Autonomous-Vehicles in Industries.
Autonomous-Vehicles in Industries.
Autonomous-Vehicles in Industries.
Na v i g a t i n g t h e l e g a l a n d r e g u l a t o r y i s s u e s
of a driverless world
Table of Contents
Introduction
SAE Levels
Physical Ecosystem
Strategic Partnerships
Legal Issues
Regulatory
Product Liability
Cybersecurity and Data Privacy
Intellectual Property
Case Study
Keolis – AVs in Public
Transportation
2
Introduction
Introduction
Sources:
https://www.forbes.com/sites/oliviergarret/2017/03/03/10-million-self-driving-cars-will-hit-the-road-by-2020-heres-how-to-profit/#45627b757e50
https://www.cnbc.com/2017/06/01/the-7-trillion-promise-of-self-driving-vehicles.html
https://www.reu
ters.com/article/us-usa-autos-autonomous/self-driving-cars-could-generate-billions-in-revenue-u-s-study-idUSKBN0M10UF20150305
History of Autonomous Vehicles
Uber hires 40 Carnegie
Mellon robotics
researchers to work on
Google’s autonomous vehicles;
FCC allocates 75 autonomous Tesla Ford begins testing its NHTSA issues
MHz of spectrum Google car passes a releases its self-driving cars in CA, revised safety
Introduction to Dedicated Short begins self- 14-mile Auto-Pilot AZ, MI guidelines for
of Cruise Range driving car driving test in self-driving autonomous
Control Communications project Nevada mode vehicles
Teams create Mercedes and NHTSA Major acquisitions and NHTSA issues
vehicles that self- Infiniti produce releases partnerships (GM and guidelines for
navigate a 60-mile cars with radar initial policy Cruise Automation; testing and
course as part of sensors and on GM and Lyft; Toyota deployment of
DARPA “Grand some autonomous and Jaybridge autonomous
Challenge” autonomous vehicles Robotics; Uber and vehicles
driving features Volvo)
SAE Levels of
Automation
Source: https://www.nhtsa.gov/technology-innovation/automated-vehicles-safety
Basic Physical Ecosystem of an Autonomous Vehicle
• Global Positioning System (GPS)
• Light Detection and Ranging
(LIDAR)
• Cameras (Video)
• Ultrasonic Sensors
• Central Computer
• Radar Sensors
• Dedicated Short-Range
Communications-Based Receiver
(not pictured)
44+
Strategic Partnerships
Recent Developments
• January 2017 – Keolis and NAVYA, in partnership with the city of Las Vegas,
launched the first autonomous, fully electric shuttle to be deployed on a public
roadway in the United States.
• January 2018 – Toyota announces “e-Palette” concept vehicle which is a fully electric
autonomous vehicle that can be customized by a partner for applications such as food
deliveries (Pizza Hut), ride-sharing (Uber), or store fronts (Amazon).
• January 2018 – Udelv, a Bay Area tech company, completed the first delivery of goods
by a self-driving car when it delivered groceries in San Mateo.
• February 2018 – Hyundai announced that a fleet of its fuel cell electric cars made a
successful fully automated trip from Seoul to Pyeongchang. This is the first time a
Level 4 car has been operated with fuel cell electric cars.
Legal Issues Around Autonomous
Vehicles
• Regulations
• Liability
• Personal Injury
• Cybersecurity and data breaches
• Intellectual property ownership
Federal and
State
Regulations
Federal Regulation of Autonomous Vehicles
Federal Motor Vehicle Safety Standards
• The National Highway Traffic Safety Administration (NHTSA) within the Department of
Transportation (DOT) specifies minimum safety performance requirements for motor
vehicles and equipment. Automakers must certify compliance before selling vehicles.
• Fully autonomous vehicles (and some highly autonomous vehicles) would not meet
current Federal Motor Vehicle Safety Standards (FMVSS) (i.e., if manufacturers seek to
design vehicles without mirrors, bumpers, braking pedals, and other featured required by
the FMVSS).
• NHTSA can approve a limited number of exemptions from the FMVSSs.
• NHTSA also can approve importation of autonomous vehicles that do not meet
FMVSSs for testing, subject to conditions.
Federal Regulation of Autonomous Vehicles
• DOT released new guidance on autonomous vehicles in September 2017, titled
“Automated Driving Systems (ADS) 2.0: A Vision for Safety”. Replaces guidance
issued in 2016 by Obama DOT.
• Guidance identifies 12 safety elements: (1) system safety; (2) operational design
domain; (3) object and event detection and response; (4) fallback (minimal risk
condition); (5) validation methods; (6) human machine interface; (7) vehicle
cybersecurity; (8) crashworthiness; (9) post-crash ADS behavior; (10) data recording;
(11) consumer education and training; and (12) federal state and local laws.
• Recommends that entities involved in ADS testing and deployment demonstrate how
they address the 12 safety elements by publishing a Voluntary Safety Self- Assessment.
