would have been an ideal country for supplying the United States, Japan and Australia
with the hardware needed for 5G mobile networks. The National Intelligence Law of 2017 and
the Counter Espionage Law of 2014 enacted in China state that Huawei, a company with its
parent plant in China, would be obliged to provide the Chinese government with any
information it requires. The National Intelligence Law states that any organisation or citizen
must cooperate with the state intelligence authorities in terms of the law". The Counter
Espionage law states that “when the state security organ investigates and understands the
48
49
IBID

situation of espionage and collects relevant evidence, the relevant organisations and individuals
shall provide it truthfully and may not refuse”. Huawei was otherwise poised to become the
core backbone of 5G infrastructure in advanced western liberal democracies50.
Regulating Environmental Impact

Although China and the United States, as well as the European Union, have created a legal
landscape to support the introduction of 5G technology. It is however interesting that neither
of these countries has enacted or proposed legislation that regulates the environmental harm
and the adverse effects on humans51.
The European Commission has absolved itself of responsibility for any potentially harmful
effects of radiofrequency radiation. The Treaty on the Functioning of the European Union
states that the primary responsibility for protecting the public from potentially adverse effects
of such radiation remains with the Member States. The regulation of the environmental impact
will undoubtedly be varied amongst the Member States52.
In Brussels, plans for a pilot project to provide high speed 5G wireless internet in Brussels were
stopped. The halt is because it is not possible to estimate the radiation from the antennas of the
small service required for 5G service. In the Netherlands, political parties were anxious to know
what the potential dangers if the small cells were installed on a large scale. The Netherlands
Parliament, therefore, urged the Health Council of the Netherlands to carry out an independent
investigation into 5G radiation. In Germany, a petition with 56 643 signatures requested that
the German Parliament suspended the procedure to award 5G frequencies because of doubts as
to the safety of this technology53.
There is an International Appeal to Stop 5G on Earth and In Space addressed to the United
Nations, the European Union, the Council of Europe and the World Health Organisation with
63 379 signatories from at least 168 counties as of March 29 2019.
50
51
IBID
52
53
https://www.huawei.com/minisite/5g/img/GSA_the_Road_to_5G.pdf

Potential applications of 5G
Massive machine-type communications (M-MTC) Applications of this type are

characterized by huge volumes of end-points and connections, using low-cost devices and
modules for wireless sensor networks, connected home, smart metering and so on. It is possible
that applications of this type may start to emerge without a generational change in technology:
there is nothing about some of these applications that cannot be handled – on a reasonable scale
– by 4G networks. However, it is the ability to handle very much larger numbers of connections
efficiently – including in the signaling network – that is prompting development of new
networks that will scale more easily. It is generally expected that tens of billions of these
devices will be deployed in the next decade, with the number of devices far exceeding numbers
of human users of wireless networks. Business Insider’s predictions are typical: around 23
billion IoT devices by 201954 .
Mission-critical applications: These applications – many of them machine-to-machine

(M2M) – are those where high reliability and low latency are essential. Some have been
delivered in the past by relatively expensive industry specific or proprietary networks and IT
systems; others are emerging applications, enabled by ubiquitous wireless connectivity, but
with stringent requirements for safety or other operational reasons. Examples include
connected cars, industrial automation and some applications in health, such as remote surgery.
The potential for cellular networks in these markets is very large if it is possible to meet the
performance criteria demanded by potential users55.
 Manufacturing getting more automated

5G will bring about greater and more intelligent automation – not just the use of robots, but
also the ability to fully integrate supply chains across industry, sector and national boundaries,
according to CGI UK56.
“Individual parts and deliveries across the whole supply chain will also be able to be tracked,
leading to greater efficiencies in supply and logistics processes, The impact on individual
54
55
56
https://www.computerweekly.com/feature/What-5G-applications-will-transform-your-business

industries will depend on the use cases and the outcomes to be delivered, but the general trend
will be greater integration and sharing of data to make supply chains run more smoothly.”
 Improving transportation
5G can aid the development of autonomous vehicles and address issues facing the transport
sector, such as traffic congestion, pollution and collisions, by enabling a truly intelligent
transport system. For instance, 5G will enable direct communication from vehicle to vehicle,
without passing through the network, to prevent traffic congestion and delays. Autonomous
vehicles are capable of alerting others of changing conditions, such as collisions, weather or
road incidents57.
“This allows autonomous vehicles to drive close to each other in what are called ‘platoons’ –
a group of vehicles going in the same direction at a given time – optimising traffic flow
while increasing safety on the road. 5G will also enable communication between vehicles and
city infrastructure such as sensors, traffic lights, cameras and drones. The issue today is that
the wireless technologies used by existing systems are fragmented – but 5G will not only unify
the communication and provide direct low latency, but it will also enable intelligent
applications which are not achievable today58.
 Smart power grids
The main use of 5G in the energy sector will be to provide the single communications “network
of networks” to allow smart grids and demand-side energy flexibility to become the norm.
Being able to model the grid in real time means it can be automated to run the right level of
supply at any time.
The digital twins of the distribution grid, generating stations and substations, more effective
monitoring of power consumption on a macro and micro level, more efficient power generation
to meet real-time demand and the ability to allow off-grid sources to integrate seamlessly in
the energy supply ecosystem59.
 Retailing improving using VR and AR
The introduction of 5G is not just an incremental telecoms technology improvement with the
potential to reach speeds of 10Gbps with minimal latency and pervasive connectivity, it opens
up an array of possibilities for retailers and their technology teams. 5G will enable them to
“supercharge” innovative consumer experiences and provide highly personalised engagement
to consumers, powered by seamless connectivity and ultra-fast response times.
The main examples where we expect retailers and leading consumer goods companies to use
5G are smart shelves, real-time merchandising messaging and promotions, personalised digital
signage both in-store and in mobile apps, and virtual reality (VR) and augmented reality (AR)-
enabled technologies like adaptive magic mirrors, which would have an impact for fashion
retailers, the ability to track and monitor store inventories in real time – allowing consumers to
seamlessly order online for home delivery if their choice is not available in store – is another
57
IBID
58
https://www.rfpage.com/applications-5g-technology/
59

where the quick response times powered by 5G will make a big difference for consumers
seeking great retail experiences60.
 Industrial automation and utilities
Industrial automation and robotics is a very active market: the term Industry 4.0 has been
coined (initially in Germany, as a government initiative) to define a collection of technologies
aimed at improving the efficiency of industry through innovative use of ICT. Three key parts
of Industry 4.0 are interoperability and connectedness within and beyond smart factories (an
industrial Internet of Things), virtualization (where deep sensor networks monitor physical
factories and the resulting data can be used to simulate changes to the physical factory to test
new concepts), and real-time capabilities for process control, for instance. These elements have
implications for communications networks, including the end points of the networks. Wireless
sensor modules typically need secure, ultra-reliable communication, but must have low power
requirements (some are self-powered using energy harvesting)61.
In addition, the greater connectedness of points of the industrial process – both within and
beyond the factory, including greater links between digital models, design engineering
processes and physical plant, and including the concept of collaborative robotics (human-robot
connection at a distance) – mean that communications beyond the factory needs integrating.
Factory automation specialists such as GE, Mitsubishi and SAP have been building industrial
IoT platforms (characterized by robustness, and secure protocols developed from traditional
automation approaches), but extended to support IP communication over a wider area62.
The financial impact of IoT on factories could be huge. Within the utility sector, many countries
in the world are now moving to a more intelligent power grid (smart grid). Smart grids add the
capability to manage power demand more intelligently (both by the consumer and, through
tariff incentives, the supplier) – including by reaching beyond the meter or home gateway to
devices in the home and consumer apps. Smart grids also enable utilities to deal with distributed
generation (often from small-scale renewable energy installations)63.
All this requires two-way communications with very high reliability and very broad coverage
at low cost. For protection and control of power grids, very low latency is a requirement. While
existing cellular networks are being used to deliver smart grid connectivity, the extension of
the smart grid to more endpoints and to more mission critical applications means that
robustness and cost of communication will become an increasingly important factor in the
future. Innovation Observatory estimated the value of the advanced metering communications
network infrastructure to support smart grid deployments to be around 9% of the total smart
grid CAPEX (capital expenditure), and spend on communications services where networks
have not been self-built to be USD13 billion per annum by 202564.
 Entertainment and multimedia
60
61
62
IBID
63
https://ec.europa.eu/digital-single-market/en/news/cybersecurity-5g-networks-eu-toolbox-risk-mitigating-
measures
64

55 percentage of mobile Internet traffic has been used for video downloads globally in
2017(KPMG). This trend will increase in future and high definition video streaming will be
common in future.5G will offer a high definition virtual world on your mobile phone. High
speed streaming of 4K videos only takes few seconds and it can support crystal clear audio
clarity, live events can be streamed via wireless network with high definition. HD TV channels
can be accessed on mobile devices without any interruptions. Entertainment industry will
hugely benefit from 5G wireless networks. It can provide 120 frames per second, high
resolution and higher dynamic range video streaming without interruption. Audiovisual
experience will be rewritten after the implementation of latest technologies powered by 5G
wireless65.
Augmented reality and virtual reality requires HD video with low latency. 5G network is
powerful enough to power AR and VR with amazing virtual experience. HD virtual reality
games are getting popular and many companies are investing on VR based gaming. High speed
5G network can offer better gaming experience with high speed Internet66.
 Farming efficiency
What can be done in factories can also apply to farms, meaning more automation of processes
and the ability to use sensors to improve processes. For instance, Vodafone has already placed
sensors onto female cows’ tails. When they are pregnant, a cow’s temperature rises and they
swish their tail more to stay cool.
A simple sensor can report on the rise in temperature and tail movement, which can then be
processed by artificial intelligence (AI) and machine learning to predict the likely time of
labour, meaning the farmer and vet are able to devise a schedule for birthing, according to
Palmer67.
 Internet of Things
Internet of Things (IoT) is another broad area for development using supercharged 5G wireless
network. Internet of Things will connect every objects, appliances, sensors, devices and
applications into Internet.
IoT applications will collects huge amount of data from millions of devices and sensors. It
requires an efficient network for data collection, processing, transmission, control and real-
time analytics.It is the most efficient candidate for Internet of Things due to its flexibility,
unused spectrum availability and low cost solutions for deployment68.
 Autonomous Driving
Self-driving cars are not very far from reality with the use of 5G wireless networks. High
performance wireless network connectivity with low latency is significant for autonomous
driving.
65
IBID
66
67
68

In future, cars can communicate with smart traffic signs, surrounding objects and other vehicles
on the road. Every millisecond is important for self-driving vehicles, decision has to be made
in split second to avoid collision and make sure passenger safety69.
 Smart cities
Smart city applications are extremely varied. Indeed, the term smart city is used to describe
many different exemplars – though all involve the addition of connectivity and IT to
infrastructure, and the development of processes with greater levels of intelligence and
automation than previously. In the most compelling examples of smart cities, data from
multiple domains (transportation, public administration, emergency services, weather sensing,
etc.) are brought together within IT systems that can lead to better planning and better, faster
(real-time and automated) responses to changing situations. Smart cities are generally
associated with deep sensor networks – though in most examples these sensor networks have
currently been installed to support applications in one or two usage domains only – such as
road traffic management and parking70.
In Santander, a flagship smart city case study in Spain, 20,000 sensors (wireline and wireless)
have been installed to support parking and traffic management, energy management, lighting,
waste and water services and public information applications. Rio de Janeiro, Brazil, is an
example of a city that is (through a long partnership with IBM) attempting to integrate multiple
domains of city administration with a highly integrated IT system complemented with deep
sensor networks and high levels of automation. Wireless networks lend themselves very well
to providing the connectivity needed, especially as installing fixed connections where they do
not already exist may be prohibitive in terms of cost and disruption. To support the most
ambitious smart city ideas though needs ubiquitous connectivity through a network capable of
supporting multiple data flows with varying performance requirements, as efficiently and
reliably as possible: some smart city applications are ‘mission critical’
 Drone Operation
Drones are getting popular for multiple operations range from entertainment, video capturing,
medical and emergency access, smart delivery solutions, security and surveillance etc. 5G
network will provide strong support with high speed wireless internet connectivity for drone
operation in wide range of applications.
During emergency situations like natural calamities, humans have limited access to many areas
where drones can reach out and collect useful information71.
 Health
Mobile health application concepts have been developed over many years and some have
become widely used. In developed economies, use has centred round personal health records
and fitness data, wearable activity tracking, and smartphone-based applications for the
monitoring and treatment of long-term medical conditions from mental health problems to
diabetes. In developing economies with limited health and wireline telecoms infrastructure,
69
IBID
70
71
IBID

mobile services have enabled the delivery of remote diagnosis and support for paramedics, as
well as stimulating new medical devices built on connected mobile platforms72.
In many countries the mobile network has been a tool to simulate and map disease outbreaks
for public health and epistemology research, to assist with asset tracking and to support
individuals needing care beyond health service premises. But faster, more reliable, lower-
latency networks open up opportunities not only for wider use of existing applications, and
their improvement (for instance through the use of implantable technologies and smart pills,
and better visual diagnosis through high-definition video) but the development of new uses
such as remote, robotic surgery using VR, AR and haptic technologies and other mission-
critical medical interventions. Analysts Technavio forecast the global market for digital health
to be growing at around 17% per annum to 2019, with growth in the US connected health M2M
market even faster at around 29% CAGR to 201973.
Analyst estimates of the size of the market for wireless or mobile health globally range from
around USD25 billion to around USD60 billion. Analysts say the market for some types of
surgical robots may be nearing saturation in developed markets (though the number of
procedures is growing), but advanced communications networks could open up new markets
for remote robotic surgery, if network performance is good enough74.
72
73
IBID
74

Projected statistics with respect to the increased use of 5G
Forecast of 5G subscription in Future

