John Villasenor

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It’s not likely that legal issues regarding autonomous cars will be as much a hurdle as some think, but they will be somewhat of a story. In the New York Times article, “When Driverless Cars Break the Law,” Claire Cain Miller breaks down the potential future of civil and criminal culpability:

“In cases of parking or traffic tickets, the owner of the car would most likely be held responsible for paying the ticket, even if the car and not the owner broke the law.

In the case of a crash that injures or kills someone, many parties would be likely to sue one another, but ultimately the car’s manufacturer, like Google or BMW, would probably be held responsible, at least for civil penalties.

Product liability law, which holds manufacturers responsible for faulty products, tends to adapt well to new technologies, John Villasenor, a fellow at the Brookings Institution and a professor at U.C.L.A., wrote in a paper last month proposing guiding principles for driverless car legislation.

A manufacturer’s responsibility for problems discovered after a product is sold — like a faulty software update for a self-driving car — is less clear, Mr. Villasenor wrote. But there is legal precedent, particularly with cars, as anyone following the recent spate of recalls knows.

The cars could make reconstructing accidents and assigning blame in lawsuits more clear-cut because the car records video and other data about the drive, said Sebastian Thrun, an inventor of driverless cars.

‘I often joke that the big losers are going to be the trial lawyers,’ he said.

Insurance companies would also benefit from this data, and might even reward customers for using driverless cars, Mr. Villasenor wrote. Ryan Calo, who studies robotics law at the University of Washington School of Law, predicted a renaissance in no-fault car insurance, under which an insurer covers damages to its customer regardless of who is at fault.

Criminal penalties are a different story, for the simple reason that robots cannot be charged with a crime.”

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"The evolving role of digital storage in facilitating truly pervasive surveillance is less widely recognized." (Image by Bob Blaylock.)

The opening of John Villasenor’s new cautionary article, “Recording Everything: Digital Storage as an Enabler of Authoritarian Governments“:

“Within the next few years an important threshold will be crossed: For the first time ever, it will become technologically and financially feasible for authoritarian governments to record nearly everything that is said or done within their borders – every phone conversation, electronic message, social media interaction, the movements of nearly every person and vehicle, and video from every street corner. Governments with a history of using all of the tools at their disposal to track and monitor their citizens will undoubtedly make full use of this capability once it becomes available.

The Arab Spring of 2011, which saw regimes toppled by protesters organized via Twitter and Facebook, was heralded in much of the world as signifying a new era in which information technology alters the balance of power in favor of the repressed. However, within the world’s many remaining authoritarian regimes it was undoubtedly viewed very differently. For those governments, the Arab Spring likely underscored the perils of failing to exercise sufficient control of digital communications and highlighted the need to redouble their efforts to increase the monitoring of their citizenry.

Technology trends are making such monitoring easier to perform. While the domestic surveillance programs of countries including Syria, Iran, China, Burma, and Libya under Gadhafi have been extensively reported, the evolving role of digital storage in facilitating truly pervasive surveillance is less widely recognized. Plummeting digital storage costs will soon make it possible for authoritarian regimes to not only monitor known dissidents, but to also store the complete set of digital data associated with everyone within their borders. These enormous databases of captured information will create what amounts to a surveillance time machine, enabling state security services to retroactively eavesdrop on people in the months and years before they were designated as surveillance targets. This will fundamentally change the dynamics of dissent, insurgency and revolution.”

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“Soon the ultimate tool will become the ultimate weapon”:

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