Federal Regulation of Autonomous Vehicles
• NHTSA, the Federal Highway Administration (FHWA), and the Federal Transit
Administration (FTA) have sought comments related to autonomous vehicles
• NHTSA requested comments on regulatory barriers to Automated Safety
Technologies, and testing and compliance certification
• FHWA requested comments on what is needed to accommodate ADS technologies and
maximizing their potential benefits in the transportation network
• FTA requested comments on current and near-future status of automated transit buses and
related technologies, with the goal of informing FTA’s efforts to promote development of
ADS in the public transit sector
• Deadline for filing all comments was March 5, 2018
Federal Legislation Governing Autonomous Vehicles
Susan – This conten
• Congressional efforts underway to amend current law regarding regulation of different than the sa
shortened version. D
autonomous vehicles replace this with the
• House and Senate bills have similar objectives: slide 10 of the other
• Authorize NHTSA to issue more exemptions from FMVSSs (up to 100,000 vehicles per
year within three years after enactment)
• Require NHTSA to update FMVSSs to accommodate autonomous vehicles;
• Require mandatory safety assessment reporting of the elements similar to those in
DOT’s voluntary safety assessment report
• Include cybersecurity and privacy requirements
• Preempt state regulation of safety but preserve state role to regulate licensing,
registration, insurance, and other traditionally state functions
• House passed its bill in late 2017
• Senate bill is on hold while senators work through issues regarding privacy,
cybersecurity and safety
State Laws Governing Autonomous Vehicles
• 23 states and the District of Columbia have passed legislation governing autonomous
vehicles (Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia,
Illinois, Indiana, Louisiana, Michigan, New York, Nevada, North Carolina, North
Dakota, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Vermont, and
Washington D.C.).
• 10 additional states have executive orders in place issued by their governors
relating to autonomous vehicles (Arizona, Delaware, Hawaii, Idaho, Maine,
Massachusetts, Minnesota, Ohio, Washington, and Wisconsin).
• Arizona, California, Florida, Michigan, and Nevada have been most active.
• For a comprehensive review of state laws enacted see:
http://www.ncsl.org/research/transportation/autonomous-vehicles-self-driving-
vehicles-enacted-legislation.aspx#enacted
Product Liability
Liability for Autonomous Vehicle
Accidents
• Will courts l treat autonomous vehicles as drivers and apply a negligence standard
or as sophisticated technology and apply a product liability standard?
• How will liability be apportioned?
• Fleet Operator/Service Providers
• Vehicle manufacturers
• Technology companies/software manufacturers
• Local government’s responsible for maintaining infrastructure
Product Liability: State Laws
Florida, Michigan, Nevada and the District of Columbia
shield manufacturers from liability for damages
resulting from third party conversion of vehicle into
autonomous vehicle, except where damages are caused
by defect present in vehicle as originally manufactured.
Managing Liability Among
Parties
• Warranties and indemnifications should clearly define scope, responsibility and
liability
• Responsibility for maintenance, repairs and updates should be defined
• Liability between automaker, technology company and vehicle owner/operator
should be defined
• Responsibility for compliance with federal, state and local laws and regulations
should be defined
Cybersecurity
Potential Attack
Gateways • Electrical Control Units (ECUs)
• Airbag, Advanced Driver Assistant
System, Engine, Steering & Brakes,
etc.
• On-Board Diagnostics (OBD) II
Diagnostic Port
• Dedicated Short-Range
Communications-Based Receiver
• USB Ports
• Passive Keyless Entry/ Remote
Key
• OBD II Diagnostic Port – Every car manufactured after 1996 and sold in the U.S. must have an
OBD II installed. The port was originally mandated to permit monitoring of emissions, etc.
It is increasingly used to facilitate non-diagnostic features like enabling Wi- Fi, or enabling an
insurance company to track usage through attachment of a “dongle” to the port. These ports can
provide a means of access for attackers into an otherwise secure system.
• Increase Use of Apps Leave Vulnerabilities – Consumers are using an increasing number
of smartphone apps to interface with their connected cars and help run certain functions.
Researchers have already demonstrated weaknesses in some of these apps. Likely to see spread
in use of malware.
• Need for Constant Updates May be Overlooked – With the increased use of connected
features comes an increased need for continuous updates to fix glitches and help protect vehicles.
There is a risk these updates could be overlooked or that malicious actors could infect routine
updates.
Cybersecurity Threats and Concerns
• The same types of attacks that are possible in
any connected device are generally possible in
connected vehicles once access is gained.
• 13% of car buyers are no longer prepared to even consider a new vehicle without Internet access.
• More than ¼ of car buyers now prioritize connectivity over features like engine power and fuel
efficiency.
• 45% of U.S. car buyers are reluctant to use car-related connected services because they want to
keep their privacy.
