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Self-Driving Cars are Here. Are Businesses, Consumers, and Lawyers Ready?

The introduction of the automobile changed not only American transportation, but American culture as well. While automobiles had existed since the late 1800s, they were typically very expensive and unreliable. However, in 1908, Ford released the Model T, an automobile made for the middle class. Sold for a measly USD $850 (a less measly USD $23,000 in today’s dollars), the Model T rapidly gained popularity in the United States [1]. Ultimately, the introduction of affordable mass-market automobiles led to the car-centric transportation system the United States has today. For over a century, this system has persisted, with wide interstate highways and large parking lots dominating American cityscapes.

But even after a century of automobile innovation, relatively little has changed about the fundamentals of driving. At least one passenger must control the car at all times, and if they lose control, even for a split-second, there could be disastrous consequences. Now, in 2021, those fundamentals are beginning to change. With massive tech companies like Uber and Amazon investing heavily in this emerging technology [2], it’s fair to wonder: How soon will self-driving cars become the norm? And how will this eventual change affect tech, law, and culture?

History of Autonomous Vehicles

One of the first autonomous vehicles came just a few years after the popularization of the automobile. However, this car was far from a technological masterpiece, closer to a life-size RC car than an automotive revelation. In 1925, electrical engineer Francis Houdina paraded a driverless sedan with a massive antenna down the streets of New York City. He controlled the car via remote control in a trailing vehicle. Ironically, the car crashed into another automobile full of journalists during the parade [3]. Despite the embarrassing end to the initial showcase, radio-controlled cars became tourist attractions for the next decade. Spectators were amazed by driverless cars, and automobile companies noticed. In 1935, Chevrolet even advertised the benefits of self-driving cars in an automobile safety video [4]. Even when mass-market automobiles were just beginning to flourish, a future filled with autonomous vehicles was dreamt by consumers and automakers alike. However, while automobile companies continued research and development into self-driving cars, it amounted to little else but prototypes and tourist gimmicks.

Beginning in the early 2010s, these prototypes and gimmicks began to have legitimate functionality. Cars manufacturers began to include features that were previously limited to autonomous vehicle prototypes. For example, in 2013, Mercedes-Benz released a luxury car featuring automatic braking, adaptive cruise control and parking assistance [5]. While this tech was exclusive to high-end cars years ago, features like parking assistance and automatic braking are regularly included in more affordable cars today. However, the biggest step toward a future with self-driving cars was made by Tesla. The electric-vehicle company introduced its “autopilot” software in 2015, allowing drivers to take their hands off the wheel while driving [6]. While Tesla’s autopilot feature isn’t fully autonomous, it is one of the first auto manufacturers to produce a mass-market vehicle with significant autonomous capabilities.

Why Autonomous Could be the Future

First and foremost, auto manufacturers are embracing self-driving cars because of their safety. Put simply, humans are not better drivers than robots. Self-driving cars would be able to make split-second decisions quicker than humans. Additionally, an autonomous vehicle future could wipe out incapacitated driving, which makes up 10% of all car crashes [7]. Altogether, one study states that a future with fully autonomous vehicles could cut traffic accidents by at least 34% [7]. While 34% fewer crashes may not seem like a massive decrease, it could have life-saving effects. There were an estimated 36,120 car crash fatalities in 2019 in the United States [8]. If 34% of those crashes were averted by autonomous vehicles, it could save over 12,000 lives each year.

Finally, consumers are drawn to autonomous vehicles because of their convenience. Self-driving cars could put an end to the stresses and anxieties of driving. After all, driving has always required the driver’s complete attention; to the point where eating while driving is heavily discouraged, and texting while driving is illegal in most states. Driving requires full, undivided attention. And for heavy-traffic areas or long road trips, this can be inconvenient for drivers. A future where drivers can send emails, talk to passengers or even nap is incredibly appealing to most drivers. While fully autonomous vehicles are still a long way away, it’s clear why consumers are interested in self-driving cars as well.

Why Autonomous Cars Could Flounder

One of the biggest obstacles facing automakers isn’t one of technological capability, but legal culpability. Right now, in almost every car crash, one of the affected drivers is at fault. Most importantly, the at-fault driver is often on the hook for financial penalties. But if all vehicles are autonomous, and there’s a crash, who is responsible? Because we are nowhere near this level of automation yet, we simply don’t know what the law will be in the era of self-driving cars. Could auto corporations be found at fault? If they are, why would companies continue to make autonomous vehicles if each one could mire the company in a lawsuit? Simply put, there are massive legal questions regarding autonomous vehicles that we don’t know the answer to, and won’t know until self-driving cars are much more integrated into society.