5G presents an opportunity for operators to tap into revenue streams emerging from the
digitalization of industries. Enabling new use cases, new services new business models and
new eco-system, service providers can benefit from up to USD 619 billion market opportunity
globally in 2025. In other words, this represents the chance to add up to 36 per cent growth in
revenues across this period.
Source - https://www.statista.com/statistics/858278/5g-subscriptions-forecast-worldwide/
Forecast number of 5G subscriptions worldwide from 2020 to 2025 this statistic shows the
number of 5G subscriptions worldwide from 2020 to 2025. In 2025, the number of 5G
subscriptions is projected to reach 2.61 billion.
5G is expected to hit the market by 2020. By 2021, the number of 5G connections is forecast
to reach a figure of between 20 million and 100 million. Some estimates put the figure at 200
million. Spending on 5G mobile infrastructure for that same year is forecast to be at around 2.3
billion U.S. dollars75.
Wireless Network
75
https://www.statista.com/statistics/858278/5g-subscriptions-forecast-worldwide/

Many internet users worldwide already rely on cellular wireless data for 100 percent of their
home data needs. According to a 2017 Deloitte survey, that percentage is very low in some
countries (such as the United Kingdom, at 5 percent). But in other countries (such as the United
States, Canada, and Turkey), nearly one-fifth or even more of the internet-using population
relies on cellular radio waves instead of wires. It is worth noting that there can be a form of
digital divide between wired and wireless-only users, with those resorting to the latter option
sometimes experiencing lower speeds and/or capacity. The two user groups are also
demographically different: Wireless-only consumers in each of the countries studied differ in
age, income, education, and other factors76.
When it comes to reaching the broadest possible customer base in a country where both
wireless and wired connections make sense in different geographies, 5G wireless (at both sub-
6 GHz and mmWave frequencies) can be useful when combined with a wire line fibre strategy.
In Canada, two of the country’s three major operators have announced such a hybrid strategy,
using FTTP for homes where fibre density is high enough, and 5G to cover the rest. One carrier
plans to enable 9 million of its 12 million subscriptions with FTTP and sees an “immediate
opportunity” to reach another 0.8–1 million using 5G wireless technology77.
76
https://www2.deloitte.com/us/en/insights/industry/technology/technology-media-and-telecom-
predictions/5g-wireless-technology-market.html
77
IBID

Wireless adoption through the generations
5G usage will spread faster than 3G, which launched in 1998 and took time to gain widespread
acceptance.
4G launched in late 2009 and early 2010 with only a handful of operators offering services
within a limited territory. Although more and more 4G networks have deployed in the decade
since then, it will take until 2019 for 4G to become the single-most used wireless technology
worldwide, and according to the GSMA, 4G usage will not surpass 50 percent of all subscribers
globally until 2023—14 years after launch. This means that 5G will likely still be a relatively
niche technology even in 2025, with its forecast 1.2 billion connections making up only 14
percent of the total number of mobile non-IoT connections worldwide. Considerable variance
will be seen across countries: 49 percent of all American subscribers are expected to be 5G in
that year, 45 percent in Japan, 31 percent in Europe, and 25 percent in China, but only single-

digit percentages in Latin America, Middle East, and Africa. Ten years from now, providers
will still be rolling out 5G78.
5G brings across large number of legal, policy and regulatory issues
Some of these legal issues:
a) 5G & Privacy
b) 5G & Cyber Security
c) 5G & Data Protection
d) 5G & Consumer Protection
e) 5G & Individual rights
f) 5G & Surveillance, interception and monitoring
g) 5G & Data Retention
h) 5G & its impact upon human life
i) 5G & crime
j) Other legal, policy and regulatory issues with respect to 5G
78
https://www2.deloitte.com/us/en/insights/industry/technology/technology-media-and-telecom-
predictions/5g-wireless-technology-market.html

5G & Privacy
There are a few major security wins in 5G. Many relate to anti-tracking and spoofing features
that make it harder for bad actors on a network to track and manipulate individual device
connections. To do this, 5G encrypts more data, so less is flying around in the clear for anyone
to intercept. 5G is also a much more software and cloud-based system than previous wireless
networks, which will allow for better monitoring to spot potential threats. It will also enable
operators to do what’s called "network slicing"—segmenting the system in numerous virtual
networks that can be managed and customized separately. This means that different "slices"
could have different tailored protections for specifics types of devices79.
5G, and the most important aspect of this is that the underlying physical infrastructure of the
Internet will remain the same. In other words, 5G antennas will still need to be connected to
the internet through fibre optics cables, which are typically run by internet service providers,
which are interconnected with other ISPs and the broader Internet through more fibre optic
cables. In practice, whatever exploitation of our data governments or companies are currently
capable of doing will remain possible, including communications surveillance, data retention,
information sharing or traffic analysis, amongst many others exploitative techniques80.
On the security side, 5G protocols have upgraded standards to protect the communication
between the devices and the antennas, bringing some improvements that should prevent the
abuse of signalling protocols or the deployment of IMSI catchers to gather metadata, bringing
some needed improvements81.
From the increasing use of artificial intelligence to connecting networks of devices at home to
more secure ways to track transactions, “There’s a whole series of related technologies
happening all at once,” says Mark Foster, senior vice president, IBM services and global
business services. The attackers, he says, might exploit everything from mining Bitcoin to
posting fake news on Twitter. Even creepier: a cyber-intruder might eavesdrop through a 5G
baby-cam. While you are watching video content that is being distributed via 5G, you might
be watched back. Smart for some time now. In 2017, TV maker Vizio was forced to pay $2.2
79
IBID
80
https://privacyinternational.org/long-read/3100/welcome-5g-privacy-and-security-hyperconnected-world-
or-not
81
IBID

million to the Federal Trade Commission and the State of New Jersey because it was snooping
on viewers without their consen82t.
The real risk comes not from the network itself but potentially from applications that would
not have been possible prior to 5G.
How such practices play out in an interactive 5G viewing environment will depend on how
companies go about it, which ones partake, and whether the consumer has a say in the matter.
That mobile carriers will be able to detect your whereabouts more precisely because the shorter
range of the initial wireless 5G signals will, he says, necessitate more cell towers that are closer
to your location83.
On the world stage, there are other subplots that bear scrutiny. For instance, citing espionage
fears, U.S. lawmakers have expressed major concerns about Chinese telecommunications giant
Huawei and its ambitious plans to lead globally on 5G. Huawei has not only denied the
allegation but has sued the U.S. government over a federal ban against the Chinese maker's
equipment. The European Union recommended a series of steps in which member nations
assess their own 5G risks and collectively work thereafter to ensure a high level of cyber
security. The EU resisted U.S. pressure to impose a similar ban against Huawei84.
Recent high-profile security ruptures and the misuse of data have already put consumers on
edge. According to IBM Research, 81 percent of consumers globally say that in the past year
they have become more concerned with how companies are using their data. And 75 percent
are less likely to trust companies with their personal information85.
The current diversification of mobile network operators and services ensures that the origins
of our data remain diverse. However, because competition for 5G service delivery is fierce and
because there are clear front runners, it can be expected that this power will be consolidated
into the hands of only a few companies, increasing the ability of those few companies to access
and utilize consumer data more directly86.
Right now many people use mobile devices and cloud-based services to conduct personal and
business banking, track and monitor health data, and share photos and messages, among other
things. This increasing overlap between our personal and digital selves will only increase as
5G enables all new types of personalized applications that will collect and consume data.
Because the surveillance potential of a system comprised of billions of antennas, sensors and
cell relays is one of a previously inconceivable scale, the risk posed to data privacy is an issue
of a whole new scale87.
82
privacy/3032281002/
83
84
privacy/3032281002/
85
IBID
86
https://www.rcrwireless.com/20191209/5g/security-vs-privacy-whats-the-distinction-in-the-5g-era
87
https://ec.europa.eu/digital-single-market/en/news/cybersecurity-5g-networks-eu-toolbox-risk-mitigating-
measures

Application Intelligence: 5G application use-case spectrum is very broad including wearables,
smart home, smart cities, autonomous cars and industry automation. IoT and Industry 4.0 are
going to be the biggest drivers for 5G applications. Hence, Context Aware Engine (CAE) will
become an integral part of 5G to make networks aware of the underlying context and cognitive
enough to provide smart experiences for an individual subscriber on the network with better
flow management decisions.
Network Intelligence: 5G networks are inherently complex with multiple layers of virtual
functions, virtual and physical RAN assets, spectrum usage, distributed computing nodes and
based on SDN/NFV concepts . Network analytics hence will become very critical to build a
flexible 5G network where roll-out and operational complexity is simplified. Network planning
and optimization (NPO) to decide where to scale specific network functions and application
services will be based on machine learning algorithms that analyze network utilization and
traffic data patterns more closely. In short, Operations and Business Support Systems
(OSS/BSS) will have analytics integrated and embedded into their toolset unlike the traditional
systems where analytics has been an afterthought until today. 2. Key Technology and Business
Drivers Big Data Analytics is inherently synergistic with other 5G technology trends such as
SDN/NFV and MEC. Following are the key trends and business drivers that will shape the
roadmap of data analytics in 5G:
 Mobile Cloud/Edge Computing: Mobile Cloud Sensing, Big Data, and 5G Network make an
Intelligent and Smart World. Mission critical applications such as public safety and healthcare
domain would need analytics in real-time. Thanks to slicing-based traffic prioritization, MEC-
based local analytics or the latency improvements promised by new 5G air interface, 5G lays
a foundation for supporting mission-critical edge analytics and tactile internet applications. 5G
makes it possible to not just sense and analyse at the edge, but also trigger actuators to trigger
response actions within fraction of seconds and all data seamlessly travels from cloud to a
plethora of end points88.
 IoT over 5G (Industrial IoT): The mass amount of information being created by the IoT has
the power to revolutionize everything from manufacturing to healthcare to the layout and
functioning of smart cities — allowing them to work more efficiently and profitably than ever
before. A fleet management company for instance found that it was able to reduce the cost of
managing its fleet of 180,000 trucks from 15 cents per mile to just 3 cents.
 Data Monetization: Telco’s until 4G/LTE have been only using data to improve service
quality and customer experience. However, with the many possibilities of 5G network services
combined with IoT & AI, they will explore new business models of monetization such as
intelligent enterprise application services. For Telco’s, business opportunities not just lie in
monetizing data but the value delivered to enterprises through application and network
intelligence layers89.
 Predictive Maintenance: Predictive Maintenance is the leading use-case of Industry 4.0. As

per a market research report, predictive maintenance is an $11B market opportunity in next 5
years. Predictive maintenance helps in predicting failures before they occur by leveraging AI.
AI is anticipated to have an increasing role in ICT and is rapidly becoming integrated into many
88
https://futurenetworks.ieee.org/images/files/pdf/applications/Data-Analytics-in-5G-Applications030518.pdf
89
IBID

aspects of communication, applications, content, and commerce. Gartner’s hype cycle of
emerging technologies in 2017 adds 5G and Deep Learning for the first time90.
 Cognitive Analytics: Analytics in 5G will morph itself into Machine /Deep Learning instead
of traditional descriptive analytics with basic BI reporting. Analytics in 5G will evolve to an
extent that learns from the context, predicts what will happen next, prescribes the next best
action or step, learns from the past behavioural patterns for taking the most optimal decision,
and for fully autonomous applications, automates the next action. Analytics-generated insights
can increasingly drive decision making, and with the speed of 5G, more information will be
collected and processed, faster than ever before leading to cognitive intelligence applications 91.
All of these devices will be harvesting reams of data from the world around them, executives
such as Mr. Stephenson say. Already, cities around the globe have started to use sensors to
collect data on traffic, pedestrians, garbage and buildings. These so-called “smart city” testbeds
offer a window into just how much information cutting-edge wireless networks might be able
to gather92.
Police in China, for example, have piloted camera-equipped glasses that use 5G’s extremely
quick response times to power facial-recognition software, allowing authorities to spot targets
before they leave an area. Companies based in North America and Europe, meanwhile, are
highlighting the opportunities 5G technology offers merchants and marketers, such as the
ability to pinpoint how long a customer lingers in front of a certain store shelf or display93.
90
https://futurenetworks.ieee.org/images/files/pdf/applications/Data-Analytics-in-5G-Applications030518.pdf
91
IBID
92
https://www.wsj.com/articles/5g-race-could-leave-personal-privacy-in-the-dust-11573527600
93
IBID

5G & Cyber Security
The number of cyber security issues the day is also likely to bring. But as worrisome as cyber
threats are now, the stakes will soon get higher. 5G technology will drive an overhaul of
telecommunication networks whose impact may run for decades. 5G holds mind-boggling
promise. The machine-type communication is positioned to be the unique selling point and
strategic difference 5G has over 4G. 5G networks will be at the core of mission-critical systems
that facilitate the connectivity, automation, and digitization of robots, machines, transportation
systems, and more. But with the tremendous 5G opportunities comes a greater need than ever
to give weight to the security of devices, applications, and connections94.
With China’s Huawei emerging as the world leader in 5G, plenty of cyber security concerns
have revolved around the geopolitical intricacies of U.S.-China relations. However, 5G cyber
security risks that will most affect the average person will be far less grandiose. The Huawei
debate risks drawing attention away from the full spectrum of security risks 5G is associated
with.
Unlike its predecessors, 5G is a software-driven network. That means future upgrades may not
require changes to physical infrastructure but would rather be effected in much the same way
as software updates to your smartphone’s OS and apps. While this dependence on software is
going to mean a drastic reduction in upgrade costs for service providers, it also implies that any
cyber vulnerabilities would have far-reaching long-term ramifications. It’s a complex
challenge given the number of interdependent participants on a 5G network none of whom
retain absolute and final responsibility for keeping the system secure95.
On one hand the high-speed, low-latency 5G networks will unlock tremendous potential across
several verticals including healthcare, smart cities, autonomous vehicles, Industry 4.0 and the
Internet of Things (IoT), it could expose vulnerabilities of a hyper connected environment
leading to issues such as online frauds, data breach, identity theft and ransomware attacks.
For most new-age digital enterprises, 5G translates into increased number of network endpoints
that could be comprised by hackers. Supporting a large number of connected devices, 5G
94
http://techgenix.com/5g-technology-cybersecurity-risks/
95
IBID

networks offer ultra high bandwidths over Long-Term Evolution (LTE), thus presenting a
different threat landscape than other networks96.
According to the Global Risk Report 2019, released by the World Economic Forum - India had
faced the largest data breach in the world due to "lax cybersecurity protocols" resulting in
breach of records of more than 1.1 billion citizens97.
With agility, technological prowess and innovation being non-negotiable criteria for any
successful business in today’s time, it is crucial for organizations to proactively re-assess their
security strategies. Ensuring cybersecurity in a digital world should be every leader’s priority
and they need to build ‘risk management’ as an integral part of their growth agenda.
New cloud / virtualization technologies such as software-defined networking (SDN) and

network functions virtualization (NFV) are thriving in anticipation of 5G networks, but they
too come bundled with a fresh share of security concerns due to their open, flexible,
programmable nature.
5G networks can be sliced into uniquely purposed slices and each virtual network slice could
demand unique security capabilities based on various usage scenarios. Security of 5G network
infrastructure must also evolve alongside the standard. However, with no firm 5G technology
standard truly in place at present, the market is still discovering essential 5G functionalities and
the complications that they bring along98.
In a digitized and hyper-connected world, IoT devices and sensors will need complex
authentication parameter to prevent unauthorized access. Smart homes and smart cities too will
require strong methods of authentication, such as biometric identification. In a smart
manufacturing set-up, IoT devices, robots and human personnel should be able to exchange
data to collaborate effectively. Creating interconnected, efficient and semi-automatic smart
factories is impossible without strong communication architecture in place. 5G
communications can create better connectivity across the multiple devices on the shop floor
and by pairing with machine learning algorithms and big data analytics, it can provide better
control of a lot of processes that are performed manually. Several profitable use cases emerge
as a result99.
Top 5G security concerns
1. Larger attack surface due to the massive increase in connectivity

