Evolving Autonomous Vehicle Technology and the Erosion of Privacy

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University of Miami Law School University of Miami School of Law Institutional Repository University of Miami Business Law Review 12-19-2018 Evolving Autonomous Vehicle Technology and the Erosion of

1 University of Miami Law School University of Miami School of Law Institutional Repository University of Miami Business Law Review Evolving Autonomous Vehicle Technology and the Erosion of Privacy Raquel Toral Follow this and additional works at: Part of the Fourth Amendment Commons, and the Science and Technology Law Commons Recommended Citation Raquel Toral, Evolving Autonomous Vehicle Technology and the Erosion of Privacy, 27 U. Miami Bus. L. Rev. 153 (2018) Available at: This Comment is brought to you for free and open access by University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Business Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact

2 University of Miami Business Law Review University of Miami Business Law Review

3 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW See House Passes Bipartisan Legislation Paving the Way for Self-Driving Cars on America s Roads See Federal Automated Vehicle Policy LG and Here Team Up on Self-Driving Car Telematics See The Smart Fourth Amendment

4 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Progressing from Motor Vehicles to Autonomous Vehicles Technology and the Threshold of the Fourth Amendment: A Tale of Two Futures See generally supra Symposium Article: The Potential Regulatory Challenges of Increasingly Autonomous Motor Vehicles

5 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Here s Every Company Developing Self-Driving Car Tech at CES 2018 See id. Making a Case for V2V, Suppliers Push Automakers to Take Lead See supra Q&A with Self-Driving Car Pioneer Chris Urmson See id

6 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW right Autonomous Vehicles and Wireless Communication Technologies supra Self-Driving Car Industry Needs Better Metrics, DOT Official Says See Defining a Stable, Protected and Secure Spectrum Environment For Autonomous Vehicles Blue Vision Labs, Which Builds Collaborative AR, Emerges From Stealth With $14.5M Led By GV., supra

7 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW How Autonomous is Autonomous? supra See generally Global Positioning System, See supra See id Id. Symposium Article: Privacy in Autonomous Vehicles

8 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW see also Driving Into the Unknown: Examining the Crossroads of Criminal Law and Autonomous Vehicles See supra See id supra See supra See id A Brief History of Autonomous Vehicle Technology

9 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW supra See supra See Here s What You Need to Know About the Status of Autonomous Vehicles Id.

10 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Autonomous Vehicles Self-Driving Vehicles Enacted Legislation supra see also See id. Id.

11 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW supra Id. see generally supra

12 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW The Self-Driving Bubble Is Nowhere Near Bursting See The Global Stage for Innovation See First True Autonomous Cars Won t Be For Sale Id. See id See Business Models Will Drive the Future Vehicles Trump Administration Working to Update Driverless Vehicle Guidance

13 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Trump Administration Expected to Nix Vehicle-to-Vehicle Communications Mandate Id. See Trump Infrastructure Plan to Include Shift Toward Driverless Vehicles See id see generally USDOT Automated Vehicles See id. supra

14 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Driverless Cars Are Ready to Hit the Road But Are We Ready for Driverless Cars? Id. See id See id. See supra See id

15 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW supra F.C.C. Repeals Net Neutrality Rules supra supra supra NCTA Call for 5.9 GHz Unlicensed Spectrum Meets Positive FCC Reaction

16 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW See supra See The Piracy of Privacy? A Fourth Amendment Analysis of Key Escrow Cryptography The Road to the Autonomous Age Will Be Paved by Smart Cities supra Id. See How Self-Driving Cars Work: The Nuts and Bolts Behind Google s Autonomous Car Program

17 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW What Type Information is Being Collected? See Katz supra The Employment Impact of Autonomous Vehicles

18 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW exceptions Data Privacy Issues of Self-Driving Vehicles Event Data Recorder Decoding What s in Your Car s Black Box See id. see also Data Collection for Self-Driving Cars Could be Risking Your Privacy See supra Event Data Recorder supra supra

19 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Is the Problem Collection or Use of the Information Obtained? without supra See supra id Id. Know About Driver s Privacy Protection Act see generally

20 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW United States v. Jones Jones See id. see also Know About Driver s Privacy Protection Act supra Jones see also supra See Jones

21 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Is There Enough Left of Boyd? Boyd v. United States Boyd Boyd Boyd See See See id See also The Life and Times of Boyd v. United States Boyd See id See also The Life and Times of Boyd v. United States supra

22 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Boyd Boyd Boyd Boyd See The Life and Times of Boyd v. United States supra See generally, supra see Q&A with Self-Driving Car Pioneer Chris Urmson supra Id. See supra See id

23 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Data and Reasonable Expectation of Privacy Boyd Katz v. United States Katz See id. See See supra Katz See supra Katz

24 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Katz United States v. Jones Jones Katz Jones Riley v. California Riley See supra supra See See supra see, e.g., In Search of a Fourth Amendment for the Twenty-First Century See supra supra Jones

25 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Riley Riley Riley Government Interception of Communications, Title III, and Reasonable Expectation of Privacy Katz Berger Katz See supra Riley Id. Riley supra Katz

26 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW United States v. New York Telephone Company The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution, See See intercept pen register supra

27 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW The Act for Caution: The Stored Communications Act Warshak Id. supra Id. Id. See Its Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law See see also

28 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW Warshak Warshak Warshak See See Warshak Warshak The Next Generation Communication Privacy Act

29 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW

MEETING 21 ST CENTURY TRANSPORTATION CHALLENGES: Entering New Era of Redefining Mobility. SUSAN MARLOW, GISP Principal at Stantec MAPPS President

MEETING 21 ST CENTURY TRANSPORTATION CHALLENGES: Entering New Era of Redefining Mobility SUSAN MARLOW, GISP Principal at Stantec MAPPS President I help clients make informed decisions by providing effective