Finally, concern among consumers regarding privacy could cause the future of self-driving cars to sputter. Autonomous vehicles could become yet another device that collects and sells your personal data to advertisers. Even worse, these self-driving cars would have access to loads of unique data points, including travel histories and voice recordings. And because self-driving cars require software updates for new roads, even cars could become subject to ransomware attacks and other cybercrime. While autonomous vehicles can offer unparalleled convenience for their users, they can also force new, invasive forms of surveillance.

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[1] History.com Editors. “Model T.” History.com. A&E Television Networks, April 26, 2010. https://www.history.com/topics/inventions/model-t

[2] Palmer, Annie. “Amazon Zoox Unveils Self-Driving Robotaxi.” CNBC. CNBC, December 14, 2020. https://www.cnbc.com/2020/12/14/amazons-self-driving-company-zoox-unveils-autonomous-robotaxi.html

[3] Engelking, Carl. “The ‘Driverless’ Car Era Began More than 90 Years Ago.” Discover Magazine. Discover Magazine, May 17, 2019. https://www.discovermagazine.com/technology/the-driverless-car-era-began-more-than-90-years-ago

[4] Chevrolet Presents: The Safest Place. YouTube. YouTube, 2013. https://www.youtube.com/watch?v=cilh7br-P80

[5] Ingraham, Nathan. “Mercedes-Benz Shows off Self-Driving Car Technology in Its New $100,000 S-Class.” The Verge. The Verge, May 18, 2013. https://www.theverge.com/2013/5/18/4341656/mercedes-benz-shows-off-self-driving-car-technology

[6] Golson, Jordan. “Volvo Autonomous Car Engineer Calls Tesla’s Autopilot a ‘Wannabe’.” The Verge. The Verge, April 27, 2016. https://www.theverge.com/2016/4/27/11518826/volvo-tesla-autopilot-autonomous-self-driving-car

[7] Baldwin, Roberto. “IIHS Study: Autonomous Cars Won’t Avoid Majority of Vehicle Crashes.” Car and Driver. Car and Driver, November 10, 2020. https://www.caranddriver.com/news/a32783046/iihs-autonomous-cars-not-as-safe-study/

[8] Media, NHTSA. “Early Estimates of 2019 Motor Vehicle Traffic Data Show Reduced Fatalities for Third Consecutive Year.” NHTSA. NHTSA, May 5, 2020. https://www.nhtsa.gov/press-releases/early-estimates-2019-motor-vehicle-traffic-data-show-reduced-fatalities-third

Looking Ahead: You Own Your Vehicle, But Who Owns Your Vehicle-Generated Data?

If we pause for a moment and think to the future of smart cars, half of us probably start daydreaming of zipping around in sleek flying machines while the other half starts eyeing their plastic model of the Batmobile hanging from the rearview mirror.

But have you ever stopped to think about what’s actually happening with the technological developments of cars? Already we have vehicles with cameras to help you back out of the driveway, touch screens installed into the dash, and the capability of calling your husband to start cooking that pizza before you get home.

We also have connected cars, which have embedded mobile broadband chips and the ability to communicate with other cars in a way that drastically reduces the number of roadside accidents.

And beyond that, we have cars that drive themselves.

As our vehicles are getting smarter, they’re also producing more data. This means your data privacy concerns are not only limited to your personal computer and the apps that your teenage daughter is using—your data privacy concerns now have to do with the car sitting in your driveway that has the capability of generating, recording, and sharing data.

It is projected that there will be over 380 million connected vehicles by 2021.

Your Valuable Data

Cars have evolved beyond basic machinery and are now becoming vehicles of data, capable of sharing where you’re going, how fast you got there, how many people went with you, and what kind of music you listened to.

With sensors and cameras being incorporated into the makeup of vehicles, they can now collect more data than ever before, and this data can be used and analyzed to make more money.

So your vehicle-generated data is the type of information that companies will want to know in order to learn how to better market their products to you, and it’s information that you want to be aware and in charge of.