2. Greater number of devices accessing the network
3. The extension of security policies to new types of internet of things (IoT) devices
4. Authentication of a larger number and wider variety of devices
5. Insufficiency of perimeter defences
96
https://cio.economictimes.indiatimes.com/news/digital-security/cybersecurity-is-key-to-a-successful-5g-
strategy/72064603
97
98
strategy/72064603
99
strategy/72064603

5G faces security challenges and opportunities brought by new services, architectures, and
technologies, as well as higher user privacy and protection requirements. The industry needs
to understand the requirements of diversified scenarios and better define 5G security standards
and technologies to address the associated risks. During 2018, the 3rd Generation Partnership
Project (3GPP) SA3 held seven meetings. 74 companies (including their subsidiaries) sent
technical experts to attend the meetings, with the key objective of formulating 5G security
standards. The 3GPP SA3 has comprehensively analyzed 5G threats and risks in security areas:
Security architecture, authentication, security context and key management, radio access
network (RAN) security, Security within NG-UE , authorization, subscription privacy, network
slicing security, relay security, network domain security, security visibility and configurability,
credential provisioning, interworking and migration, small data, broadcast/multicast security,
management security, and cryptographic algorithms 100.
Key assets of 5G networks include users' personal data and communication data, hardware and
software assets of wireless and core networks, computing resource assets, as well as accounts,
passwords, logs, configurations, and charging data records (CDRs) operated and maintained
by operators. Hackers attack wireless networks in an attempt to steal and tamper with users'
personal data or compromise the availability of networks or computing resources. According
to 3GPP specifications , "The SUPI should not be transferred in clear text over NG-RAN except
routing information, e.g. Mobile Country Code (MCC) and Mobile Network Code (MNC)."
The Packet Data Convergence Protocol (PDCP) can be used for the air interface and IPsec for
transmission to guarantee the confidentiality and integrity of users' personal data. 5G gNodeBs,
however, face wireless signal interference on external air interfaces and attacks on protocols to
compromise service availability. Some 5G core network elements, such as UDM, process and
store users' personal data. As a result, 5G core networks face breach of users' personal data as
well as attacks to compromise resource 3GPP 5G security and 4G security share the same
purpose, which is to ensure the confidentiality, integrity, and availability of networks and data.
Availability. Because the central equipment rooms for core network deployment generally
adopt high-level security protection, the risks of malicious invasion can be effectively
mitigated101.
Virtualization of networks
5G virtualizes higher-level network tasks previously executed by physical appliances. These

tasks ride on standard Internet Protocol and commonly used operating systems. By
transitioning from hardware to software-based operations, this inadvertently introduces attack
convenience for criminal actors and rogue nation-states keen on exploiting network
virtualization for ill intent.At the physical level, the small cell, short-range, low-cost antennas
that dot urban areas will be a lucrative target in the 5G dispensation. At the virtual level, cell
sites will rely on the dynamic spectrum sharing (DSS) capability of 5G. The DSS involves
sharing bandwidth between multiple streams of data with each bandwidth slice having its own
level of cybersecurity risk. By allowing the network to shift dynamically, the cybersecurity
100
https://www.gartner.com/en/conferences/apac/data-analytics-india/gartner-insights/gc-modern-data-
analytics-governance-foundations.html
101

controls must be dynamic too to accommodate the varying levels of risk. Enforcing a single
lowest denominator cybersecurity solution will fall short of securing all slices102.
Constantly connected IoT devices transfer large volumes of data over 5G networks. This poses
many challenges to protecting customer data privacy:
5G & Data Protection
The processing of personal data, such as name, address, e-mail address, or telephone number
of a data subject shall always be in line with the General Data Protection Regulation (GDPR),
and in accordance with other country-specific data protection regulations applicable. Through
this data protection declaration, we would like to inform anyone concerned and the general
public of the nature, scope, and purpose of the personal data we collect, use and process.
Furthermore, data subjects are informed, by means of this data protection declaration, of the
rights to which they are entitled.
1. China is one of the leading nations in digital technologies like 5G, and the governments
all around are worried that if Chinese companies like Huawei install key elements of
5G networks in the country, they may be able to spy on the traffic passing through them
– posing a huge national security risk.
2. In the 5G world, as more wearable devices and smart appliances connect to a network,
they will transmit personal and more sensitive information. For example, a heart rate or
insulin monitor will record and transmit sensitive, personal medical information, which
would need protection from cyber-breach.
3. Location data privacy is an alarming concern with 5G internet. 5G has a smaller

coverage area, and therefore many more cellular towers are placed together within a
smaller radius. This can help your mobile operators track your precise location and even
your movement trail. What happens if this data is sold to third parties
4. IoT devices are now being optimized for energy efficiency and can be left running
without being monitored. Such devices may turn out as a surveillance nuisance in the
102
www.wired.com

future.
5. What happens if smart home appliances are not configured properly with data
sensitivity in mind? Consider a scenario, where the manufacturer can remotely program
when a device can stop functioning without the owner’s consent. Or what about your
microwave sending out your food preferences to food delivery companies
The FTC has issued guidelines espousing the principle of transparency, recommending that
businesses: (i) provide clearer, shorter, and more standardised privacy notices that enable consumers
to better comprehend privacy practices; (ii) provide reasonable access to the consumer data they
maintain that is proportionate to the sensitivity of the data and the nature of its use; and (iii) expand
efforts to educate consumers about commercial data privacy practices.
 Lawful basis for processing

While there is no “lawful basis for processing” requirement under U.S. law, the FTC recommends that
businesses provide notice to consumers of their data collection, use and sharing practices and obtain
consent in limited circumstances where the use of consumer data is materially different than claimed
when the data was collected, or where sensitive data is collected for certain purposes.
 Purpose limitation
The FTC recommends privacy-by-design practices that include limiting “data collection to that which
is consistent with the context of a particular transaction or the consumer’s relationship with the
business, or as required or specifically authorized by law”103.
 Retention
The FTC recommends privacy-by-design practices that implement “reasonable restrictions on the
retention of data”, including disposal “once the data has outlived the legitimate purpose for which it
was collected”.
5G & the Data Security Implication:
This latest iteration of communications technology is designed to provide benefits such as

increased performance made possible by much higher data rates than offered by previous
cellular networks. The latest networks will achieve the higher data rates by using higher
frequency radio waves than previous cellular networks104.
Other possible benefits of 5G include reduced latency, energy savings, cost reduction, higher
system capacity, and massive device connectivity—an important consideration for the growing
Internet of Things (IoT)105.
In addition to IoT, the high data rates and low latency of 5G are expected to support newer
applications such as virtual reality (VR) and augmented (AR), as well as accommodate the
103
https://iclg.com/practice-areas/data-protection-laws-and-regulations/usa
104
IBID
105
https://businessinsights.bitdefender.com/5g-data-security-implications

huge amount of data consumption needed for autonomous vehicles to operate safely. The first
phase of 5G specifications is scheduled for completion by April 2019 to accommodate early
commercial deployment. The second phase is due to be completed by April 2020106.
Research firm International Data Corp. (IDC) in November 2018 forecast that worldwide 5G
network infrastructure revenue will reach $26 billion in 2022 as network build-outs progress
and 5G-enabled solutions gain traction. With the first instances of 5G services having rolled
out in the fourth quarter of 2018, this year is set to be a “seminal year” in the mobile industry,
the firm said. That being the case, it’s a good idea for organizations to be prepared for any data
security issues related to 5G. One 2018 study, by a team from ETH Zurich, the University of
Lorraine/INRIA, and the University of Dundee, described some of the concerns with the next
generation of mobile communication.
The researchers subjected the 5G mobile communication standard to a comprehensive security

analysis. And while they concluded that data protection is improved in comparison with the
previous standards 3G and 4G, security gaps are still present. With the aid of a security protocol
verification tool designed for analysing cryptographic protocols, the researchers systematically
examined the 5G Authentication and Key Agreement (AKA) security protocol, taking the
specified security aims into account107.
The tool automatically identifies the minimum-security assumptions needed in order to achieve
the security objectives set by the 3rd Generation Partnership Project (3GPP), a collaboration
between groups of telecommunications standards associations.
The analysis showed that the standard is not sufficient to achieve all the critical security aims
of the 5G AKA protocol.
The researchers also determined that the protocol permits certain types of traceability attacks,
in which a mobile phone does not send the user’s full identity to the tracking device but still
indicates the phone’s presence in the immediate vicinity108.
They assume that more sophisticated tracking devices could also be dangerous for 5G users in
the future. If the new mobile communication technology is introduced with these
specifications, the team said, it might lead to numerous cyber security attacks. The team is in
contact with 3GPP to jointly implement improvements in the 5G AKA protocol that would
address remaining security concerns109.
A recent posting on SDxCentral, a security news site, examined some of the top 5G-related
security challenges, threats, and vulnerabilities. These include the threat of automotive cyber
attacks as autonomous vehicles become more widespread; medical identity theft following new
health industry applications; and unauthorized access to IoT devices.New cloud and
virtualization technologies such as software-defined networking (SDN) and network functions
virtualization (NFV) are gaining ground in anticipation of 5G networks, the post said, but they
also come with new security concerns. Because of their open, flexible programmable nature,
106
IBID
107
108
IBID
109
https://www.privateinternetaccess.com/blog/2019/05/why-5g-is-a-huge-future-threat-to-privacy/

SDN and NFV can be insecure technologies isolation. The security of 5G network
infrastructure must evolve along with the standard110.
SDxCentral, citing advice from networking company Cisco, mentions a number of security
protections organizations should focus on. One is to minimize the basic issues that account for
most security incidents, by using firewalls to protect networks, access controls to minimize
user-based risk, and intrusion detection and prevention tools to block basic 5G security
threats111. Another is to stop advanced malware, going beyond signature-based tools to spot
the attacks designed to evade basic filters. Behaviour-based checks on endpoints, possibly
using sandboxing, are important. And once a threat is detected, organizations need to be able
to remove all instances of it on the network112.
5G & Consumer Protection
The telecom market is extremely difficult for consumers to navigate; 57 percent of smartphone
users find it complicated to understand what is included in mobile data plans. A similar
proportion says that wading through all the options for the best plan is confusing. Operators'
frequent price changes, campaigns and introductory promotions compound this. With just 3 in
10 users across 14 countries satisfied that their operator presents mobile broadband plans
simply and transparently, operators must work hard to help consumers navigate this mobile
maze.
Given this complexity, half of all smartphone users are unaware of their plan's data allowance
and 7 in 10 users are unsure how much mobile data they consume monthly. This results in a
gross misalignment between what consumers buy and what they use. Only one-third use their
entire mobile data allowance; the rest either exceed or have unused data by the end of the
month. A lack of recommendations, insight or support during the buying process causes a
quarter of heavy data users to buy smaller monthly data allowances than they require, while up
to 60 percent of light data users buy more than they require. This often leads to the consumer
experiencing data plan distress on approaching their allowance limits; on average, half of all
smartphone users globally experience this113.
One possible hidden drain on mobile data allowances is mobile advertising. Anywhere from
18 to 79 percent of the monthly data bucket can go towards delivering advertising. Our survey
suggests that 70 percent of smartphone users globally are unaware of mobile ads eating up data
allowances but, when made aware, 6 in 10 expect operators to give them more control over
whether to see these ads and be transparent about data consumed by mobile advertising114.
110
111
IBID
112
113
https://www.ericsson.com/en/internet-of-things
114
IBID

