TECHNOLOGY AND IP FORUM: Driverless Cars, Smart Machines, and Automated Equipment October 4, 2018 Randall Haimovici Robert Keller Patty Robbins Mike Zito Uber Cisco Systems Uber Shook, Hardy & Bacon Director, Litigation Senior Corporate Council Director Partner rhaimovici@uber.com robkelle@cisco.com patty.robbins@uber.com mzito@shb.com
ROAD MAP • Introductions • Presentation Overview • State of Technology and Innovations • Legal and Policy Considerations • Discussion 1
ar·ti·fi·cial in·tel·li·gence /ˌärdəˈfiSHəl inˈteləjəns / Noun T he capability of a machine to imitate intelligent human behavior AKA: Machine Learning, Machine Decision Making, Deep Learning, Automation, IoT 2
APPLICATION OF AI 3
THE FUTURE OF DRIVERLESS VEHICLES? 4
DRIVERLESS VEHICLES MUST COMMUNICATE Outgoing Information: • Car Info (who is in it, where is it, where is it going) • Car Data (mechanical problems, fuel level, flat tire) Incoming Information: • Road Conditions (accidents, closures, weather) • Other Cars (where they are, where they’re going, speed) • Immediate Surroundings (where they are, where they are going, speed) • Software Updates (Tesla) 5
NETWORKING in Driverless Vehicles End point devices • Wireless tracking • Networking and Info • Processing Security Products • 6
NETWORKING extends beyond the individual vehicle App Mgmt. DC Using big data Connected Roadways are here! Intersection Police cars & Firetruck WiFi 8
LAWYER IMPLEMENTATION OF AI 9
UNIVERSAL CHALLENGES with AI Implementation Data Security Intellectual Compliance Public Policy and Privacy Property Tort and Class Action Business Products and Complex Litigation Liability Litigation 10
2017 STATE AV LEGISLATIVE ACTIONS 11
2018 STATE AV LEGISLATIVE ACTIONS 12
The Risks 13
EVOLUTION OF COMMON LAW PRODUCT LIABILITY CONCEPTS 1958 2002 1922 Anti-lock braking system (ABS) introduced Lane departure Model A introduces warning systems hydraulic brakes 1898 1959 Electronic 3 Point Seat Belts made standard 1998 headlights 2010 1998 Restatement (Third) of 1963 1927 Pedestrian detection Blind spot warning system Torts enacted Safety glass system/emergency Strict Liability used in stop 1965 first applied to windshields 1981 Restatement (Second) Products Liability 1993 Driver side airbag of Torts enacted Daubert standard made standard 1934 1995 established Restatement of Theory of Strict Electronic Stability Torts enacted Control (ESC) Liability established 1974 introduced Risk-Utility Test introduced 1890’s 1930’s 1920’s 1960’s 1950’s 1980’s 1970’s 1990’s 1990’s 2000’s 14
COMMON LAW ADAPTS to improvements in Technology Robotics Artificial Intelligence Auto-Pilot in Manufacturing in Medical Devices 15
NOT FEASIBLE OR DESIREABLE TO HAVE LIABILITY STATUTES Statutes Premature Statutes Quickly Obsolete Liability For Delay 16
PRODUCT + SERVICE LIABILITY • Liability of producers of equipment used in the stream of commerce • Modifications of equipment • Comparison of service liability vs. product liability 17
STREAM OF COMMERCE Component Supplier • Did they disclaim their products? Car Manufacturer • Is the scope of use beyond intended purpose? • Is liability limited to product performing in limited capacity? Customer 18
STREAM OF COMMERCE Customer Component and Car Manufacturer/ Service Supplier Car Services Increased services pushes risk upstream to service provider 19
DATA PRIVACY What is considered personally identifiable info in a driverless vehicle? • • Look at local laws • Location only, or tagged to an individual? • How can personal data be used? Is it shared with others? Is it aggregated in some instances and not in others? • • Can an individual opt out without impacting the functionality of the driverless vehicle? 20
DATA SECURITY • Potential risks with a breach of data in driverless vehicles • Stealing of personal data • Control of vehicles • Where does liability lie in the event of a data breach? 21
Questions?
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