Government Takes Modest Approach to Autonomous Vehicle, AI Regulation—For Now
Though recently released documents outlining the White House's AI and Autonomous Vehicle principles are light on details, some say more regulation is on the horizon.
January 17, 2020 at 12:00 PM
4 minute read
The federal government spent the early weeks of 2020 issuing non-binding, but still insightful, guidelines for the artificial intelligence (AI) and autonomous vehicles (AV) private sector.
Last week, the U.S. Department of Transportation published guidelines titled "Ensuring American Leadership in Automated Vehicle Technologies: Automated Vehicles 4.0," which included 10 principles to protect consumers, promote markets and ensure a standardized federal approach to AVs. Earlier in January, the White House released a memo outlining 10 principles for agencies to consider when developing AI regulations.
Lawyers say the documents may be light on details, but they clearly demonstrate the current administration is encouraging innovation and is seemingly against overburdensome regulations in the AI and autonomous vehicles industry.
"These are good steps for business, because they suggest for now anyway [that] the government will let self-regulation proceed and not try to dictate to the private sector," said Debevoise & Plimpton partner and cybersecurity and data privacy co-chair Jeremy Feigelson. "I think the principles and guidelines rely on things the private sector can work with."
The guidelines strongly argue for self-regulation in the AI and autonomous vehicles industry, lawyers said. However, Feigelson noted the recently released documents reiterate traditional disclosure and compliance standards that companies leveraging emerging technology should continue to follow.
"If you look at the autonomous vehicle guidelines, it's a very traditional approach to data privacy. Namely, the government said there should be good disclosure of what the technology is doing and companies should act consistently with those disclosures," he said.
Though not a new requirement, it may prove difficult to govern emerging and autonomously evolving tech, he added. "That might all sound simple, but as the technology becomes more complex it may become challenging for companies to understand how the data is being collected and used and how to convey that to consumers and stakeholders."
However, Feigelson explained he didn't view those "open questions" as flaws or gaps. Instead, he views it as a positive sign that government seeks to foster conversation between the private and public sector.
"I don't hear a clamor from the private sector for government to speak more specifically," he said. "Actually, there might be a concern [if] government tried to regulate or proscribe in an area that is so fresh and emerging."
Still, lawyers agree eventually concrete federal regulations will be needed—especially in the transportation sector.
"This represents an institutional modesty from the Department of Transportation, which is generally a good idea, but in this case I think manufacturers of autonomous vehicles are looking to have safe harbors created by the Department of Transportation," said Ed Walters, a Cornell Law School and Georgetown Law professor and CEO of Fastcase. He added, "'Automated Vehicles 4.0′ doesn't give it a lot of guidance. Maybe it's too early for that."
To be sure, the industry expects regulations governing AI and autonomous vehicles, but they want a voice in the decision-making.
"At some point the federal government has to step in," said Dentons public policy and regulation global chair Eric Tanenblatt. "I don't think we can have that patchwork of [state] regulations around the country. While [Automated Vehicles 4.0] doesn't get specific, it does give you some insight into the philosophy about how the department is looking at AVs, and it seems like they are very committed to it. I do believe the federal government will pass legislation that will provide more direction across the country, and I think the industry will require it."
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