The lack of communication around data being consumed by advertising, as well as data plan
distress, are costing telecom operators consumer loyalty. Globally, among those smartphone
users who switched operators in the past six months, half switched to a new data plan. However,
2 in 10 among them switched because of plan misalignment; they either exceeded their
allowance or were charged an overage fee or had unused data left over. with the research and
buying process for most consumers now starting online, consumers want effortless digital
simplicity from providers. However, only one third of smartphone users globally say they are
satisfied with operators' ability to present plans in a simplified and transparent way, and a
similar proportion are satisfied with their ability to assist them in the online buying process
with recommendations via chatbots. The operator challenge is to simplify the purchase process,
bring about greater transparency regarding usage and meet consumers' evolving needs,
demands and expectations. Today this experience is neither effortless nor simple115.
Most pressing of potential new risks in the 5G era is the impact of scale on security. More data
means more opportunities for hackers to find weaknesses, and harder for network operators or
enterprises to recognize suspicious or unusual user behavior because it will be better hidden
within the surrounding data. Further, the sheer number of devices requiring security and
authentication will skyrocket. Because these devices will also require a longer lifetime than
previously used devices, they will also require low-power security measures that don’t hinder
long-term battery life116.
5G is expected to generate a variety of new applications and business cases for enterprises,
many of which have yet to be imagined. For example, high-definition video/imagery and voice
will likely supplant the keyboard as the main computing input mechanism. This would not be
possible without 5G as a key enabler, as its power and speed will be needed to manage a new
tsunami of data117.
But government has a crucial role to play in allowing 5G and Industry 4.0 to deliver their full
potential – not least in ensuring they are properly secure.
It is vital that 5G is secured, as it will almost certainly lead to sensors and other devices
communicating and making decisions independently of humans. If these decisions are to be
trusted, then it is vital to be certain that no malicious code has been injected118.
The first generation of IoT technologies had little or no security, as the perceived threat was
small and it was prohibitively expensive and difficult to introduce into small sensors. Sadly,
cyber-attacks by both state actors and criminals have shown that there is a very real risk which
must be addressed.
To take one example, autonomous vehicles could be given a bespoke route through a city by
roadside transceivers, enabling authorities to optimize the use of the road network – but an
attacker could subvert such equipment to cause gridlock, or worse119.
5G technology has been designed to support as many as one million devices per square
kilometre– ten times the density possible with 4G. In other words, 5G will allow the connection
115
https://www.ericsson.com/en/digital-services
116
117
https://home.kpmg/xx/en/home/insights/2019/01/why-enterprise-5g-needs-governments-for-regulation-
and-security.html
118
IBID
119
IBID

of billions of devices across the world, from citizens to building materials to factory
equipment120.
This mass connection will enable Industry 4.0, projected to be worth trillions of dollars a year
in a few years’ time, powering machine-to-machine communication, augmented decision
support and demand-driven supply chains. Although the concept has been over-hyped in its
early days, we are beginning to see manufacturers starting to adopt it at scale and 5G will be
the fundamental enabler for mass adoption121.
5G needs government for governance
While 5G will not be controlled by governments, it can’t happen without them. At the most
basic level, many countries will need to free up radio spectrum which is currently used for other
things, such as satellite and radar systems.
Some government agencies will have a role to play in opening access to 5G, which allocates
devices a specific slice of a network rather than sharing bandwidth. This makes it potentially
viable for facilities such as military airfields to securely share bandwidth with civilians. In
some countries where commercial networks do a poor job of serving rural areas, providing
access to military connections could significantly help to connect remote communities and
bridge the digital divide122.
More broadly, 5G will disrupt government agencies and companies in ways that will require
governments to regulate. It will allow more use of augmented and artificial intelligence, but
may need rules on what decisions can be delegated to machines and when humans need to be
‘in the loop’, particularly in the military environment123.
5G could revolutionize some healthcare services, such as by allowing earlier detection of

serious conditions through remote analysis of vital signs collected by body-worn devices, but
this would require regulation on how such information is used.
The need for government regulation is particularly clear for autonomous vehicles. It’s not
possible to have truly self-driving cars until they can rapidly communicate what they plan to
do next, and 5G will allow this. In an emergency where there is no time to involve a human,
vehicles may have to choose between two bad outcomes, such as whether to prioritize the safety
of passengers or people outside. It will be down to governments to set the ethical and legal
rules for machines to follow. Some governments, including Germany’s, have already started
grappling with such questions124.
Securing 5G networks
Security is fundamental to 5G’s success and this may be where government interventions are
most important. As discussed, IoT devices based on earlier wireless standards are notorious for
120
and-security.html
121
and-security.html
123
and-security.html
124
IBID

poor security. It is now possible to fit more processing power into tiny devices, but more
importantly 5G has the capacity to incorporate security at the network level.
5G’s use in Industry 4.0 will be particularly dependent on good security, partly as a result of
recently-introduced laws. As my colleagues Michael Bremicker and Doug Gates discussed in
their recent report beyond the hype, manufacturing increasingly uses data from customers, for
custom-produced goods and to allow feedback to drive continuous improvement. Tighter data
security laws, including Europe’s General Data Protection Regulation (GDPR), mean that data
breaches can lead to large fines and reputational damage125.
Companies also need to guard against the theft of their intellectual property, particularly in
additive manufacturing where data is used to generate the product, as well as against cyber-
attacks. 'Secure 5G’ will be a key instrument for protecting Nation’s Critical National
Infrastructure, which includes the energy, banking and telco sectors126.
5G holds huge promise for a range of industries. But while this is a technology that will be led
by enterprises, it will only succeed if governments set industry-s
5G will be used for a staggering variety of applications, devices and networks, which means
that security solutions will have to become more customized and specialized with varying
levels of security127.
125
and-security.html
126
IBID
127
and-security.html

5G & surveillance, interception and monitoring
Lawful interception in 5G networks will be different than past mobile wireless operations.
There are many reasons for this, but here are the critical three: First, the 5G network is
completely overhauled whereby the entire network core (everything from circuits to network
elements to computing elements) will be virtualized, including LI interfaces and capabilities.
Second, the sheer scale, transmission rates and density of user devices - as well as new devices
themselves such as IoT, cars, video terminals, and embedded systems - will present demands
on monitoring facilities never before experienced. Third, 5G standard bodies are heavily
influenced by privacy-driven organizations like the IETF and non-traditional network
equipment vendors with strong anti-government surveillance views, thereby introducing new
levels of encryption and privacy making many traditional LI tools such as IMSI catchers
obsolete128.
 This webinar will present these and other challenges facing law enforcement as well as
solutions under development by leading lawful interception vendors. Topics covered
include:
 5G RAN – how can LEAs keep up with 5G speeds, density, traffic types (IoT, device,
heavy media), expected traffic volume and encrypted traffic … let alone backhaul and
process that in real-time?
128

 Mobile edge computing – how do LEAs address localized computing and connectivity
(e.g., peer to peer live streaming), mobile edge computing, cloud
infrastructure/partnerships/applications, and V2X?
 NFV/Slicing/MVNO – how does a virtualized environment, slicing applications,
roaming, and content/edge routing impact intercept?
 Privacy/IETF – how are efforts to protect/obfuscate identity (e.g., SUPI/IMSI masking,
AAA/Diameter, and encryption mandates) impact intercept?
 What does the intercept look like while networks are transitioning from a 4G/LTE to a
5G core
The decentralized network architecture of 5G would require the list of target persons to be
mirrored on the other virtual network elements so that it can be queried there for each new
communication process129.
5G is designed to cope with the increase in data traffic that video streaming is causing. That’s
mainly about end users downloading and watching video streams on their handheld devices.
But once 5G is in place, it will also be perfect for live-streaming uploads – using smartphones
to show what is happening around you in real time. Although there are lots of valid reasons
why users may want to do that, there are clearly privacy implications for the people that appear
– perhaps unknowingly – in those live streams. As more people engage in this kind of
continuous life-streaming activity, so privacy will become harder to preserve130.
5G is also specifically engineered to be able to cope with more connections, not least from
“billions of Internet of Things devices”. Indeed, the availability of fast, wireless connections
everywhere is likely to see even more IoT devices – often with microphones and videocameras
– dotted around our homes, offices, public buildings, streets, cars, public transport etc. But as
this blog has pointed out several times, while IoT may be convenient and clever, it too often
turns into surveillance. The increased energy efficiency that 5G will bring means that devices
can be left on all the time, with few worries about wasting electricity or being penalized because
of high data usage. Similarly, low-energy requirements mean that devices can run off long-
lasting batteries, allowing IoT/surveillance devices to be installed in many new locations,
possibly quite remote, with no need for wired connections131.
5G has the potential to enrich the experience of using mobile devices. But equally, the “new
applications for the industry, opening up new revenue streams” could easily turn into new ways
of undermining our privacy. In this sense, the concerns about Chinese companies dominating
the world of 5G are justified. Surveillance in China is ubiquitous, and companies operating
there will have no qualms about exploiting the potential for 5G to make it even more
unavoidable and intrusive, just as they have with CCTV cameras. The danger comes not just
from Chinese companies. The risk is that Western companies will argue that they must follow
suit in developing ever-more intrusive products and services with surveillance at their heart, or
129
130
IBID
131

be left behind in the great 5G race that is underway. However, this distribution over the entire
5G architecture also carries the risk that the list is compromised and falls into the wrong hands.
It would therefore also be possible to deposit the list exclusively at the, Lawful Intercept
Control Function“. This is the interface to which the authorities submit their interception
orders. However, this would mean that every communication process would have to take a
detour via the „Target List “on this central server. This would considerably increase latencies
and melt an important advantage of 5G telephony, which is up to 100 times faster than former
network generations132.
There’s no doubt that nearly every industry stands to benefit from the rollout of 5G, and
security is at the top of the list. The technology will affect almost everything, from the way
natural disasters are handled, to the communication between devices within the Internet of
Things (IoT), to possibly the most impacted aspect of all: video surveillance. With today’s
cameras predominantly connected to the Internet, surveillance systems will experience several
advantages from 5G technology133.
Increased Time
The most apparent impact of 5G technology revolves around the minutes users will get back in
a world without lag time or slow download and upload speeds. This means that security
personnel can view smooth and instantaneous live video footage, giving them the ability to
facilitate real-time responses to potential incidents or emergencies. Additionally, end users can
upload video to the cloud (or download it elsewhere) within seconds134.
Vast Connectivity
In areas where surveillance cameras are required to capture an extensive amount of space, such
as in cities or at public attractions, wireless frequencies can become bogged down. With both
consumers and professionals attempting to connect, security cameras can experience a lag that
they cannot afford when it comes to mitigating risk. 5G networks ease up this congestion,
creating the ability for more devices to connect at faster, uninterrupted speeds. For reference,
the current 4G capacity is around 1 million devices over 500 kilometers; with 5G, this same
number of devices will fit and function on the same network in one square kilometer135.
Enhanced Mobile Capabilities
Mobile streaming of surveillance footage is more important now than ever before, and 5G
significantly raises the bar. Users are given the ability to view crystal clear imaging in the palm
of their hand on any mobile device, in virtually real time. This makes response time to any
situation faster than it’s ever been, allowing security operators to ensure that they gain full
awareness of a scene in a moment’s notice from any location136.
132
https://www.oncamgrandeye.com/thought-leadership/the-top-3-ways-5g-will-affect-video-technology/
133
IBID
135
https://www.oncamgrandeye.com/thought-leadership/the-top-3-ways-5g-will-affect-video-technology/
136
IBID

5G & Crime
5G mobile connectivity, due to the challenges it could provide for law enforcement. The report
argues that 5G technology will "complicate the use of the unique mobile phone card identifiers
that allow law enforcement to identify and locate devices", making it more difficult to carry
out legally permissible technical investigation and surveillance measures of suspected
criminals.
This would mean "one of the most important tactical operational and investigation tools would
therefore become obsolete", providing a potential boon for criminals who want to hide.
"The potential challenges for law enforcement as a result of developments within the area of
5G do not appear to be a priority for developers," the paper adds.
The rise of the Internet of Things has already caused security issues – such as the Mirai botnet –
but there's a fear that as more and more IoT devices enter homes and workplaces, the insecurity
in them could prove extremely lucrative for them. “The vulnerability of IoT devices may be
exploited by criminals seeking to collect personal data, compromise user credentials or even
spy on people or organisations137.
The criminals used two common types of cyber attack: a “botnet”, which takes control of
internet-connected devices and using them as weapons in a cyber attack; and a “distributed
denial of service” (DDOS), which overwhelms a network or website with more messages than
it can handle. When hackers or criminals break into a device connected to 5G, the network’s
speed will mean that they can extract and download information, including personal data and
customer information, much faster than before138.
5G that has not received much attention is how it will be seized upon by the murkier side of
the global population. Cyber-crime is a raging battle front and perhaps, before 5G becomes
widely available, governments and regulators should consider how criminals may utilise the
technology139.
The European Union Agency for Law Enforcement Cooperation, better known as Europol, has
highlighted that the new technology will threaten existing techniques for tracking criminals.
137
https://www.verdict.co.uk/5g-cyber-crime/
138
https://www.ft.com/content/74edc076-ca6f-11e9-af46-b09e8bfe60c0
139

Europol’s 2018 Internet Organised Crime Threat Assessment (IOCTA) has followed on from
research begun by the EU’s Public Private Partnership on 5G and noted that new security
concerns will come from issues related to locating users and GDPR140.
Firstly, the underlying virtualisation technology needed to deal with the complexity and
bandwidth of 5G makes it much harder to identify and locate individual users. 4G technology
gives each user a unique identifier. 5G technology only allocates temporary identifiers141.
Artificial intelligence offers a potential way for the police and security services to overcome
this challenge. However, the GDPR laws designed to protect individual privacy mean that the
data bases required may themselves be illegal142.
The benefits derived from 5G can also be used for nefarious purposes. The sheer volume and
speed of data flows on 5G coupled with the increased number of devices expected on these
networks provide threat actors with a greater surface area to launch their attacks. This is
becoming a cause of concern for regulators, policymakers, and service providers worldwide143.
IoT has come a long way, from the invention of the toaster that could be controlled over the
internet in 1990, to connected smart home devices like Amazon’s Alexa, and now, to systems
that control public infrastructure, such as power grids. As India progresses towards Digital
India, through enhancing online infrastructure and Internet connectivity to digitally empower
citizens, one fact remains unchanged: IoT devices continue to be one of the most exploitable
tool set sin a cybercriminal’s arsenal due to the unregulated nature of the IoT industry.
The fact that manufacturers are still producing IoT devices without security in mind, combined
with the billions of IoT devices lacking the necessary security protection, means that threat
actors have ample opportunities to launch their attacks without having to invest in expensive
resources.
Earlier this year, a firewall vulnerability allowed hackers to attack the US power grid, causing
outages– all thanks to a firmware that the operator had failed to update. Furthermore, security
analysts have detected a group of hackers scanning power grids across the US in search of
access into the larger network. Not surprising given that both US and Russia have been
constantly launching cyber-attacks on each other’s power grids as part of their political power
play. An attack similar to these would not only have a crippling effect on the digital initiatives,
but could also waiver the public’s confidence in its government144.
The rise of IoT devices also brings with it the rise of thing bots that further exacerbate this
problem. Just like a crack that forms on a dam, a single compromised IoT device is enough to
create a flood of cyber-attacks to take down critical systems. If you are using a webcam that
was manufactured before 2010 that has not had its firmware updated, the devices can be easily
exploited by cybercriminals to propagate malware throughout the larger network infrastructure.
140
141
IBID
142
143
https://www.cxotoday.com/news-analysis/beware-5g-networks-can-boost-cybercrime-too/
144
IBID

