network, policy & privacy considerations for …...4/25/2018 6 ice on fire 5th generation (5g)...

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Presented byLindsay Miller & Matthew Diaz

Ice Miller LLP250 West Street

Columbus, Ohio 43215614.462.2700Icemiller.com

Network, Policy & PrivacyConsiderations for ConnectedAutonomous Vehicle Initiatives

Wednesday, April 25, 201811:30 am - 12:00 pm (EDT)

eDocs #5811786 - attorney advertising material

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Connected/ autonomous vehicles (CAVs) offer opportunities to improve traffic flow and efficiency, reduce congestion, enhance safety and provide mobility solutions for

disadvantaged populations. However, more than simply the vehicles, implementing such systems will require robust broadband connectivity and ample privacy

protections. Strategic policy and planning decisions will be vital to ensuring sufficient infrastructure and privacy measures are in place in the deployment of CAVs.

Topics to be covered today:

Federal and state policy guidance on CAV deployment

Wired and wireless broadband infrastructure needs

Data collection, storage and privacy considerations

Overview

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Federal & State Policy Guidance on CAV Deployment


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Federal guidance is developing:

June 2017 – FTC hosted workshop to tackle data collection and storage, privacy and security practices of vehicle manufacturers

Sept. 2017 – U.S. House passed SELF DRIVE Act

Sept. 2017 – U.S. Senate introduces AV START Act

Sept. 2017 – U.S. DOT released federal guidance “Automated Driving Systems: A Vision for Safety 2.0”

Federal Regulation of CAVs


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States have taken the lead in developing legal frameworks to regulate CAVs.

Twenty-two states and Washington D.C. have enacted legislation related to CAVs.

States vary significantly from each other with varying requirements related to:

Non-testing / public use of autonomous vehicles

Presence of a human operator in the vehicle

Liability

Insurance

Safety mechanisms

State Regulation of CAVs


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Source: National Conference of State Legislatures (April 6, 2018)

CAV Regulation from State to State


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First state to pass “comprehensive” CAV legislation.

One of the few states where the operation of CAVs are permitted on public roads.

Statutes enable motor vehicle manufacturers (e.g., Ford) and non-motor vehicle manufacturers (e.g., Google) to test autonomous vehicles on public roads.

Before beginning testing, an entity must comply with the following:

Must submit satisfactory proof of insurance.

Vehicle is operated by a person authorized by the manufacturer.

Operator can monitor vehicle performance and take control at any time.

Operator must lawfully be able to operate a motor vehicle in the U.S.

Michigan Leads the Way


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Wired & Wireless Broadband Infrastructure Needs


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Broadband Infrastructure Needs

Internet of Things (IoT): will create unprecedented new uses for internet-enabled devices and heighten demands for high-speed connectivity

5G

High-speed broadband connectivity, considered the “fourth utility” in several markets, offers economic growth and development advantages to cities

Intelligent transportation systems, traffic control, public safety, utility monitoring and more

5th generation (5G) mobile connectivity: the next wireless telecommunications standard; will support the proliferation of Internet of Things and Smart Cities

Challenges

Cost

Rights-of-way (ROW) issues

Permitting processes

Non-traditional procurement strategies

Broadband Infrastructure Needs - Fiber

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Fiber is “future-proof,” meaning the available bandwidth can be increased without having to change the infrastructure.

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5th generation (5G) wireless

In 2016, the Federal Communications Commission (FCC) unanimously voted to open high-band spectrum for 5G expansion. This action is projected to impact connected devices, including connected vehicles, in ways that are not yet fully imaginable.

Broadband Infrastructure Needs - Wireless


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We are still several years from true 5G deployment, but several telecommunications providers are already testing 5G wireless networks

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Large-scale small cell deployment is not only imminent, but essential for cities to obtain the full benefits of 5G and IoT into municipal functions

Requires the proliferation of smaller, more numerous towers and antennas

Municipalities are naturally protective of rights-of-way and local aesthetics

May resist the deployment of infrastructure in ROW, despite the need for modern communications systems



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Wireless Networks


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Dedicated Short-range Communications (DSRCs)

DSRCs are an additional communications option, in addition to cellular and Wi-Fi connectivity, for connected/ autonomous vehicle networks.

