Written by: Roger Royse, Executive Contributor
Executive Contributors at Brainz Magazine are handpicked and invited to contribute because of their knowledge and valuable insight within their area of expertise.
Researchers estimate that by 2025, we could see 8 million autonomous vehicles on the road. Before that happens, AV technology must progress through six levels:
Level 0 ‒ no driving automation.
Level 1 ‒ a single automated system for driver assistance, such as steering or cruise control.
Level 2 ‒ partial driving automation, in which the vehicle can control both steering and accelerating/decelerating but a human can take control of the car at any time.
Level 3 ‒ conditional driving automation in which vehicles can make decisions, such as accelerating past a slow-moving vehicle, but still require a human override.
Level 4 ‒ high driving automation that do not require human interaction in most circumstances.
Level 5 ‒ full driving automation that do not require human attention.
AV may be thought of as a capability that requires a large combination of technologies that accomplish the following functions: perception (imaging, LIDAR, RADAR, acoustical), Navigational (GPS, guidance, beacons), vehicle specific (engine functions, fuel monitoring), communications (remote access, beacons, traffic and location, internet), and vehicle control (steering, acceleration, functions).
AV technology will generate and use vast amounts of data, raising novel legal and policy issues that depend on the types of data gathered and how it is used. For example, autonomous vehicles will gather information on locations that may be sensitive. Combined with smart city tech, that data can be used for marketing in ways that consumers might consider overly intrusive. Imagine being served targeted ads based on location, such as clothing ads when the vehicle is near a clothing store.
One of the most obvious challenges to the implementation of AV technology is manufacturers liability laws. For example, two people were killed in a Tesla driverless car incident. US faulty design laws may apply. In addition, given the high-tech aspect of AV, there is the possibility of hacks and malware. Some legal scholars have even speculated on whether the artificial intelligence that controls AV cars can be held criminally liable since they are programmed to make moral decisions in traffic. In one sense, AI might make better decisions, not being subject to road rage (we hope) or emotional decisions. In another sense, can a machine fully replicate human judgement and the infinite scenarios that will require judgements?
Increasing amounts of money have been going into AV technology, mostly at later stages and at higher median amounts, suggesting that valuations are high, driven by autonomous driving, connected cars, electric vehicles and smart mobility. Overall, the AV industry has been in flux but still growing. VCs view AV as a high cash-burning business that will not generate revenue in the near future. In 2020, many AV companies laid off of employees or shut down completely. Nevertheless, AV companies are actively raising large rounds and funding is expected to grow. Funded companies have also begun to consolidate as the market matures.
Despite the business and legal challenges, AV is on the rebound and promises to be a growth sector in the future and a developing capability.
Roger Royse, Executive Contributor Brainz Magazine
Roger Royse is a partner in the Palo Alto office of Haynes and Boone, LLP and practices in the areas of corporate and securities law, domestic and international tax, mergers and acquisitions, and fund formation. He works with companies ranging from newly formed tech startups to publicly traded multinationals in a variety of industries. Roger is a Fellow of the American College of Tax Counsel and former chair of several committees of the American Bar Association Sections of Business Law and Taxation. Roger has been an instructor or professor of legal, tax and business topics for the Center for International Studies (Salzburg, Austria), Golden Gate University School of Law and Stanford Continuing Studies. Roger is a nationally recognized authority on AgTech – the technology of food production ‒ and the legal considerations for companies in this industry. Roger is also the author of 10,000 Startups: Legal Strategies for Success and Dead on Arrival: How to Avoid the Legal Mistakes That Could Kill Your Startup and has been interviewed and quoted in the Wall Street Journal, Forbes, Fox Business, Chicago Tribune, Associated Press, Tax Notes, Inc. Magazine, Nikkei Asian Review, China Daily, San Francisco Chronicle, Reuters, The Recorder, 7X7, Business Insurance and Fast Company.