All cybercriminals need to do now is to scan for and apply brute-force to vulnerable devices,
install malware, and “auto build” thing bots to enable the attack to take its course145.
Cybercriminals are launching more attacks than ever and adapting their techniques to
trick more victims and make more money.
Email – Still a Top Threat Vector

Clicking on a link in an email has very often led to successful cyberattacks. That is what makes
e-mail one of the easiest and most effective way for cyber-attackers to harvest user credentials
and personal information. Also, to install malware on a target’s machine. In 2020, CISOs must
do more to make this channel more resilient to threats. Such as investing in cyber-security
infrastructure, enforcing adequate policies and security training programmes, utilizing AI-
powered tools to detect spear-phishing and other fraudulent messages, etc146.
The BEC and Deep Fakes
Business email compromise (BEC) attacks cost organisations millions of dollars every year. In
the months to come, highly targeted attacks and conversation high jacking will proliferate as
mechanisms for BEC – making these threats even more convincing, and ultimately more costly.
Organisations will need to raise staff awareness about the threat with their internal training
programmes. More focus needs to be put on technologies and processes designed to spot and
block attacks147.
There’s also another arguably bigger threat that is growing rapidly – “Deepfakes”. These are
AI-based spoof images, videos and audios created using computers and machine learning
software – to make them seem real, even though they are not. They will be used to propagate
disinformation and even trick employees into making wire transfers. The threat will need
advanced tools, strong cybersecurity solutions and improved employee training in order to be
mitigated148.
Cloud Dilemmas
The advent of digital transformation in companies has led to the advent of cloud platforms –
like hybrid and multi-clouds. But this has also given rise to high-level security concerns as well
as complexities that many in-house security teams are not equipped to manage.
Over the coming year, we will see growing data leaks stemming from misconfiguration of
cloud infrastructure. Along with an increasing number of data breaches where hackers
capitalise on internal mistakes to make off with sensitive data. This could also result in
unauthorized information disclosure and data tampering149.
Ransom ware Woes
145
146
147
IBID
148
https://e.huawei.com/in/products/cloud-computing-dc/storage/all-flash-
storage/?utm_source=google&utm_medium=cpc&utm_campaign=EEBGHQ197501L&utm_content=General&
utm_term=data_storage
149
https://www.cxotoday.com/news-analysis/top-5-cyber-threats-to-watch-out-for-in-2020/

Its 2020, and ransom ware is here to stay. This year, hackers will go extra lengths to make sure
their attacks are successful – deploying file-less malware techniques, RDP compromise and
lateral movement to stay hidden until the time is right to strike. The average ransom demand is
increasing too, and cybercriminals will find critical times to make these demands150.
Supply Chain Cautions
How important supply chains are for modern organizations is a well-known fact. And that is
what makes them a potential security risk. Hackers will become increasingly adept at exploiting
supply chain relationships, to further their own interests. In 2020, we will see more attacks on
managed service providers (MSPs), which provide a handy stepping-stone into client networks.
We will also see digital campaigns targeting the supply chain. CISOs will have to revisit their
SLAs and partnership agreements – to guarantee a baseline level of cybersecurity among all
their suppliers. They will need to develop their defences knowing that a breach is inevitable151.
The cyber security industry is developing new technologies to mitigate the emerging threats
targeting segments such as email security, data protection & cloud security. Business leaders
need to be aggressive about data security now more than ever152.
Securing your business on 5G
In order to have a fighting chance against these threats, it is crucial for regulators and
government agencies to not only create guidelines to educate businesses and how to be better
prepared in the face of these threats, but also enforce regulations that require IoT manufacturers
to design products with security in mind.
In India, for example, the Ministry of Communication and Information Technology

Government of India has issued a National Cyber Security Policy, encouraging all
organizations to develop and implement information security policies duly integrated with their
business plans as per international best practices. Such policies should include establishing
standards and mechanisms for secure information flow (while in process, handling, storage &
transit), crisis management plan, proactive security posture assessment and forensically
enabled information infrastructure153.
On the same vein, IoT manufacturers and Service Providers have a role to play in ensuring
security remains a top priority in product design, and to release regular firmware updates to
ensure devices are able to deflect new strands of IoT attacks as more connected devices are
deployed on 5G networks. For businesses using IoT devices, it is vital to have in place a
mitigation strategy, as well as a robust security framework factors in Distributed Denial of
Service (DDoS) prevention. It is also critical for businesses to educate employees about the
potential dangers of IoT devices and how to use them safely to safeguard their systems154.
150
IBID
151
IBID
152
153
IBID
154

5G Will Make Investigating Organized Crime Harder
5G technology, which is anticipated to be up to 100 times faster and more efficient than 4G, is
viewed as an essential tool in facilitating society’s shift towards maintaining an “internet of
things,” where more and more technology--such as self-driving cars and garbage disposal
systems--is connected to the internet. Unlike 4G, 5G will encrypt the unique identifiers that
enable the identification and geo-location of mobile phone users, making intercepting and
investigating communications between suspected criminals more challenging155
5G & Data Retention
5G connectivity will provide seamless connectivity to sensors in virtually everything from

heavy machinery to wearable’s for prescriptive maintenance, fraud detection, and security. Its
ability to support a massive number of devices in a small area will enable smarter cities,
factories, utilities, and smart agriculture. Ultra-reliable, low latency communications, will
transform industries like critical infrastructure, autonomous vehicles, and real time healthcare.
It will make it possible for surgeons to perform remote life-saving surgeries over 5G networks
It is expected to enable billions of connected devices powering IoT. Statista.com estimates that
there will be 75.44 billion connected devices by 2025, generating tons of data. While many
applications like smart homes will be connected to the cloud, other applications that require
real-time analysis and control of IoT devices will generate huge amounts of data that will be
too large to transport, store, and analyze in the cloud in time to be useful. This demand for high
volume, real time processing, can only be met by processing on the edge. Real time 5G IoT
applications will require systems sitting on the edge, processing data and connected to backend
repositories in the enterprise or cloud156.
This requires two types of storage systems, one for the edge and one for the backend
repositories.
On the edge, the storage system will need to be a low-cost, high performance storage systems
that can manage very high volumes of data. In my previous post I described what Telefonica
calls their 5G Storage use case. This 5G storage is direct attached storage that is managed by
Hitachi Content Platform Anywhere Edge. The direct attached storage reduces, latency and
cost, while the Hitachi Content Platform Edge provides a bottomless virtual storage capacity
for the local file system157.
155
https://www.occrp.org/en/daily/10245-europol-5g-will-make-investigating-organized-crime-harder
156
https://site.ieee.org/wf-5g/files/2018/11/CoughlinStorage-and-Memory-to-Support-5G-070518.pdf
157
IBID

The (CCPA) introduces new obligations on covered businesses, including requirements to
disclose the categories of personal information the business collects about consumers, the
specific pieces of personal information the business has collected about the consumer, the
categories of sources from which the personal information is collected, the business or
commercial purpose for collecting or selling personal information, and the categories of third
parties with which the business shares personal information. It also introduces new rights for
California residents, including the right to request access to and deletion of personal
information and the right to opt out of having personal information sold to third parties. The
new requirements may force changes to data-driven business models and may necessitate
significant updates to covered businesses’ external and internal privacy policies and operational
compliance procedures158.
The backend repository, you can connect to a cloud if you can afford the latency of connecting
to the cloud. If you cannot afford the latency you will need to connect to a scalable high
performance storage system that can handle the massive amount of data that will be generated
by 5G applications. The ingest or transfer of data from the edge to the core will require a high
performance, storage system with scalable connectivity and bandwidth. Low latency solid state
devices and NVMe will provide optimum performance. Capacities will need to scale to
multiple petabytes with dedupe, compression and automated tiring to reduce cost. A lot of the
data management functions within the storage controllers should be offloaded to FPGAs to
reduce controller latencies and cost. Storage virtualization should be available to ensure
seamless migration for large data stores159.
Impact of 5G on other technology innovations
The combination of 5G and cloud technologies will enrich the capacity, functionality, and
flexibility of a number of industries, especially for cloud businesses themselves. This
combination will allow network carriers to offer competitive services in a way non-cellular IoT
(Internet of Things) network providers will be unable to copy. These innovations will introduce
several investment opportunities for cloud businesses. Here is how 5G’s improvement of cloud
technologies will benefit some innovations160.
Streaming data and analytics: The existing Big Data processing technology uses cloud
infrastructure to support the required storage. However, to stream analytics on Big Data,
systems still face major challenges related to latency with current wireless networks. As 5G
networks are touted to be surprisingly fast, real-time streaming challenges will be minimized
greatly.
Industrial IoT (IIoT): In industrial use cases, such as supply chain management and process
manufacturing, processing and analyzing the massive amount of sensor data in real-time is
crucial for valuable insights to manage cost and efficiency. 5G has the potential to reduce the
cost of Big Data analysis and make it even more effective given the remote and variable nature
of these workloads. Edge computing: 5G hugely impacts the performance of mobile and remote
devices. Remote systems such as location tracking apps, home automation systems, and voice
assistants, which are based on sensors, will use 5G to transfer a huge amount of data ten times
faster than 4G networks161.
158
https://iclg.com/practice-areas/data-protection-laws-and-regulations/usa
159
160
161
https://www.comparethecloud.net/articles/how-5g-will-accelerate-cloud-business-investment/

Artificial intelligence (AI) and natural language processing (NLP): As more and more
enterprises are using AI and NLP, they would require the ability to process and manage huge
data. Most cloud computing service providers have the necessary computers and storage but
need to improve their real-time data ingestion capabilities. 5G will provide the required level
of data transmission for AI- and NLP-based apps to work effectively162.
Virtual reality (VR) and augmented reality (AR): 5G will dramatically enhance the quality of
VR and AR applications, bringing innovations in industries such as retail, travel, healthcare,
etc.
As 5G and its applications evolve, there will be significant technology adoption in the above
areas. These areas involve huge and complex workloads, making cloud computing a key
component. We are a few years away from when 5G will become mainstream network
technology, but such a time isn’t as far as it seems163.
Currently, the 3GPP Release 15 standards for this next-generation network classified 5G
devices as non-standalone devices. It means these devices can’t perform independently and
need significant modifications to network standards and infrastructure. Thus, enterprises,
telecommunication firms, and cloud businesses have a few years to design and implement their
5G strategy164.
5G technology will enable cloud service providers to reach enterprise mobile customers easily
and reliably. Access to virtual machines via phones will become common because of larger
computing and machine-to-machine communication provided by 5G. Cloud computing
enterprises will offer more features and options to mobile users, and hotspots will become
faster, allowing remote workers access to cloud services, even where internet connectivity is
lacking165.
162
IBID
163
https://www.comparethecloud.net/articles/how-5g-will-accelerate-cloud-business-investment/
164
IBID
165
IBID

5G & its impact upon human life
Autonomous Vehicles
Autonomous vehicles are one of the most anticipated 5G applications. Vehicle technology is
advancing rapidly to support the autonomous vehicle future. Onboard computer systems are
evolving with levels of compute power previously only seen in data centers166.
We hear about autonomous vehicles today, and many people wonder what the barriers are to
making this future technology a reality. Many different developments in vehicle technology,
network speed, data throughput and machine learning must come together for the fully
autonomous vehicle future to materialize167.
5G networks will be an enormous enabler for autonomous vehicles, due to the dramatically
reduced latency, as vehicles will be able to respond 10-100 times faster than over current
cellular networks.The ultimate goal is a vehicle-to-everything (V2X) communication network.
This will enable vehicles to automatically respond to objects and changes around them almost
instantaneously. A vehicle must be able to send and receive messages in milliseconds in order
to brake or shift directions in response to road signs, hazards and people crossing the street168.
Let’s compare 4G and 5G latency: Presume a car traveling down the road at 30 miles per hour
needs to receive a signal to avoid hitting an object. With current 4G latency at around 100
milliseconds, a car would travel about 4 feet or 1.2 meters. With 5G latency around 10
milliseconds, the vehicle would only have travelled 5 inches or 12 centimetres. The difference
is significant and could mean life or death169.
166
https://www.digi.com/blog/post/5g-applications-and-use-cases
167
IBID
168
169
https://5g-ppp.eu/data-protection-declaration/

