Future Mobility: A New Paradigm in Legal Frameworks and Technology

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Dean of Law, Flinders University
tania.leiman@flinders.edu.au
DPC Policy Network Forum
14 September 2019
Flinders University Victoria Square
 
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traditional taxonomies don’t fit
existing legal frameworks don’t fit
data is as important as movement
 
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traditional taxonomies don’t fit
existing legal frameworks don’t fit
data is as important as movement
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Segway
E-scooters
E-bikes
Small Drones
Large drones
Passenger Drones
Delivery robots
Hyperloop
Pneumatique
Remotely operated vehices
 Platoon vehicles
AVs - land/air/sea/undersea
Driver monitoring systems
Driver/operator wearables
Exoskeletons
MaaS
RaaS
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Usage based insurance
Cooperative Intelligent Transport Systems C-ITS
Smart infrastructure
Smart cities
V2X, P2X, X2X
IoT
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traditional taxonomies don’t fit
existing legal frameworks don’t fit
data is as important as movement
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Reasonable
Foreseeable
Negligent
Intention
Reckless
Willful
Honest mistake
Due care & skill
Balance of probabilities
Beyond reasonable doubt
Competent
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traditional taxonomies don’t fit
existing legal frameworks don’t fit
data is as important as movement
 
https://modeltfordfix.com/wp-
content/uploads/2018/09/1914-
model-t-ford-38.jpg
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Ford converted the automobile from an expensive
curiosity into a practical conveyance that would
profoundly impact the landscape of the 20
th
 century
Image Michael D Wilson
https://www.vox.com/2019/2/20/18232469/shoshana-zuboff-age-
surveillance-capitalism-book-google-facebook-privacy-data-kara-swisher
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Data profoundly impacts legal rules and tests that
rely on human decision making and will shape how
we live and act in the 21
st
 century
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Data converts mobility from simply being ways to get
around into 
behavioural surplus  
fabricated into
prediction products 
that will profoundly shape how we
live and act in the 21
st
 century
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tania.leiman@flinders.edu.au
@TaniaLeiman
@tanialeiman
 
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A/Prof Tania Leiman, Dean of Law, College of Business, Government and Law, Flinders University
This presentation will provide an overview of the regulatory framework and the legal
implications and challenges of the changing face of mobility.
Emerging technologies such as automated cars, marine vessels, trains and drones pose
new questions regarding liability, data privacy, corporate responsibility and regulation.
Changing business models (transport as a service, ride share, usage based insurance)
and the growth in smart cities and connected infrastructure all have potential to
significantly impact existing legal frameworks.
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Explore the evolving landscape of future mobility through the lens of legal frameworks and technology advancements. Delve into how traditional taxonomies are inadequate for modern transport innovations, emphasizing the significance of data in conjunction with movement in this dynamic paradigm.

  • Future Mobility
  • Legal Frameworks
  • Technology Advancements
  • Data
  • Transport Innovation

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  1. Future Mobility A New Paradigm Tania Leiman Dean of Law, Flinders University tania.leiman@flinders.edu.au DPC Policy Network Forum 14 September 2019 Flinders University Victoria Square

  2. My thesis Future Mobility: A New Paradigm traditional taxonomies don t fit existing legal frameworks don t fit data is as important as movement

  3. My thesis Future Mobility: A New Paradigm traditional taxonomies don t fit existing legal frameworks don t fit data is as important as movement

  4. Whats missing?

  5. Segway E-scooters E-bikes Small Drones Large drones Passenger Drones Delivery robots Hyperloop Pneumatique Remotely operated vehices Platoon vehicles AVs - land/air/sea/undersea Driver monitoring systems Driver/operator wearables Exoskeletons MaaS RaaS What s still missing?

  6. Whats still missing? Usage based insurance Cooperative Intelligent Transport Systems C-ITS Smart infrastructure Smart cities V2X, P2X, X2X IoT What else?

  7. My thesis Future Mobility: A New Paradigm traditional taxonomies don t fit existing legal frameworks don t fit data is as important as movement

  8. Mobility Lifecycle

  9. Familiar words? Reasonable Foreseeable Negligent Intention Reckless Willful Honest mistake Due care & skill Balance of probabilities Beyond reasonable doubt Competent Others?

  10. Human or animal speed/force Injury caused by someone you know who has responsibility to care for you Human decision makers and actors Mechanised speed/force Injury caused by someone/something you don t know but can identify who has resources or insurance Human decision makers use machines to act Injury caused by someone/something you don t know and may not be able to identify who may be in another jurisdiction who may or may not have resources Machine intelligence uses data to drive decision making and mechanical or digital action Digital speed/force

  11. Human knowingly recklessly or negligently breaches rules Human or animal speed/force Law regulates human behaviour Big data identifies risks that could not be foreseen by humans Mechanised speed/force Law regulates technology AI shuts everything down before rules can be broken Digital speed/force AI is the regulator

  12. Human knowingly or recklessly or negligently breaches rules Human balances risk/reward what s reasonable? Human knows or ought to know of risk or rule Machine programmed to obey rule or avoid risk Coders/developers hack machine Machine operates as expected or malfunctions Real time big data mining identifies previously unknowable potential risks Machine intelligence uses data to identify optimal action to achieve desired outcome AI Connectivity shuts machine down before rules can be broken

  13. My thesis Future Mobility: A New Paradigm traditional taxonomies don t fit existing legal frameworks don t fit data is as important as movement

  14. https://modeltfordfix.com/wp- content/uploads/2018/09/1914- model-t-ford-38.jpg

  15. Wikipedia Ford converted the automobile from an expensive curiosity into a practical conveyance that would profoundly impact the landscape of the 20th century

  16. Image Michael D Wilson https://www.vox.com/2019/2/20/18232469/shoshana-zuboff-age- surveillance-capitalism-book-google-facebook-privacy-data-kara-swisher

  17. Taniapedia 1.0 following Zuboff Data profoundly impacts legal rules and tests that rely on human decision making and will shape how we live and act in the 21st century

  18. Taniapedia 2.0 following Zuboff Data converts mobility from simply being ways to get around into behavioural surplus fabricated into prediction products that will profoundly shape how we live and act in the 21st century

  19. Whats missing?

  20. tania.leiman@flinders.edu.au @TaniaLeiman @tanialeiman

  21. ABSTRACT Future Mobility: A New Paradigm A/Prof Tania Leiman, Dean of Law, College of Business, Government and Law, Flinders University This presentation will provide an overview of the regulatory framework and the legal implications and challenges of the changing face of mobility. Emerging technologies such as automated cars, marine vessels, trains and drones pose new questions regarding liability, data privacy, corporate responsibility and regulation. Changing business models (transport as a service, ride share, usage based insurance) and the growth in smart cities and connected infrastructure all have potential to significantly impact existing legal frameworks.

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