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Pages 66-87

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From page 66...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 66 Section 4: Review of Law Articles A series of law journal and freely available law/policy articles can be found on C/AVs/HAVs.
From page 67...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 67 • Major changes to existing law regarding liability of vehicle owners and operators o States have already developed robust tort liability rules that have evolved and been adapted to a variety of products, which the ULC Committee feels the law can do for AVs as they are tested and deployed.
From page 68...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 68 • An accessible means to immediately engage or disengage the autonomous technology, such as a button, knob, or lever.
From page 69...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 69 The chapter also considers whether litigation over crashes involving C/AVs/HAVs may alter existing liability rules, including the liability of state agencies like TxDOT; what the advent of C/AVs/HAVs means for consumer privacy; and whether C/AVs/HAVs also present added security risks for Texas citizens.
From page 70...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 70 The Brookings Center for Technology Innovation, in September 2016, featured an article by Darrell West discussing the legal regimes for self-driving vehicles in China, Europe, Japan, Korea, and the U.S.
From page 71...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 71 they reviewed evolving insurance models for C/AVs including the transition to HAVs where there is no human in control of the vehicle.
From page 72...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 72 In March 2016, Walker Smith also issued a paper titled How Governments Can Promote Automated Driving (Walker Smith, March 2016)
From page 73...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 73 Administrative Strategies Legal Strategies Legal Strategies Continued Calm neighborhood traffic Enforce (and update)
From page 74...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 74 the EDR data is vital to determine evidentiary facts on HAV crashes, it will, however, be important that no data manipulation has occurred.
From page 75...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 75 3.
From page 76...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 76 to any communication actually transmitted in interstate or foreign commerce, and thus it includes threats transmitted in interstate or foreign commerce via the telephone, e-mail, beepers, or the internet191 The shortcomings of 18 U.S.C.
From page 77...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 77 The sheer volume of data collected was highlighted by Glaskin (2014, p.
From page 78...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 78 The constitutional choice to be anonymous is protected by the Driver's Privacy Protection Act (DPPA)
From page 79...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 79 Permissible Uses of a Driver's Motor Vehicle Record The DPPA limits the use of a driver's motor vehicle record to certain purposes.
From page 80...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 80 issues to disclose private data is currently very much in the open-to-debate stage of public policy discourse.
From page 81...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 81 Surveillance Privacy If government surveillance were to happen via C/AVs/HAVs, it could threaten the political and social well-being of a society (Glancy, 2012)
From page 82...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 82 EDR has raised concerns about privacy in the event that the data were used for reasons unrelated to safety, such as, for example, law enforcement or insurance litigation.
From page 83...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 83 service companies to provide historical location data of three cell phone users suspected of criminal activity without having first obtaining a warrant or demonstrating probable cause.209 There are concerns as to the rightful ownership of the data once it is collected.
From page 84...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 84 The FHWA also plans to issue guidance for V2I communications, which will integrate the new technology to allow vehicles to "talk" to roadway infrastructure such as traffic lights, stop signs, and work zones to improve mobility and safety.
From page 85...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 85 FTCs Authority to Protect Consumer Privacy Section 5 of the FTC Act (15 U.S.C.
From page 86...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 86 Cybersecurity Concerns Another connected but different risk from the data-intensive operations of C/AVs/HAVs is the potential for cyber security breaches that endanger not only financial and other private information, but also the safety and life of an individual as a consequence of criminal hacking of data and/or infrastructure.
From page 87...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 87 Senator Markey's bill was actually preceded by President Obama's broader 2012 call for a Consumer Privacy Bill of Rights, which called for providing protections for consumer privacy across a broad range of areas (Kohler & Colbert-Taylor, 2015)

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