Multi-communication road-side units (RSUs) that include DSRC, cellular and Wi-Fi capabilities:

Additional bandwidth

Immediate connectivity with cellular and Wi-Fi enabled devices

Incremental cost increase for additional functionality benefits



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Publicly owned networks:

More municipal control; more municipal responsibility/ risk

Privately-owned networks

Less municipal control; less municipal responsibility/ risk

How most networks are currently built

Public-private partnerships (P3s)

Strike balance between control and responsibility/ risk, while still delivering services to meet end-users needs

No one-size-fits-all P3

Broadband Infrastructure Needs –Network Deployment Models


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Represent the Ohio Department of Transportation (ODOT) in the development of its US-33 Smart Mobility Corridor (slated to be the longest automotive/ connected vehicle testing corridor in the world), which includes creating the governance model and MOU by and between the various entities:

City of Marysville

City of Dublin

Union County

ODOT

OARnet

Broadband Infrastructure Needs –US-33 Corridor Example


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Data Collection, Storage & Privacy Considerations


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“Data is the new oil. It’s valuable, but if unrefined it cannot really be used. It has to be changed into gas, plastic, chemicals, etc. to create a valuable entity that

drives profitable activity; so must data be broken down, analyzed for it to have value.”

Data is the New Oil


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Data Security & Privacy in the News


19Source: Wall Street Journal (April 11, 2018)

https://www.wsj.com/articles/at-facebook-hearing-senators-signal-interest-in-more-tech-regulation-1523390133

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The FTC is the nation’s primary data security and privacy enforcer.

In January 2018, FTC Staff released a report highlighting key takeaways from a June 2017 “Connected Cars” workshop.

Federal Trade Commission (FTC) & Privacy


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As motor vehicles become “smarter” and increasingly connected to the internet, they will naturally begin to collect and analyze various data points while operated.

The data collected will be a mixed bag of non-sensitive data and sensitive personal data.

Consumers may have concerns over secondary, unexpected uses of collected data. This will play a critical role in the adoption and acceptance of the new technology.

Companies Will Collect CAV Data


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Current Data Collection

Event Data Recorders (EDRs)

On-Board Diagnostic Information (OBD-II)

New Data Collection

Location Information

In-Cabin Information

External Information

User Recognition

Apps

What Kinds of Data Will Be Collected?


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How Will the Data be Collected?


23Source: Data and the Connected Car, Future of Privacy Forum

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How Will the Data be Collected?


24Source: Data and the Connected Car, Future of Privacy Forum

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Like all connected devices, the threat of a cyber attack is serious.

With network connectivity, a hacker may not only be able to access and steal data collected by a vehicle, but may also be able to actually override and control the vehicle itself.

Cybersecurity Best Practices:

Information sharing, network design, risk assessment and mitigation, and standard setting.

Cybersecurity Risks


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Data Breach Notification Law Compliance

All 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands have their own, differentlaws.

Litigation

Government investigations and enforcement actions

FTC Section 5 Enforcement Action

State Attorney General

Business v. Business Lawsuits

Consumer Class Actions

Consequences of Cyber Vulnerabilities


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Transparency

Clear and concise privacy policies

Affirmative Consent

Opt-in v. Opt-out consent

Use Restrictions

Sharing with Third Parties

Sharing with Government and Law Enforcement

Considerations for Companies


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The transition from standard human operated vehicles to fully connected autonomous vehicles will likely be as revolutionary and radical a concept as the transition

from horse and buggy to the Model T.

Conclusion


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Presented byLindsay Miller & Matt Diaz

Ice Miller LLP250 West Street

Columbus, Ohio 43215614.462.2700Icemiller.com

Questions?

eDocs #5811786 - attorney advertising material

29This PowerPoint presentation is for educational and general informational purposes only. It is not specific legal advice. You should seek legal advice from your counsel in an attorney-client relationship

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