Six Monthly Presentation – December 2020

CRITICAL LEGAL ANALYSIS ON

RIGHTS AND LIABILITIES WHEN USING
ARTIFICIAL INTELLIGENCE IN
AUTONOMOUS VEHICLES

SUPERVISOR : Dr Aisha Ahmed Sharfi

RESEARCH SCHOLAR : Sivarama Krishna Prakash

JULY 2019 BATCH

REG NO:190401017002

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 DIARY OF ACTION

MONTH/ DATE PHD - PROGRESS REPORT

Submitted a paper on “LEGAL ISSUES ARISING THROUGH USE OF ARTIFICIAL INTELLIGENCE IN

MEDICAL PRACTICE” for NCLS conference in Alliance University. Paper has been checked for
Plagiarism and is ready to be published. However, the conference got postponed due Covid
March 2020 and hence the publishing is on hold.

Identified topic for my thesis and submitted the same to my Guide for approval on “LEGAL
June 10th 2020 CHALLENGES POSED BY AI THROUGH CREATION OF NON-BIOLOGICAL ENTITIES”

JULY 4TH 2020 WEBINAR - Attended Workshop on Research Methodology hosted by Upskill First.
July 2020 PHD Coursework Examinations
Aug 20 - Sep-20 Prepared my Research Proposal.

Submitted and Presented my first draft of the Research Proposal during the Coursework VIVA
September 27 2020
th
VOCE. Feedback received from all the faculty members to tone down the scope.

The Research Proposal was re-written incorporating feedback received during Viva. Post
Feedback - Proposal and Title revised to “ARTIFICIAL INTELLIGENCE AND CREATION OF NON-
BIOLOGICAL ENTITIES – A LEGAL ANALYSIS”. Rewritten Research Synopsis Proposal Presented
October 1st to 13th 2020 to Doctrinal Committee for approval on October 13th 2020
CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 DIARY OF ACTION (CONT’D)

MONTH/ DATE PHD - PROGRESS REPORT

The Synopsis was presented before Doctoral Committee on 13 Oct 2020 and
thereafter was revised incorporating feedback received during the presentation from
Dr Mukul, Dr Kiran (Dean), Dr Syam & Dr Aisha (my Guide). Also the title was
changed to “CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING
ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES”
October 13th to 15th 2020 Revised synopsis submitted to Dr Aisha (Guide) on 15 Oct 2020.
Attended Webinar conducted by Galgotias University on “Artificial Intelligence and its
16 October 2020 Applications in Education” and received Certificate of Participation.
Attended book review conducted by Nirma University on the book titled “Artificial
24 October 2020 Intelligence – Law and Policy Implications”.
Submitted abstract on “AI AND ELIMINATION OF HUMAN BIAS” for AMSICON
09 November 2020 conference in Alliance University during January 2021.
02 December 2020 Received Research Proposal /Title / Guide Approval Certificate
Third PHD Progress Report Presentation. Submitted Progress Report to Guide on
December 21st to 24th 2020 December 5th 2020
Reading and Reviewing Material - Articles and Books - to write Chapter 2 of the
December 2020 Thesis on – Existing Legal Status of Autonomous Vehicles in the USA.

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 • Researching the various Legal provisions
enacted by various States in USA
• Making notes for incorporation and analysis
in Chapter 2.
• Almost all State enactments have been
downloaded from the official website.
Present Position of
Research • In parallel also collecting soft copies of
various books of AI & Liability etc and more
recently obtained the book AI (Legal & Policy
Implications) post Nirma Law School Book
Launch Webinar.
• Book is a compilation of 14 papers on AI.

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 Sub Sections per synopsis
Chapter 2 : • Existing laws, regulations and policies on Autonomous Vehicles in USA.
Existing Legal
Status of • Important/landmark global case laws on Autonomous Vehicles in USA.
Autonomous Sub Sections while writing Thesis
Vehicles in USA. • Background of Autonomous Vehicles in the United States of America (USA)

• Why Autonomous Vehicles

• Ethical Issues to be considered while programming Autonomous Vehicles and

drafting changes to existing laws.

• Existing laws, regulations and policies on Autonomous Vehicles in USA.

• History of legislation on Autonomous Vehicles in various States in the USA 

• Important/landmark global case laws on Autonomous Vehicles in USA.

• Analysis of Inconsistencies & Gaps in existing laws on Autonomous Vehicles in USA.

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 •GM’s Exhibit named Futurama in 1939
History & Background at New York World’s Fair.
of autonomous car in
the United States of •It displayed their vision of world twenty
America (“USA”) years later.

•1958 GM made this model a reality by

coming out with a working model.

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 Why Autonomous
Vehicles
 

•National Safety Council statistics - 40,000 people killed/year due road accidents in the
USA.

•Number increasing year on year.

•In addition to deaths millions of injuries have occurred due to road accidents

•Medical attention costs to the USA around 400 million plus dollars per year.