5G IoT in Smart City Infrastructure and Traffic Management
Many cities around the world today are deploying intelligent transportation systems (ITS), and
are planning to support connected vehicle technology. Aspects of these systems are relatively
easy to install using current communications systems that support smart traffic management to
handle vehicle congestion and route emergency vehicles.
Connected vehicle technology will enable bidirectional communications from vehicle to

vehicle (V2V), and vehicle to infrastructure, (V2X) to promote safety across transportation
systems. Smart cities are now installing sensors in every intersection to detect movement and
cause connected and autonomous vehicles to react as needed170.
The communications backbone to support connected vehicle technology can be phased in
today, well before 5G is fully deployed, dramatically improving pedestrian and vehicle safety.
5G IoT Applications in Industrial Automation
The key benefits of 5G in the industrial automation space are wireless flexibility, reduced costs
and the viability of applications that are not possible with current wireless technology.
Industrial automation is in use today, and most likely you have seen videos showing
synchronized robotics at work in factories and supply chain applications. Today these
applications require cables, as Wi-Fi does not provide the range, mobility and quality of service
required for industrial control, and the latency of today’s cellular technology is too high. With
5G, industrial automation applications can cut the cord and go fully wireless, enabling more
efficient smart factories171.
As stated by the 5G ACIA, “Industry 4.0 integrates the IoT and related services in industrial
manufacturing, and delivers seamless vertical and horizontal integration down the entire value
chain and across all layers of the automation pyramid. Connectivity is a key component of
Industry 4.0 and will support the ongoing developments by providing powerful and pervasive
connectivity between machines, people and objects. For example, with Industry 4.0, humans
and robots will be able to interact and work together; a machine can lift heavy parts and the
worker can attach them. For this to work, the robot needs to be in constant communication with
the factory and its surroundings. It has to be mobile, have complete physical range of motion,
and environmental sensors. These advances will enable symbiotic human-machine
partnerships where each plays the role it does best172.
Augmented Reality (AR) and Virtual Reality (VR)

The low latency of 5G will make AR and VR applications both immersive and far more
interactive. In industrial applications, for example, a technician wearing 5G AR goggles could
see an overlay of a machine that would identify parts, provide repair instructions, or show parts
that are not safe to touch. The opportunities for highly responsive industrial applications that
support complex tasks will be extensive. In business environments, you can have AR meetings
170
IBID
171
https://5g-ppp.eu/data-protection-declaration/
172
IBID

where it appears two people are sitting together in the same room, turning boring phone or 2D
video conferences into more interactive 3D gatherings173.
Sporting events and experiences will likely be some of the top applications for 5G in the
consumer space. Anytime you need to react quickly to a stimulus, such as in a sports training
application, it must happen with minimal latency. For example, if two people wearing 4G LTE
goggles were trying to kick a soccer ball back and forth, it would be very difficult to correctly
time their response, because by the time their brain has received the input that the ball has come
to them, it’s too late. But with 5G goggles, the lower latency enables the receiver to see the ball
and kick it back before it passes174.
We will also see more immersive experiences with AR in sports arenas. If you have a 5G phone
and AR, virtual players will welcome you and cheer you up as you walk in. And during the
game, you will be able to see larger-than-life replays and player stats.
In entertainment, expect to see more hologram entertainers and greeters. For example, we will
be able to bring Elvis Presley or Patsy Cline back to life via holograms. Or you can create your
personal AR dance partner175.
5G IoT Applications for Drones

Drones have a vast and growing set of use cases today beyond the consumer use for filming
and photography. For example, utilities are using drones today for equipment inspection.
Logistics and retail companies are looking at drone delivery of goods. The trend will continue,
and together with 5G we will be able to push limits of drones that exist today, especially in
range and interactivity.Today drones are limited to line of site and distance of the controller. If
you can’t see the drone or it is out of range, you cannot see where it’s going and maintain
control. With 5G, however, you will be able to put on goggles to “see” beyond current limits
with low latency and high resolution video. 5G will also extend the reach of controllers beyond
a few kilometers or miles. These advances will have implications for uses cases in search and
rescue, border security, surveillance, drone delivery services and more176.
Massive IoT Use Cases for 5G

One of the upcoming challenges of IoT will be its explosive growth. Statistica/IHS predicts that
the ratio of worldwide, IoT connected devices per human on the planet will increase from the
2 per person today to 10 per person by 2025. The projected number of connected devices
requiring a data connection places significant demands on the communications infrastructure
– e.g. cellular towers. While 4G is addressing this need pretty well today in areas with relatively
good cell density, this will improve even more with 5G177.
The minimum requirements documentation for the IMT-2020 standard — the standard that is
associated with 5G — requires minimum connection density of 1 million devices for square
173
174
IBID
175
176
IBID
177
IBID

kilometer In comparison, the 4G LPWA standard supports 60,680 devices at the same size of
coverage—a far cry from what 5G can deliver178.
Applications That Will Benefit from Massive IoT – Wearables and Mobile
What would trigger such a growth in connected IoT devices? Wearables, trackers, and sensors
will be a big market for the Massive IoT aspect of 5G. Consider when all of your gadgets,
appliances and machines you are interacting with on a daily basis are directly connected over
a cellular connection, in addition to phones, tablets and laptops that are already connected
today. 5G will enable far more devices to operate seamlessly (without perceived delays,
dropped signals, and so on) in any given area179.
High Speed Use Cases for 5G

In the high speed uses cases, we will see a range of applications that currently are hampered by
slow speeds. Fixed wireless access (FWA) will provide ultra-fast Internet for consumers and
businesses180.
Higher bandwidth applications like 4K and in the future 8K streaming, or 360 degree video
will enable high-quality, immersive experiences at real-time speeds for consumers. As the
viewer you will be able to control the angle you want to take. For example in a video car race,
you can look around and see who is next to or behind you181.
Businesses will be able to store more information in the cloud and access it over fast, low-
latency 5G as if it were stored locally. This reduces the need for expensive on-premise servers.
And instead of needing a fast laptop for rendering information locally, you render in the cloud
and have it streamed to you. It will be just like local but you can use your phone for these high-
end apps.
5G will also change how companies think about business connectivity. Today you might have
a fiber, DSL or cable modem line to connect your business for primary connectivity, and
cellular backup in case your primary connection goes down. But with 5G, cellular can become
your primary connection, with its high bandwidth, reliability and low latency. You won’t have
to worry about building wiring and the related installation costs. With cellular, you receive the
equipment, you plug it in and it works182.
178
179
and-security.html
180
IBID
181
IBID
182

Existing laws/legal frameworks/policies on 5G
The next generation of cellular connectivity will enable great advances in enhanced mobile
broadband, massive machine type communications and ultra-reliable low latency
communications. Those operating in this area require an understanding of cutting-edge
technology, the new business models it enables and the complex framework of regulatory,
commercial and IP issues that will need to be navigated in order to roll out 5G enabled devices
and networks.
The legal issues surrounding deployment of 5G. More over the implications of 5G connectivity
go well beyond telecommunications and will be felt in many other sectors including
transportation, manufacturing, energy, healthcare, media, entertainment and sport.
Legal Challenges on the acquisition and utilisation of spectrum to enable the deployment
of 5G New Radio:-
The National Telecom Policy envisage to move at the earliest towards liberalisation of
spectrum to enable use of spectrum in any band to provide any service in any technology as
well as to permit spectrum pooling, sharing and later, trading to enable optimal utilisation of
spectrum through appropriate regulatory framework183.
The spectrum trading leads to greater competition provides incentives for innovation,
better/new services being available to consumers at cheaper tariffs, better choice to consumer,
etc. This also facilitates ease of doing business in India by allowing free play in the commercial
decisions and leads to optimisation of resources apart from improving the spectral efficiency
and quality of service184.
Most countries consider RF spectrum as an exclusive property of the state. The RF spectrum
is a national resource, much like water, land, gas and minerals. Unlike these, however, RF is
reusable. The purpose of is acquisition is to mitigate radio spectrum pollution, and maximize
183
https://pib.gov.in/newsite/PrintRelease.aspx?relid=128668
184
IBID

the benefit of usable radio spectrum. The first sentence of the International Telecommunication
Union (ITU) constitution fully recognises "the sovereign right of each State to regulate its
telecommunication". Effective spectrum management requires regulation at national, regional,
and global levels185.
Goals of spectrum management include: rationalize and optimize the use of the RF spectrum;
avoid and solve interference; design short and long range frequency allocations; advance the
introduction of new wireless technologies; coordinate wireless communications with
neighbours and other administrations. Radio spectrum items which need to be nationally
regulated: frequency allocation for various radio services, assignment of license and RF to
transmitting stations, type approval of equipment (for countries out of the European Union),
fee collection, notifying ITU for the Master International Frequency Register (MIFR),
coordination with neighbour countries (as there are no borders to the radio waves), external
relations toward regional commissions (such as CEPT in Europe, CITEL in America) and
toward ITU186.
 Legal Compliance of cross-border telecommunications regulation and its application to

the technologies which will underlie the transition from an EPC environment to a full 5G
core.
Spectrum sharing is under heated discussion. Exponential growth of commercial wireless calls
for additional spectrum to accommodate more traffic flows. As a regulator, FCC responded to
these needs by making more spectrum available. Secondary market is allowed to emerge and
licensees are encouraged to lease use of spectrum to third parties temporarily. Making license
transferable is an important attempt made by FCC to create incentives for broadcasters to share
unused spectrum. Another proposed solution to the spectrum scarcity problem is to enable
communications systems to occupy spectrum that previously allocated for radar use and
cooperatively share spectrum. This approach has received increased attention recently with
several research programs, including DARPA programs, investigating several methods of
cooperative radar-communications spectrum sharing. More alternatives are underway187.
Spectrum scarcity has emerged as a primary problem encountered when trying to launch new
wireless services. The effects of this scarcity is most noticeable in the spectrum auctions where
the operators often need to invest billions of dollars to secure access to specified bands in the
available spectrum. In spite of this scarcity problem, recent spectrum utilization measurements
have shown that the available spectrum opportunities are severely underutilized, i.e. left
unused. This artificial "access limitation" based scarcity is often considered to result from the
static and rigid nature of the command and control governance regime. Interested parties have
now started to consider possible improvements in the governance regime by relaxing the
constraints on spectrum access. Two prevailing models are the "spectrum commons" and the
"spectrum property rights" approaches188.
The spectrum property rights model advocates that the spectrum resources should be treated
like land, i.e. private ownership of spectrum portions should be permitted. The allocation of
these portions should be implemented by means of market forces. The spectrum owners should
185
http://ssrn.com/abstract=793526
186
CG Publication 01/2020 "Cybersecurity of 5G networks EU Toolbox of risk mitigating measures"
187
L. Herzel, ""public interest" and the market in color television regulation",
188
IBID

be able to trade these portions in secondary markets. Alternatively, the spectrum owners would
be able to use their bands in any way they want through any technology they prefer. Although
the spectrum property rights model advocates exclusive allocation of transmission rights, it is
not the same as a licensed regime. The main difference is the service and technology neutrality
advocated in the spectrum property rights approach, as opposed to strict requirements on
services and communications technologies inherent in licensed governance regimes189.
Legal consulting on the acquisition and deployment of virtualised network functions and
the cloud based infrastructure on which they will run
Information communication and computation technologies are deeply converging, and various
wireless access technologies have been successful in deployment. It can be predicted that the
upcoming fifth generation mobile communication technology (5G) can no longer be defined
by a single business model or a typical technical characteristic. 5G is a multi-service and multi-
technology integrated network, meeting the future needs of a wide range of big data and the
rapid development of numerous businesses, and enhancing the user experience by providing
smart and customized services. In this paper, we propose a cloud-based wireless network
architecture with four components, i.e., mobile cloud, cloud-based radio access network (Cloud
RAN), reconfigurable network and big data centre, which is capable of providing a virtualized,
reconfigurable, smart wireless network190.
5G requires new approaches to cyber security
5G will be a physical overhaul of our essential networks that will have decades-long impact.
Because 5G is the conversion to a mostly all-software network, future upgrades will be
software updates much like the current upgrades to your smartphone. Because of the cyber
vulnerabilities of software, the tougher part of the real 5G “race” is to retool how we secure the
most important network of the 21st century and the ecosystem of devices and applications that
sprout from that network191.
Never have the essential networks and services that define our lives, our economy, and our
national security had so many participants, each reliant on the other—and none of which have
the final responsibility for cybersecurity. The adage “what’s everybody’s business is nobody’s
business” has never been more appropriate—and dangerous—than in the quest for 5G
cybersecurity. The new capabilities made possible by new applications riding 5G networks
hold tremendous promise. As we pursue the connected future, however, we must place
equivalent—if not greater—focus on the security of those connections, devices, and
applications. To build 5G on top of a weak cybersecurity foundation is to build on sand. This
is not just a matter of the safety of network users, it is a matter of national security192.
Data protection issues arising from the data generated by 5G connected devices and cross
border data flows enabled by cloud based core network infrastructures
189
IBID
190
https://www.ericsson.com/en/internet-of-things
191
https://www.brookings.edu/research/why-5g-requires-new-approaches-to-cybersecurity/
192
IBID

