ISO 13482:2014 and Its Confusing Categories: Building a Bridge between Law and Robotics Eduard Fosch Villaronga PhD Candidate in the Joint International Doctoral (Ph.D.) Degree Erasmus Mundus in Law, Science and Technology coordinated by CIRSFID, Università di Bologna, Italy. Fellow in IDT-UAB, Universitat Autònoma de Barcelona, Spain Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
SAFETY - User - Environment - Device Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Who is responsible if there is a failure and the human being falls? SAFETY Can companion robots - User cause psychical harm? - Environment Can we address - Device cosmesis in robotics? Can robots create fear of presence? Are roboticists liable for it? Is secure the cloud platform that robots use? Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
(*) Robot kills man at Volkswagen plant in Germany (*) Google Cars involved in accidents: even if they did not cause them. Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
But we are not analyzing all service robots, only PERSONAL CARE ROBOTS Those service robots that ‘perform actions contributing directly towards improvement in the quality of life of humans, excluding medical applications’ 1. Mobile Servant Robot According to ISO 2. Physical Assistant Robot 13482:2014 3. Person Carrier Robot Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
ISO 13482:2014 is the only existing document addressing Personal Care Robots. There are no laws governing specifically this technology. But “Although clarity may be missing in the legal domain, robot creators are still legally liable for their creations” Because IGNORANTIA JURIS NON EXCUSAT Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Social Market Norms THING Architecture Law Lessig, L. Code Version 2.0. Basic Books, NY, p. 121 (2006) Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Social Market Norms Personal Care Architecture Law Robots Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Social Market Norms Technical Standards: ISO 13482:2014 Personal Care Architecture Law Robots 1. Mobile Servant Robot 2. Physical Assistant Robot 3. Person Carrier Robot Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Depending on their aim: empathy, education, ethics, etc. Also social acceptance. Social Market Norms Technical Standards: ISO 13482:2014 Personal Care Architecture Law Robots 1. Mobile Servant Robot 2. Physical Assistant Robot 3. Person Carrier Robot Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Depending on their aim: Supply and Demand law empathy, education, ethics, etc. Also social acceptance. Social Market Norms Technical Standards: ISO 13482:2014 Personal Care Architecture Law Robots 1. Mobile Servant Robot 2. Physical Assistant Robot 3. Person Carrier Robot Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Depending on their aim: Supply and Demand law empathy, education, ethics, etc. Also social acceptance. Social Market Norms But even if there are no laws governing Technical Standards: specifically Personal Care Robots, yes ISO 13482:2014 there are some laws regarding: Personal Data Protection Consumer Protection Care Architecture Law Liability Environmental Regulation Robots Medical Law 1. Mobile Servant Robot 2. Physical Assistant Robot 3. Person Carrier Robot Standards are non-binding documents There is no law enforcement behind Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
In order to create a new Law that can answer all the questions arisen by robots, we need to communicate to roboticists to better understand what: - Purpose their technology has - Are the robot capabilities - (who) Is going to be intended user Reading the technical standard ISO 13482:2014, a Lawmaker might find: - Some inaccuracies in the definitions given by ISO - Some confusing categories between the in-scope and the out-scope robots - There are issues still missing: liability, ethics, privacy, etc. This can lead us to: - Comply with some laws, but not the ones under which the device might fall (and be liable for any damage the robot might cause) - No protection of the final user - Loss in economical terms, but also in trust Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Confusion Regarding Definitions We said that ISO defines Personal Care Robots as service robots that perform actions contributing directly towards improvement in the quality of life of humans, excluding medical applications This is what in legal terms is called “undefined legal concept”: a) Not only the word ‘improvement’ pictures a blurred reality because we do not know when we can talk about improvement, if this improvement is general for everyone, etc.; b) But also ‘quality of life’ is quite unclear, because it depends on several factors like cultural, age, gender, and different interpretations of quality of life could be given Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Confusion Regarding Definitions The level of “personal care” in Personal Care Robots: - No definition of Personal Care is given by ISO - Collins dictionary defines it as the ‘help given to elderly or infirm people with essential everyday activities such as washing, dressing and meals’ - Elderly Accommodation Counsel of the UK (EAC) sustains that it is the ‘assistance with dressing, feeding, washing and toileting, as well as advice, encouragement and emotional and psychological support’ But mobile person carrier robots, physical assistant robots or mobile servant robots are nowadays a bit far away of developing all these activities Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Confusion Regarding in/out scope Categories In theory ISO 13482:2014 regarding Personal Care Robots explicitly excludes: • Robots Travelling Faster than 20 km/h; • Robot Toys; • Water-borne Robots and Flying Robots; • Industrial Robots (ISO 10218); • Robots as Medical Devices; • Military or Public Force Application Robots; • Space Robots. Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Confusion Regarding in/out scope Categories Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Confusion Regarding in/out scope Categories PERSON CARRIER ROBOTS 1 Restrictions - Robot toys - Medical devices Electric-powered child-sized robot toy cars offer mobility to children with disabilities. As explained by Galloway , wheelchairs are reserved for children over 3 years old and new robotic devices to help disabled children’s mobility cost tens of thousands of euros (and they are very heavy). To cope with such limitations, he founded the project ‘ Go Baby Go ’ in order to take already Robot toys being used as person carrier robots (‘physical therapy’) commercialized car toys and to transform and adapt them for children with cerebral palsy or Down syndrome to move. Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Confusion Regarding in/out scope Categories PERSON CARRIER ROBOTS 2 Restrictions - Personal care Person Carrier Robots (sub-category of Personal Care Robots) are intended to convey persons from one place to another, like wheelchairs. Toth, in DOMEO Project, said that segways were for indoor contexts. The more and more we see segways on the streets that might not fulfil the criterion “contributing directly towards improvement in the quality of life” because they are not used by disable people, nor elderly. ISO 13482:2014 Wheelchairs tend to be considered as medical devices (then they can be prescribed by doctors). What are the differences between a Segway-Care Robot and the one used in CityTours? Is ISO 13482:2014 still applicable? Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Confusion Regarding in/out scope Categories PHYSICAL ASSISTANT ROBOTS 1 Restrictions - Medical devices ISO 13485:2013 defines medical devices as ‘any instrument [...] to be used, alone or in combination, for human beings for one or more of the specific purpose(s) of: diagnosis, prevention, monitoring, treatment or alleviation of disease [...]’ The recommendation to roboticists is to apply for both ISOs to be sure that there are no extra responsibilities derived from usage not covered by the scope of the chosen instrument Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology
Recommend
More recommend