As the number of data-gathering cars increases, consumers will want to become more aware of what kind of data their car is generating, as well as who keeps that type of private information.

Who Has That Information Now And Who Wants It?

Currently, data-generating vehicles are still in their early years, and it will be a number of years until most vehicles are as up-to-date, so the tug between data ownership is most heavily on the side of the car manufacturers.

But for how long? Who knows.

Without regulation, companies have access to everything within a very large sphere of people’s lives. Think of the amount of data!

And who might be eyeing your vehicle-generated data like a burger fresh off the grill?

Well, really any industry that would gain from learning about a consumer’s driving habits such as speed and regular routes, phone calls, radio or phone usage…even your personal conversations.

For example, this could include radio stations that want to better know what everyone’s listening to. It could include companies who develop car stereo systems and want to know how to cater to their technological-advancing drivers, or insurance companies tracking how many times you use your phone while driving so they can adjust your rates accordingly. It could even include car seat manufacturers who want to do a study on how fast or how carefully most parents drive, and then use that information to design their car seats and market them in a specific way.

Companies like these will want to know things like how you drive, your age, your income, what you buy, or if you have kids. This is the type of information that is pure gold for businesses because it enables them to “know” you and improve the way they market their products to you.

These days, private information is currency, and industries want it for their own gain.

Industries want to make money, and so they want your information.

Suddenly there is yet another massive data mine that consumers need to be aware of as they go about their lives. Just as you would protect your information as you use your phone or computer, now it’s incredibly important to begin thinking about where your vehicle-generated data is going and how you need to protect it.

Today, self-driving cars can generate one gigabyte of data per second, which means just five minutes of driving will produce more data than your iPhone could handle. With this amount of data being gathered, all kinds of business opportunities are arising, and before long the moneymaking data vultures will begin circling above your car.

So the next time you’re driving to work, think about the data that is being generated with every mile, every Bluetooth connection, and every radio station change—those little things we all do without thinking twice. The data your car is generating is valuable and coveted and needs to be secured and protected.

Hack Attack

Worried about your computer getting a virus? Well, what if your car was at risk too?

Yet another source of concern is the safety of your vehicle-generated data from attackers. As vehicle technology continues to evolve, the security of your car desperately needs to adapt with the times. Attackers will move on from mobile phones and laptops to the car sitting in your garage or parked on the street.

Vehicles have become gold mines, and this makes them valuable targets for hackers and malware.

No one with a smart phone or computer wants their device to be targeted for private information and details to be stolen. The same goes for today’s vehicles.

The Cost Of Convenience

Imagine this: your check engine light just turned on and you take it to a mechanic for repairs. Your repairman has access to the data stored on your car and it tells him exactly what’s wrong with it. This would revolutionize the auto-mechanic industry. It expedites the mechanic’s job and therefore saves the consumer money.

But at what cost?

We need to be aware of what we are giving away in the name of convenience.  Are the small perks worth the encroachment of privacy? Are they worth the monetization of your data?

Are they worth the very real possibility of someone analyzing every word of every personal conversation and phone call you’ve ever had in your vehicle, including that one with your spouse after celebrating your anniversary, or that one you had with your daughter after picking her up from school?

A Step In The Right Direction

In a recent proposal by a California senator, the contest between vehicle data ownership was confronted and a new bill was unveiled that would allow vehicle owners to see their car’s data and decide whether or not they wanted to share it.

This is an encouraging step in the right direction. But so much more is needed.

As consumers we need to be aware of what is happening in the ever-changing world around us. We need to be realistic in terms of how the marketplace views our data and us: money.

Protecting Your Data

It is our responsibility to hold both the automobile industry and lawmakers accountable for the protection of our rights. We need to mandate transparency from our automakers and require advancements in security and privacy. Additionally, we need to stay current with the knowledge of our rights and our legal protection as new bills are put into place.

The vehicle industry has previously had practically nothing to do with technology and little-to-no need for the security of such. Having no prior experience in this field, automakers need to begin bringing in software analysts, networking engineers, and data scientists to begin shaping the security and privacy we as consumers need.

But we also need consumers to be aware of what is going on.

We need to be aware that our vehicles are becoming data-generating machines on wheels, we need to be aware of what we are sacrificing in the name of comfortable convenience, and we need to be aware of the steps we need to take in order to protect ourselves.