Data protection and privacy as simply a business risk is, in many instances, missing the
opportunity that the data you have can present in accelerating growth in your business and for
solving some of society's biggest issues193.
Data needs to be safe and secure, dealt with properly, but it also needs to be recognised as an
asset and used by organisations in an ethical and appropriate way that retains trust in those
whose data it is. Progress is dependent on safely exploiting the data you hold and unlocking
the potential it presents194.
 Real estate, commercial and competition law issues associated with the deployment of the 5G
The industry takes the view that initial deployment of 5G networks will be in dense urban areas
and will offer services such as enhanced mobile broadband (eMBB) – it will be commercially
challenging to deploy 5G networks in rural areas where demand tends to be lower –
consequently, rural areas may be left behind, thereby increasing the digital divide. However,
the use of sub-1 GHz frequency spectrum if available, can counteract this in rural areas. This
part of the spectrum allows mobile operators to cover wide areas at lower cost than with higher
frequency spectrum. While data speeds and network capacity in this part of the spectrum are
not as high as in higher frequency bands, the sub-1 GHz spectrum will enhance the coverage
of rural networks.
 EU regulatory frameworks
The EU uses a range of instruments to protect electronic communications networks, including

the EU telecommunications frameworks , the NIS Directive (Directive on Security of Network
& Information Systems)6and the Cybersecurity Act78. Under the EU telecommunications
framework, obligations can be imposed on telecommunication operators by the respective
Member State(s) in which they are providing service. Member States are required to ensure
that the integrity and security of public communications networks are maintained and have to
ensure that undertakings providing public communications networks or publicly available
electronic communications services take technical and organisational measures to
appropriately manage the risks posed to security of networks and services195.
The framework also provides that competent national regulatory authorities have powers to
issue binding instructions and ensure compliance. In addition, under Directive 2002/20/EC10
Member States are allowed to attach to a general authorisation conditions concerning the
security of public networks against unauthorised access, for the purpose of protecting the
confidentiality of communications196.
The European Electronic Communications Code (EECC), which will replace the current
framework as of 21 December 2020, maintains the security provisions of the current framework
and also introduces definitions on the security of networks and services and security incidents.
In addition to this, the EECC provides that security measures should, as a minimum, take into
account all the relevant aspects of certain elements in areas such as security of networks and
facilities, handling of security incidents, business continuity management, monitoring, auditing
193
https://www.pwc.co.uk/issues/data-protection.html
194
IBID
195
196
IBID

and testing as well as compliance with international standards13. Neither the current
framework nor the EECC include any provisions directly applicable to the network equipment
manufacturers and other service providers in the electronic communications supply chain, since
these providers do not fall under their scope197.
The NIS Directive requires operators of essential services in other fields (energy, finance,
healthcare, transport, digital service providers, etc.) to take appropriate security measures and
to notify serious incidents to the relevant national authority. The NIS Directive also foresees
coordination between Member States in case of cross-border incidents affecting operators in
its scope.
The Cybersecurity Act, which entered into force in June 2019, creates a framework for
European cybersecurity certification schemes for products, processes and services. Once in
place, certification schemes will also enable producers to demonstrate that they have included
specific security features in the early stages of products' design and users to ascertain the level
of security assurance, on an EU-wide basis. The framework provides an essential supporting
tool to promote consistent levels of security. It allows for the development of cybersecurity
certification schemes to respond to the needs of users of 5G-related equipment and software198.
Other relevant EU-level instruments: In the area of trade policy, as of 11 October 2020, the
EU’s Foreign Direct Investment (FDI) Screening Regulation will provide an instrument to
coordinate detection and address potential security risks related to foreign direct investments
into the EU, amongst others, in sensitive areas such as critical technologies and critical
infrastructures. Applied to the 5G toolbox, and in order to protect key 5G assets and avoid
dependencies, the FDI screening mechanism can provide an important instrument to regularly
and better monitor FDI developments into the EU along the 5G value chain. Should specific
FDI developments fall under the scope of the Regulation, then these can be addressed and
Member States can undertake the appropriate mitigating actions. Furthermore, the EU uses
trade defence instruments to re-establish a competitive environment for the EU industry when
injured by dumped or subsided imports. Specifically, the European Commission is responsible
for investigating allegations of dumping by exporting producers from nonEU countries199.
In accordance with existing rules on public procurement, Member States are encouraged to not
award contracts solely on the basis of the lowest price, but also to take into account quality in
areas such as security, labour and environmental standards. Moreover, they do not prevent
Member States from imposing or enforcing measures necessary to protect public security or
essential security interests. Tenders from bidders that do not have secured access to the EU
procurement market (based on binding international or bilateral free trade agreements covering
public procurement) may also be excluded. Member States may also under certain conditions
exclude an economic operator that could cause a risk to the essential national security interests.
Furthermore, within the field of defence and security, public buyers do not have to give access
to the tenders to third country operators200.
Maintaining and further developing European capacities in the area of 5G and in particular in
critical parts of the value chain by leveraging EU Research & Innovation Funding programmes
197
198
199
IBID
200

and Industrial policy tools is a strategic risk mitigating measure addressing the risk of
dependencies. By supporting disruptive and ambitious research, innovation and deployment
funding programmes, such as Horizon Europe, Digital Europe Programme, and the Connecting
Europe Facility (CEF) can facilitate the emergence of European competitive sourcing options,
especially as regards to processors and critical software. The funding programmes also contain
security-related provisions. Moreover, linked to the EU’s state aid regime, IPCEIs (Important
Projects of Common European Interest) make it possible to bring together knowledge,
expertise, financial resources and economic actors throughout the Union, so as to overcome
important market or systemic failures and societal challenges which cannot otherwise be
addressed. They are designed to bring together public and private sectors to undertake large-
scale projects that provide significant benefits to the Union and its citizens201.
National implementation of EU telecoms rules under the current EU telecom rules, EU Member
States supervise a set of security requirements for telecom providers. Article 13a requires
Member States to ensure that:
• Telecom providers assess risks and take appropriate security measures;
• Telecom providers take resilience measures to mitigate disruptions of their networks

and/or services; and
• Telecom providers notify significant incidents to the relevant national authorities. Most
national laws transposing the current EU legal framework were adopted around 2011.
In terms of supervision method and obligations, Member States have followed diverse
approaches. For instance, where binding rules apply to mobile network operators, they may
cover different types of technical and organisational measures. In Member States where
security measures are further clarified in more technical and practical detail (often via
secondary legislation), they often refer to the security measures of the Article 13a security
framework. At this stage, with very few exceptions, national measures in this area do not
explicitly provide for advanced security requirements specifically relating to the roll-out of 5G
networks. Similarly, they do not explicitly provide for ex-ante regulatory powers or obligations
related to security in the context of procurement and deployment by operators of network
equipment, nor do they include provisions aimed at promoting security and resilience through
an appropriate degree of supplier diversity or at addressing risks and vulnerabilities related to
the risk profile of individual suppliers202.
The risk mitigation plans aim at providing guidance as to the most relevant/high impact
mitigation measures based on an evaluation of the expected effectiveness of individual
measures listed in section to mitigate a particular risk. However, it should be noted that the
expected effectiveness of most measures will depend highly on their scope and on the way they
are implemented (for instance, strengthened regulatory powers have the potential to be highly
effective, provided they have the appropriate scope and are used effectively). In addition, risk
mitigation plans reflect the importance of combining measures in an appropriate manner in
order to ensure their full effectiveness and enforceability. Moreover, many of the measures,
201
IBID
202

such as the application of enhanced security obligations on MNOs, require as a necessary pre-
condition that regulatory authorities have the adequate powers to define and impose such
obligations, as well as to monitor and audit their implementation203.
The estimated degree of expected effectiveness takes into account the original risk and the
expected residual risk after applying the measure, and using the following scale:
• Very High: The measure is considered effective to a very high degree, meaning that it is
expected to almost completely mitigate the related risks. 30 In this context, a risk mitigation
plan describes a possible approach that could be taken to mitigate a risk204.
• High: The measure is considered highly effective, meaning that it is expected to significantly
mitigate the related risks205.
• Medium: The measure is considered somewhat effective, meaning that it is expected to

mitigate the related risks to some extent206.
• Low: The measure is considered hardly effective, as it is expected to mitigate the related
risks only marginally.
The roll-out of 5G networks is expected to have the following effects: - An increased exposure
to attacks and more potential entry points for attackers: With 5G networks increasingly based
on software, risks related to major security flaws, such as those deriving from poor software
development processes within suppliers are gaining in importance. They could also make it
easier for threat actors to maliciously insert backdoors into products and make them harder to
detect. - Due to new characteristics of the 5G network architecture and new functionalities,
certain pieces of network equipment or functions are becoming more sensitive, such as base
stations or key technical management functions of the networks. - An increased exposure to
risks related to the reliance of mobile network operators on suppliers207.
This will also lead to a higher number of attacks paths that might be exploited by threat actors
and increase the potential severity of the impact of such attacks. Among the various potential
actors, non-EU states or state-backed are considered as the most serious ones and the most
likely to target 5G networks. - In this context of increased exposure to attacks facilitated by
suppliers, the risk profile of individual suppliers will become particularly important, including
the likelihood of the supplier being subject to interference from a non-EU country. - Increased
risks from major dependencies on suppliers: a major dependency on a single supplier increases
the exposure to a potential supply interruption, resulting for instance from a commercial failure,
and its consequences208.
203
204
and-security.html
205
IBID
206
IBID
207
208
IBID

It also aggravates the potential impact of weaknesses or vulnerabilities, and of their possible
exploitation by threat actors, in particular where the dependency concerns a supplier presenting
a high degree of risk. - Threats to availability and integrity of networks will become major
security concerns: in addition to confidentiality and privacy threats, with 5G networks expected
to become the backbone of many critical IT applications, the integrity and availability of those
networks will become major national security concerns and a major security challenge from an
EU perspective209.
Factors Driving the Need for Improved Wireless Networks
Three factors are driving the need for improved wireless networks.
First, there are more people using more data on more devices. Since 2016, more people
worldwide have been using more data on mobile devices such as smartphones than on desktops.
Globally, mobile data traffic is expected to increase sevenfold from 2016 to 2021, and mobile
video is driving that increase. The spectrum used for mobile communications is becoming
crowded and congested. Current networks (e.g., 3G, 4G) cannot always meet consumer
demands for data, especially during periods of heavy use (e.g., emergencies). During periods
of heavy use, consumers may experience slow speeds, unstable connections, delays, or loss of
service.
Second, the total number of internet-connected devices, both consumer devices (e.g., smart
watches, smart meters) and industrial devices (e.g., sensors that assist with predictive
maintenance), has increased. Market research indicates that in 2018 there were 17.8 billion
connected devices globally; 7 billion of which were not smartphones, tablets, or laptops, but
other connected devices (e.g., sensors, smart locks) that allow users to monitor and manage
activities through a mobile device, such as a smartphone, further increasing demand on
networks.
Third, industries are relying on internet-connected devices in everyday business operations.

Companies use devices to track assets, collect performance data, and inform business decisions.
These devices, when connected, form the Internet of Things (IoT)—the collection of physical
objects (e.g., health monitors, industrial sensors) that interconnect to form networks of devices
and systems that can collect and compute data from many sources.14 More advanced IoT
devices (e.g., autonomous cars, emergency medical systems) need networks that can provide
persistent (“always-on”) connections, low latency services (i.e., minimal lag time on
commands), greater capacity (e.g., bandwidth) to access and share more data, and the ability to
quickly compile and compute data. These are features that current mobile networks cannot
consistently support.
The Emergence of 5G Technologies Since 2012, telecommunications standards development

organizations (SDO), with the help of their industry partners, have been researching ways to
improve mobile communication networks; link people, devices, and data through a smart
209
and-security.html

network; and enable a “seamlessly connected society.” Companies are developing new
technologies that are expected to improve networks,
The US Regulations on 5G
In the race to 5G, the United States is one of the leaders, along with China and South Korea.
Each country has adopted a different strategy to lead in 5G technology development and
deployment. China’s central government is supporting the deployment of 5G infrastructure in
China. China has a national plan to deploy 5G domestically, capture the revenues from its
domestic market, improve its industrial systems, and become a leading supplier of
telecommunications equipment to the world. In South Korea, the central government is
working with telecommunications providers to deploy 5G. South Korea plans to be the first
country to deploy 5G nationwide, and to use the technology to improve its industrial systems.
In the United States, private industry is leading 5G deployment. U.S. providers, competing
against each other, have conducted 5G trials in several cities and were the first in the world to
offer 5G services commercially. The U.S. government has supported 5G deployment, making
spectrum available for 5G use and streamlining processes related to the siting of 5G
equipment210.
 National Security and Counterintelligence Concerns

On December 18, 2017, the Trump Administration released its first National Security
Strategy (NSS). In the context of the NSS’s broader discussion of “rejuvenating” domestic
economic competitiveness as one pillar of U.S. national security, the Administration identified
the enhancement of American infrastructure as a priority action, to include “America’s digital
infrastructure by deploying a secure 5G capability nationwide.”
Security Concerns with 5G Deployments Concern over the rollout of 5G technology from a
U.S. national security and intelligence standpoint has been directed at (1) a perceived lack of
market diversity that some have argued would result in increased risk to the global
telecommunications supply chain; and (2) concern over the potential vulnerability of 5G
networks to targeting by foreign intelligence services.
Chinese companies such as ZTE Corporation and Huawei Technologies Co., Ltd.—and the ties
of such companies to the government of China—in raising concerns regarding China’s relative
position vis-à-vis the U.S. in 5G network development. Those who share this view believe
China’s ambition is 5G dominance using several methods, including continued investment in
networks, products, and standards that support critical infrastructure and services that will rely
on 5G technology; shaping industry standards, regulations, and policies; and “extracting
concessions from large multinationals in exchange for market access.” FBI Director
Christopher Wray has also highlighted the potential threat associated with any increase in the
integration of Chinese-made or designed devices and 5G cellular network equipment into the
United States telecommunications network211.
Security Concerns with 5G Networks many observers are concerned about the vulnerabilities
of 5G networks to exploitation by foreign intelligence services. An individual’s ability to use
5G-enabled networks and systems for positive purposes also suggests this same technology can
be exploited by foreign intelligence to manipulate perceptions and behaviour. That
manipulation is likely to take various forms, including efforts to deceive and confuse people in
various ways about what is happening and what the truth is … overloading people’s senses
210
01/2019 Jill C. Gallagher -"Fifth-Generation (5G) Telecommunications Technologies: Issues for Congress"
211
IBID

with useless or irrelevant information so that we cannot accurately discern what adversaries are
doing or what is important; and putting misinformation before us to erroneously confirm pre-
existing biases and cause us to misperceive reality and to choose the wrong courses of action.
They will also try to stoke long-standing animosities and fears so that Americans fight with
each other and look foolish to the world we are supposed to be leading.140 The amount of
personal information available for exploitation will expand exponentially with 5G technology,
along with doubts as to the security of the networks. This raises concerns among privacy
advocates and national security professionals. National security professionals foresee
significant challenges for the U.S. intelligence, military, and diplomatic communities in terms
of their ability to interact freely and discreetly with foreign nationals who may be deterred by
the threat of an aggressive counterintelligence posture212.
Trade Restriction Concerns
Some analysts argue that policies directed at discouraging Chinese investment in the United
States not only contradict longstanding U.S. policy of encouraging China to participate in
international standards processes, but also may be counterproductive. They suggest that to
regard China’s influence in 5G technology and standards development as a potential threat to
national security may effectively encourage China to create national standards that may act as
technical barriers to trade that, in and of themselves, threaten U.S. national security.
Technological innovation in the private sector, to include 5G, relies on cooperation between
the United States and China, they maintain. These critics also note that the Trump
Administration’s trade policy, which includes tariffs on Chinese telecommunications
equipment, threatens to significantly increase the costs and slow the deployment of 5G
infrastructure. Fencing off the U.S. technology sector from one-sixth of the world’s population,
they suggest, will only cede ground to Chinese competitors, drive up costs for U.S. consumers,
and reduce the competitiveness of leading U.S. technology companies213.
Policy Considerations for Congress Congress and other U.S. policymakers

