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von Ungern-Sternberg, Antje --- "Autonomous driving: regulatory challenges raised by artificial decision making and tragic choices" [2018] ELECD 1411; in Barfield, Woodrow; Pagallo, Ugo (eds), "Research Handbook on the Law of Artificial Intelligence" (Edward Elgar Publishing, 2018) 251

Book Title: Research Handbook on the Law of Artificial Intelligence

Editor(s): Barfield, Woodrow; Pagallo, Ugo

Publisher: Edward Elgar Publishing

ISBN: 9781786439048

Section: Chapter 9

Section Title: Autonomous driving: regulatory challenges raised by artificial decision making and tragic choices

Author(s): von Ungern-Sternberg, Antje

Number of pages: 28

Abstract/Description:

Autonomous cars are among the most fascinating and visible examples of how artificial intelligence will change our daily life. Very soon, autonomous cars will be able to drive safely on public roads without control of a human driver. The technology—allowing the car’s computer system to collect data from sensors, to interact with other vehicles, to analyze data and to control the vehicle’s function—has already been developed but it is unclear how fast the new technology will spread. One can reasonably expect that autonomous cars will greatly enhance road traffic safety, mobility and convenience. But autonomous driving might also have negative consequences. It is very likely, for example, that human driving will be outlawed altogether at some point in order to eliminate the risk caused by the human factor. Turning to legal aspects, road traffic law is a very densely regulated area of law which protects important goods like road safety and traffic fluidity. Traditionally, it is the human driver who must follow the rules of road traffic law. In an autonomous car, it is no longer a human, but an algorithm, i.e. a step-by-step procedure for solving a problem used by a computer, which governs the car’s behavior. Shifting decision-making from a human being to an artificial agent such as a self-driving car raises several legal questions. Does the law permit artificial decision-making—or does it require human operators, at least in certain areas of law? How can artificial agents comply with legal norms such as road traffic regulations? And finally, what should self-driving cars do if they cannot avoid an accident and face tragic choices? This chapter addresses these legal challenges posed by artificial decision-making. The legal questions are considered in an abstract manner, but with a view to German, U.S. and public international law, particularly human rights law. After clarifying the relevant terms, the chapter looks at the legal framework of artificial decision-making, in general, and the legal problem of tragic choices, in particular.