Document Type
Note
Abstract
This Note argues that any new legislation imposing new safety regulations on car manufacturers is unnecessary, and will ultimately create more problems than it solves. First, there are numerous established laws that either already require what some of these propose, or address the issues involved in car hacking. Secondly, as vehicular technology becomes more advanced, so too will the methods available to fix the vulnerabilities within their systems. Finally, the government's inefficiencies and inability to stave off its own cyberattacks makes any type of federal regulations requiring minimum safety protocols a cumbersome option. For these reasons, this Note argues private ordering, the act of sharing regulatory authority with private actors, is the most effective solution to implementing effective cybersecurity measures.
While autonomous or self-driving cars are moving from the realm of science fiction to reality, such technology invokes a range of legal issues that are beyond the scope of this Note. Accordingly, this Note will focus on vehicle electronics as they are readily available on the current market.
This Note begins by providing a brief history of various research efforts to determine the potential dangers of car security breaches in Part I. Part II examines the current legislative proposals relating to car hacking and the shortcomings related to those proposals. Finally, Part III explores how existing laws can be applied to car hacking and sets out how private ordering is the most effective means of establishing cybersecurity standards within the automotive industry.
Recommended Citation
Liz Allison,
You Can't Hack This: The Regulatory Future of Cybersecurity in Automobiles,
21 J. Tech. L. & Pol'y
(2016).
Available at: https://scholarship.law.ufl.edu/jtlp/vol21/iss1/2