•National Highway Traffic Safety Administration (“NHTSA”) carried out a study

• Study revealed human error as reason for more than 90% of the deaths caused due
to road accidents.

• NHTSA concluded that autonomous vehicle was probably the best solution to reduce
death due human error.

• Insurance companies also supporting this movement by , offering discounts to drivers

of vehicles with safety devices.
CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL
INTELLIGENCE IN AUTONOMOUS VEHICLES
 SOCIETY OF AUTOMOTIVE ENGINEERS
(USA) FIVE RATING AUTOMATION DESIGN

Zero Level One Level Two Level Three Level Four Level Five

No Driver Partial Conditional High Level Five:

Automation – Assistance – Automation – Automation – Automation – Full
Driver is fully The vehicle The vehicle The vehicle is The vehicle is Automation –
responsible. has been helps the automated in fully Fully
programmed driver with all aspects, automated automated
to do partial one or more but the and can driverless
work like say systems. presence and perform all vehicle.
cruise Driver’s intervention duties even if
control. presence is of driver is driver
However, mandatory. required intervention
driver has to when is not there.
be present necessary However,
and must driver’s
perform all presence is
other tasks. mandatory.

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
  
• Present road accidents human drivers make choices on what to avoid or rather what to
save
• Decision in most cases are based on the culture of that particular country/state and may
not be uniform across the world.
• For fully autonomous vehicles this will eventually depend on how these vehicles have
been programmed.
• Human bias or human ethics based on region where these vehicles are manufactured can
be one strong factor in programming.
Ethical Issues to be • AV’s may not be popular across the world unless they are programmed separately basis
considered while the culture and also laws/judicial precedents of the places where these vehicles are to be
sold or operated.
programming
Autonomous Vehicles
EXAMPLE OF CHOICES
and drafting changes to
MIT launched a survey called Moral Machine (https://www.moralmachine.net/) and
existing laws. collected lakhs of responses across the world and some of the important findings in Western
World are that humans tend to choose the following:
•Young over old. ---- Asia Reverse
•Humans over animals. ---- Asia Reverse
•Few over many
Most of them were not sure when it came to choosing “Elderly man in the crosswalk or the
pregnant woman on the sidewalk”.
http://moralmachineresults.scalablecoop.org/
CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 USA Department of Transportation (“DOT”) specific guidelines for manufacturers involved in
development and testing of vehicles lists federal and state responsibilities as follows:
 
Federal Responsibilities.
• Setting Safety Standards & enforcing compliance,
• Investigating noncompliance,
• Managing recall of defective vehicles,
• Educating the public about vehicle Safety and
• Issuing guidelines to achieve national goals in all areas with respect to automated
Existing laws, regulations vehicles including safety and compliance.
and policies on  
Autonomous Vehicles in State Responsibilities. 
USA • Human Driver’s License,
• Registration of Automated Vehicles in their jurisdiction,
• Enactment of Traffic Laws and their enforcement,
• Carrying out safety inspections on as required basis and
• Regulating insurance and liability of such automated vehicles.

On March 23, 2018, the Consolidated Appropriations Act, 2018 was made into a law.  As per
this Act, U.S. DOT is to conduct research on the development of Automated Vehicles
especially in the domain of Highly Automated Vehicles (“HAV”) technologies and Advanced
Driver-Assistance Systems (ADAS).
CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 • Upto November 2020, twenty-nine
states in the USA have passed laws
relating to autonomous vehicles.
• Other states either have them in the
pipeline or are yet to take a decision on
History of legislation on it.
Autonomous Vehicles in • It is mandatory for all manufacturers to
various States in the USA carry out as safety assessment as per
Department of Transport, USA norms.
• Irrespective of the level of automation
there is no excuse from obtaining
vehicle registration, insurance and
driving license.

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 29 States with law are:
Alabama, Arkansas, California, Colorado,
Connecticut, District of Columbia,
Florida, Georgia, Illinois, Indiana,
Kentucky, Maine, Michigan, Mississippi,
Nebraska, Nevada, New York, North
History of legislation on Carolina, North Dakota, Oregon,
Autonomous Vehicles in Pennsylvania, South Carolina, Tennessee,
various States in the USA Texas, Utah, Vermont, Virginia,
Washington, Wisconsin.

States with Executive Orders:

• Arizona, Delaware, Hawaii, Idaho,
Massachusetts, Minnesota, Ohio.

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 Important/landmark case
laws on Autonomous
Vehicles in USA.

Yet to be Researched

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL

INTELLIGENCE IN AUTONOMOUS VEHICLES
 Analysis of Inconsistencies &
Gaps in existing laws on
Autonomous Vehicles in USA.
Yet to be Researched and Captured

CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES
 ?
CRITICAL LEGAL ANALYSIS ON RIGHTS AND LIABILITIES WHEN USING ARTIFICIAL INTELLIGENCE IN AUTONOMOUS VEHICLES