Governing autonomous vehicles: emerging responses for safety, liability, privacy, cybersecurity, and industry risks (1807.05720v1)

Abstract: The benefits of autonomous vehicles (AVs) are widely acknowledged, but there are concerns about the extent of these benefits and AV risks and unintended consequences. In this article, we first examine AVs and different categories of the technological risks associated with them. We then explore strategies that can be adopted to address these risks, and explore emerging responses by governments for addressing AV risks. Our analyses reveal that, thus far, governments have in most instances avoided stringent measures in order to promote AV developments and the majority of responses are non-binding and focus on creating councils or working groups to better explore AV implications. The US has been active in introducing legislations to address issues related to privacy and cybersecurity. The UK and Germany, in particular, have enacted laws to address liability issues, other countries mostly acknowledge these issues, but have yet to implement specific strategies. To address privacy and cybersecurity risks strategies ranging from introduction or amendment of non-AV specific legislation to creating working groups have been adopted. Much less attention has been paid to issues such as environmental and employment risks, although a few governments have begun programmes to retrain workers who might be negatively affected.

Overview of Governance Strategies for Autonomous Vehicles

The development and deployment of autonomous vehicles (AVs) bring forth significant benefits along with a spectrum of risks that necessitate effective governance strategies. The paper "Governing Autonomous Vehicles: Emerging Responses for Safety, Liability, Privacy, Cybersecurity, and Industry Risks" by Araz Taeihagh and Hazel Si Min Lim explores the various facets of AV governance, analyzing different technological risks and the responses adopted by governments. The paper identifies five key risk dimensions: safety, liability, privacy, cybersecurity, and industry influence, and evaluates the policy measures across several countries.

Technological Risks and Governance Strategies

1. Safety Risks: The potential to eliminate human error, which accounts for about 90% of vehicle accidents, is touted as a significant advantage of AVs. However, new safety challenges emerge, such as machine error and programming moral dilemmas for crash scenarios. Most governments have adopted light control-oriented strategies, primarily through the issuance of non-mandatory guidelines to encourage innovation while establishing initial safety oversight frameworks. For instance, the U.S. and U.K. have issued voluntary guidelines, whereas Germany and Singapore have progressed with regulatory measures allowing real-world AV testing.
2. Liability Risks: The complexity of attributing liability in cases of AV malfunctions involves shifting the focus from human operators to manufacturers and software providers. Notably, the U.K. has enacted comprehensive legislation under a toleration-oriented strategy, defining liability across various accident scenarios, whereas most other nations exhibit a control-oriented stance with exploratory measures and voluntary guidelines.
3. Privacy Risks: The significant data generation and transmission capabilities of AVs raise concerns about misuse and security of such data. Countries such as the U.S. and the EU have enacted control-oriented legislation to address these issues comprehensively, although AV-specific provisions are often lacking. The ongoing amendments and recommendations reveal an engagement with privacy protection, yet present a need for more defined AV-specific regulations.
4. Cybersecurity Risks: The paper underscores the vulnerability of AV communication networks to cyber-attacks, necessitating robust security measures. While some nations, including the U.S. and China, have integrated control-oriented legislation, specific challenges related to AVs remain largely unaddressed. The variance in governmental responses highlights a broader focus on general cybersecurity frameworks rather than AV-specific risks.
5. Industry Influence and Employment Risks: The transition towards AVs poses threats to traditional employment sectors such as driving and mechanical jobs. Responses are limited, but Singapore has initiated programs aimed at retraining the workforce. This reflects a strategic adaptation to mitigate potential socio-economic disruptions.

Implications and Future Directions

The paper highlights a cautious yet proactive global approach to AV governance, primarily characterized by non-binding guidelines and collaborative exploratory committees. A prevailing theme is the balance between fostering innovation and mitigating associated risks without stifling technological progress. Notably, countries seek to address AV implications within broader AI and digital policy frameworks, emphasizing cross-sectoral and international collaboration.

Moving forward, the evolution of AV governance will likely involve more definitive regulatory frameworks as AV technology matures. This includes clarifying liability structures, establishing stringent data privacy measures, and developing resilient cybersecurity protocols tailored specifically to AVs. Additionally, addressing broader societal impacts, such as employment shifts, will necessitate integration with broader socio-economic policies.

The diversity in governance strategies reflects varied national priorities and stages of AV technological integration, underscoring the need for ongoing monitoring and adaptation to emerging challenges. The paper invites further research into the long-term societal impacts of AV adoption and the potential for harmonized international governance schemes. As AVs progress from theoretical to practical implementations, this research forms a foundational discourse on the dynamic interplay between technology, policy, and society.