• 43% of U.S. car buyers are afraid that people can hack into their cars and manipulate the systems
if the car is connected to the Internet.
“[I]t may be necessary to reconsider the premise that an individual has no reasonable
expectation of privacy in information voluntarily disclosed to third parties. This approach is
ill suited to the digital age, in which people reveal a great deal of information about
themselves to third parties in the course of carrying on mundane
tasks.”
• Data on vehicle location and tracking could lead to increase requests from U.S. or other
law enforcement agencies for assistance in locating or tracking suspects in criminal
cases. Companies’ responses to such requests could lead to consumer
distrust of such tracking features, or could lead to conflicts with law enforcement similar
to those taking place regarding iPhone access.
Key Privacy Takeaways
• Build privacy protections into system designs – Consumer privacy protection should be
considered at each stage of system development and implementation.
• Obtain consent – Collection of some forms of consumer information is improper absent
consent. Build mechanisms into systems to obtain consent and update consent as necessary.
• Recognize that children pose special risks –Collection, storage, and use of children’s data
is protected by the Children’s Online Privacy Protection Rule (COPPA) and other laws and
regulations.
• Limit collection of sensitive information – Collect only such information as necessary
and protect what is collected. Do not collected personally identifiable information if not
necessary for business purpose.
• Plan for and be ready to notify consumers in the event of an incident – Best protection
against costly consumer litigation is timely and accurate notification, and having proper policies
and procedures in place.
Protecting
Intellectual
Property
Patents
• Industry traditionally occupied by OEMs for 100+
years now includes IP-conscious tech companies
• Google is the tech company with the most autonomous vehicle patents, but ranks
26th when compared to all companies with autonomous vehicle patents
Source: https://www.herrmanandherrman.com/blog/vehicle-vehicle-communication/
Key Technology
Areas
• Artificial Intelligence (AI) – In order for the AV to operate in a full range of
environments with millions of changing aspects that will need to be accounted
for, it will require AI, which will allow the base level software to be developed
and tested with a self-learning capability.
• The automaker and tech company partnerships will limit the extent some
companies get accused.
• The area of patent innovation with the least amount of patents filed are in
telematics and is an area likely to be litigated.
Protecting IP – Patents
• Defense Strategies
• Participate in joint defense groups where possible
• Inter partes reviews (like in Quanergy and CAT case)
• Potential Section 101 motion for patent ineligibility
• Assess potential exposure/damages early on
• Licensing Patents
• Increase standard-essential patent licensing campaigns for connected cars
• Potential for standard-essential patents in autonomous vehicles but technology is still
developing
Protecting IP – Trade Secrets
• Intellectual property for autonomous vehicles may be protected as a trade secret
• Trade secret protection applies to “information including a formula, pattern,
compilation, program, device, method, technique, or process”
• DTSA now provides federal cause of action for misappropriation of trade
secrets
• Trade Secrets v. Patents
• Trade secrets can remain a secret and will not be published like patents
• Trade secrets are protected at time of conception
• Patents are limited to a 20 year term and trade secrets can last until they
become public
• Trade secrets may require joint venture agreements to keep confidentiality
• Trade secrets not as appealing for technology that can be reverse engineered
Protecting IP – Trade Secrets
• Waymo v. Uber Case
• Waymo sued Uber for trade secret
misappropriation alleging that former engineer
took 14K documents
• Alleged that after Uber acquired the Otto,
it used more than 100 trade secrets to develop its
Lidar solution
• Manage employees
• Manage access to sensitive information
• Keep detailed procedures when onboarding and offboarding employees
• Conduct exit interviews and ask employee to return equipment and files
Insurance
Considerations
Case Study
Autonomous Vehicles in Public Transportation
Public transportation agencies are showing interest in incorporating autonomous vehicles into
their service, and looking at pilot programs using AVs
• Use of AVs for “micro-transit” or “last mile” service could reduce costs and expand
accessibility
• Reduction in costs – maintenance is less expensive and operators may be unnecessary
• Safety benefits
• Driver/operator jobs will be impacted; operators will need to be retrained to become
“computer technicians
• ADA compliance requirements means on-bus presence of an operator probably cannot be
eliminated
• Infrastructure maintenance and interactivity with vehicles
• Traffic lights and vehicles must talk to each other and roads must be pothole free
Case Study – Keolis
Case Study – Keolis
• Keolis Pilot Project in Las Vegas
• Las Vegas and Nevada are leading the way in legislative and regulatory
changes to facilitate the introduction of autonomous and connected vehicles
• Keolis operates Navya-supplied Arma Shuttle that seats up to 8
passengers, 6 days a week up to 8 hours a day, in traffic, in a pilot
sponsored by AAA
• Finalizing agreements highlighted range of issues, including roles and
responsibilities of the parties, regulatory requirements, intellectual property,
cybersecurity, vehicle maintenance, vehicle attendant roles and responsibilities
and risk management
Thank You!