U.S. competitiveness in the global race to 5G, and an efficient domestic 5G deployment.
Congress may consider the role of the federal government in industrial policy and promotion,
and the role of the federal government in domestic deployment of 5G technologies. In the
rollout of previous technologies, U.S. telecommunications companies invested in research and
development, participated in international projects to test the technologies, contributed to
standards, and planned business strategies. This market-based approach sparked competition
and innovation that gave the United States an edge in previous technologies214.
For 5G, other countries (i.e., central governments) have engaged in centralized planning and
coordination with industry to gain a lead in the race to 5G. Congress may monitor U.S. progress
on 5G deployment and technologies, consider whether there is a need for more planning and
coordination with industry, and assess whether additional government involvement would help
or hinder the efforts of U.S. companies in the global race to 5G.
In terms of domestic deployment, Congress may be asked to consider the benefits and risks of
5G deployment. Nationally, 5G technologies are expected to create new revenues and new
jobs. 5G technologies have also raised national security concerns, individual privacy concerns,
and questions about how to assess the security of foreign-made equipment. Congress may
212
213
IBID
214

consider policies that protect U.S. telecommunications networks, including policies that
impose trade restrictions or economic sanctions on foreign technology providers, or policies
limiting foreign participation in 5G build-outs. Congress may weigh how various policy
approaches address threats to national security215.
Congress may also consider how trade policies may alter the ability of U.S. companies to
deploy networks domestically, and to purchase and sell equipment abroad. 5G technologies are
also expected to offer new services for consumers (e.g., telehealth to rural areas, new services
for the disabled). However, localities have raised concerns regarding the siting of 5G small
cells (e.g., authorities to make decisions about public rights-of-way, fees, ensuring rural access,
health and safety). While some stakeholders are seeking U.S. government support to speed 5G
deployment, others are calling on the U.S. government to assess 5G216.
Emerging trends on 5G & law
Intermediaries for connectivity:

Prerequisite for 5G is network densification of existing 4G/ LTE networks. Further, through
use of various technologies such as small cells, IBS, DAS, Wi-Fi telcos are seen building
heterogeneous networks, which can provide the required network coverage. This need has
given rise to opportunity for OEMs to offer ‘small-cell-as-a-service’, ‘hetnet-as-a-service’,
which are networks deployed and managed by OEMs utilised by telecom service providers to
densify their network there by enabling 4G expansion and prepare for impending launch of 5G.
Intermediaries for network infrastructure: Cloud companies and tech start-ups have emerged
providing network infrastructure resources for computing, storage and processing as well as
network functions such as security, firewall, load balancing, software-defined WAN, big data
analytics etc. to customers217.
‘Network-as-a-service’ offered by these set of intermediaries is finding takers in small and
medium scale enterprises with no or minimal investments in their IT network. Intermediaries
based on differentiated services: With the range of 5G use cases across industry verticals
requiring different characteristics for example, low latency and high reliability application for
robotics in manufacturing and automotive sectors; high data throughput requirements for
215
IBID
216
217
https://www2.deloitte.com/content/dam/Deloitte/in/Documents/technology-media-telecommunications/in-tmt-the-
catalyst-report-two-noexp.pdf

augmented reality use cases; the traditional offerings based on connection speed and volume
of usage could see a shift. Basis the service provider’s ability to make this shift to have offerings
for relevant niche industry verticals as well as tariffs customised to offering type, there is an
opportunity for intermediaries. Downstream to telecom service providers, these intermediaries
could acquire bandwidth from the telecom service providers based on defined SLAs for
throughput, latency, reliability etc. and create differentiated services/ applications based on
niche industry vertical they want to cater to with suitable tariffs to meet the customer needs218.
• Right of Way (RoW) and lack of uniform policy framework the current regulatory framework
for deploying network infrastructure has always been one of the most contentious issues in the
industry. Delays due to complex procedures across states, non-uniformity of levies along with
administrative approvals have impacted telecom service providers in rolling-out Optical Fibre
Cables (OFC) and telecom towers. Although, new RoW rules and standardized processes with
applicable charges were introduced in the year 2016, however, roadblocks have hampered
implementation. Going ahead, densification of network as promulgated by 5G use cases, is
expected to require deployment of extensive infrastructure; however, any inconsistencies and
delays while securing RoW may further result in complex deployment and longer build time219.
• Limited giga-backhauling to meet future requirements To meet high throughput and low
latency expectations from 5G technology, a strong backhaul network is a key requirement.
India has about 1.5 million Kms of fiber deployed with less than 25% of the telecom sites
connected through fiber.
Being listed far below several countries in the ICT Development and Global Connectivity
Index, India needs to accelerate across digital transformations through technology enablers
such as broadband networks in tandem with data centres, cloud, big data and Internet of Things.
However, enabling broadband networks through fibre implementation could be a long capital
intensive project and will require an estimated investment of USD 8 billion to increase fibre
footprint and reach 77-80% of tower assets in key urban areas. Moreover, while BharatNet had
its own set of challenges during implementation, government is still striving for rural
broadband connectivity. It is imperative that these efforts are expedited to build the requisite
backhaul infrastructure required for 5G. Furthermore, cost effective solutions such as E-band
and V-band based microwave backhauling – permitted worldwide for ultra-high capacity
gigabit backhauling, is yet to be introduced in India. Being relatively quicker and economical
in terms of deployment, these could enable the industry to steer in the right direction required
towards creation of 5G networks220.
• Industry crippling under margin pressure While the investment for 5G would grow
incrementally as advancements on existing 4G/ LTE technology, with 5G spectrum and
network densification needs, it is anticipated that industry might require an additional
investment of USD 60 to 70 billion to seamlessly implement 5G networks.36 In midst of such
218
IBID
219
https://www2.deloitte.com/content/dam/Deloitte/in/Documents/technology-media-
telecommunications/in-tmt-the-catalyst-report-two-noexp.pdf
220
IBID

rising debt levels and market consolidation activity, the Telco’s are seen to be constrained on
capital expenditure221.
• Network modernisation and densification will be complex Given the relatively shorter and
fragile nature of the mid frequency band (sub 6 GHz band), delivering better throughput and
performance through 5G networks would require a closely packed - denser small cell network
architecture. In this regard, the small radio cells will need to be more scattered and deployed
high in numbers onto the street furniture such as bus shelters, lamp-posts, traffic lights, etc.
along with boosting ‘in building’ solutions though fixed wireless solutions. Small cell based
network densification is yet to be realized at a significant scale using 4G network backhaul.
With current 4G network coverage, building commercial 5G use cases over 4G networks may
pose a challenge in the near term222.
• Strengthening the security apparatus with evolving technologies the rise of new business
architecture evolving through 5G networks are likely to present new challenges to security and
privacy protection. As industries are expected to thrive on 5G and cloud based ecosystem, it is
expected to lead to promoting huge number of interconnected devices. Building a new 5G: The
Catalyst to Digital Revolution in India 44 trust model secured with business continuity will be
one of the key essential drivers for enabling connected industries.
 Regulatory policies should focus on transparency and market incentives. Perhaps most
immediately, the Federal Communications Commission (FCC) should work with the
Department of Defence and other agencies to clear and reallocate more “mid-band”
spectrum (intermediate frequencies, large portions of which are owned by the U.S.
government but could be made available for commercial use), which would enable U.S.
companies to compete more effectively in the global contest to shape the 5G ecosystem. In
addition, the FCC could require [PDF] manufacturers to disclose their practices for
ensuring the security of IoT devices throughout the life cycle of their products. It could also
make spectrum licenses available to service providers only on condition that they verify
they operate according to best practices, such as the National Institute of Standards and
Technology’s cyber security framework. The FCC should be included in the Information
and Communications Technology Supply Chain Risk Management Task Force, a
multiagency initiative established under the Department of Homeland Security to develop
recommendations for managing supply-chain risk223.
 An improved legal liability regime is also necessary to improve private-sector

cybersecurity. Altaba (a successor to Yahoo) recently settled in a shareholder suit over
Yahoo’s customer data breach; this should be a warning to companies. The telecom
industry should work to develop voluntary standards that will inform the standards that
courts will apply in cybersecurity tort cases and provide the basis for a functional insurance
221
IBID
222
https://www.apperio.com/article/five-ways-5g-is-pushing-the-boundaries-of-law/
223
https://www.cfr.org/report/securing-5g-networks

market to price cyber risk. Such standards can coexist alongside programs that
incentivize private-sector entities to share cyber threat information with the federal
government224.
 5G mobile connectivity, due to the challenges it could provide for law enforcement. The
report argues that 5G technology will "complicate the use of the unique mobile phone card
identifiers that allow law enforcement to identify and locate devices", making it more
difficult to carry out legally permissible technical investigation and surveillance measures
of suspected criminals.
 This would mean "one of the most important tactical operational and investigation tools
would therefore become obsolete", providing a potential boon for criminals who want to
hide. "The potential challenges for law enforcement as a result of developments within the
area of 5G do not appear to be a priority for developers," the paper adds.The rise of the
Internet of Things has already caused security issues – such as the Mirai botnet – but there's
a fear that as more and more IoT devices enter homes and workplaces, the insecurity in
them could prove extremely lucrative for them. “The vulnerability of IoT devices may be
exploited by criminals seeking to collect personal data, compromise user credentials or
even spy on people or organisations.
5G will power segmentation in the data security market

We have already seen the migration of most corporate data into the Cloud. Whilst there are
many exceptions, the guiding rule is that specialists in the movement and/or storage of data can
secure information more effectively than individual companies’ IT teams. With services like
AWS (Amazon Web Services) delivering off-the-shelf, commoditized data security to a
standard already much greater than most private organisations can achieve on-premise; and a
raft of private cloud and hybrid cloud providers delivering elevated security at a price225.
Because 5G will unlock a torrent of new classes of data and a similar glut of new business
models, we can expect to see a further layering in the market for this trade-off between security
and price. There will be, for example, large amounts of IoT data which, once the immediate
use case is over and only compliance archival is a priority, can be classed as exceptionally low-
value. This data will represent little in the way of a security risk, and will require ultra-low-
cost storage226.
224
IBID
225
https://www.apperio.com/article/five-ways-5g-is-pushing-the-boundaries-of-law/
226
https://www.cfr.org/report/securing-5g-networks

Conclusion
The 5G networks will form a part of crucial infrastructure for the maintenance of vital societal
and economic functions.
The approach to 5G network security is to be comprehensive and risk-based. 5G security is

seen as a continuous process, which starts with the selection of the vendors and lasts the whole
way through the production of the network elements and the lifetime of the operation of the
networks. Non-technical factors should also be considered when a supplier's risk profile is
drawn up and components critical for national security should be sourced from trustworthy
parties only227.
The low latency and high-efficiency data transfer of 5G networks ensure seamless
communication between devices. The technology may lead to a wide array of troubles and
challenges for people and the environment. The introduction of 5G necessitates the need for
new infrastructure. This new infrastructure is called small cells. These smalls’ cells are a
departure from macro cell towers. The small cells are barely noticeable cell towers situated
closer together. The small cells will have more input and output ports than there are on the
macro cell towers. Smalls cells generate less power, collect and transmit signals in a short range
from one another. Thus that the deployment of 5G technology will likely lead wireless antennas
every few feet on lamp posts and utility posts. The small cells may also be placed every two to
ten homes in suburban areas. Deploying 5G technology will require an unprecedented and
immensely large number of wireless antennas on cell towers and buildings228.
The legislative frameworks throughout the world were designed mainly to regulate human to
human interactions and were not intended for machine to machine communications. The laws
on telecommunications relate to privacy, roaming and other rules that were designed to protect
interpersonal connections between humans. It is essential to compare the telecommunication
laws in the United States of America, China and the EU to assess readiness for the deployment
of 5G. These laws will be evaluated based on whether they mitigate the environmental and
risks of 5G229.
227
228
IBID
229


SSRN Id3535484 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

SSRN Id3535484 PDF

Uploaded by

Copyright:

Available Formats

5G & Law

Arjan Bir Singh Sodhi

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

A significant factor is that 5G can be deployed in closed ecosystem environments – like

Electronic copy available at: https://ssrn.com/abstract=3535484

The implication of 5G technology

The presence of radiofrequency radiation is an essential consideration in deploying 5G

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

The exponentially greater capacity of 5G enables many more devices to be connected to

3. Controls and Automation

4. Fixed Wireless Access

5. High-performance Edge Analytics

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

5G technology going to be a new mobile revolution in mobile market. Through 5G technology

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

 Massive multiple input multiple output (MIMO)

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

The European Union

Electronic copy available at: https://ssrn.com/abstract=3535484

The People’s Republic of China

Electronic copy available at: https://ssrn.com/abstract=3535484

Regulating Environmental Impact

Electronic copy available at: https://ssrn.com/abstract=3535484

Massive machine-type communications (M-MTC) Applications of this type are

Mission-critical applications: These applications – many of them machine-to-machine

 Manufacturing getting more automated

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

 Industrial automation and utilities

 Entertainment and multimedia

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Forecast of 5G subscription in Future

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

5G brings across large number of legal, policy and regulatory issues

Some of these legal issues:

b) 5G & Cyber Security

c) 5G & Data Protection

d) 5G & Consumer Protection

e) 5G & Individual rights

f) 5G & Surveillance, interception and monitoring

g) 5G & Data Retention

h) 5G & its impact upon human life

j) Other legal, policy and regulatory issues with respect to 5G

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484

 Predictive Maintenance: Predictive Maintenance is the leading use-case of Industry 4.0. As

Electronic copy available at: https://ssrn.com/abstract=3535484

Electronic copy available at: https://ssrn.com/abstract=3535484