Autonomous Robots 2

Autonomous Law:
Robots in the Work Place

Dr Adrian McCullagh Ph.D., LL.B. (Hons), B. App. Sc. (Computing)
Principal
ODMOB Lawyers
ajmccullagh57@gmail.com
Agenda
Defining what a Robot is
Robots in the Workplace
Autonomous vehicles
Automatic reverse parking;
Large industrial vehicles in the mining sector
Australian Standards covering this this sector
South Australian Driverless Vehicle trial
What can go wrong?
What policy issues should be investigated
Conclusion
Dr Adrian McCullagh - ajmccullagh57@gmail.com
28 October 2015
What is a Robot?
Defining what a robot is; is not an easy task.
Karel apek wrote a play called Rossums Universal Robots, coining a new
meaning for the word Robot. According to apek robots were mass produced
workers assembled from artificially synthesized organic material.
As Justice Stewart of the US Supreme Court stated in dealing with Pornography:
A similar position arises in trying to define what a robot is.
That is, it is hard to define as there are many intricate aspects but I know a robot when I
see a robot.
I intend to go where the learned Supreme Court Justice did not venture. For this
discussion I will define a robot as:
I shall not today attempt further to define the kinds of material I understand to be
embraced within that shorthand description, and perhaps I could never succeed in
intelligibly doing so. But I know it when I see it, and the motion picture involved in this
case is not that. Jacobellis v. Ohio (No. 11), 378 U.S. 184
Any non biological structure that can autonomously adjust its functionality so
as to accommodate any changes to its external environment.
I am sure that this definition can be criticised and I now intend to briefly do so.
28 October 2015
What is a Robot?
One major criticism, is that its scope is practically unlimited, which can
cause uncertainty.
What are the characteristics on MY ROBOT:
1. Non-Biological Structure
2. Autonomously adjust its functionality
3. Accommodate changes to its external environment.
Non-Biological should not cause to much issue. To be a robot it
should be something that does not involve cell structure as generally
understood. This does not mean that the robot cannot involve
biological processes. Some nanobots may attach themselves to
certain cells in order to function.
Autonomously adjust its functionality:
Does there need to be some form of Artificial Intelligence involved.
28 October 2015
What is a Robot?
Accommodate changes in its external environment.
This requires some form of sensor technology to be involved.
The external stimuli will be processed so that the machine can
automatically adjust its functionality.
For example, in many industrial robots there are sensors built in
to the machine that will cause the machine to stop working in
case of a potential accident. This is particularly so within the car
industry with their high powered automated welding machines.
Anyone walking within a certain distance or crossing the
mandatory barrier will cause the machine to stop, and set off an
alarm.
Should this type of machine be classified as a Robot or does the
machine need to pass the Turing test?
28 October 2015
What is a Robot?
Turing Test (imitation game) 1950.
Turing proposed a parlour game, such that a man and a woman are in
two separate rooms and communicate with an interrogator only by
means of a teletype; A non-face-to-face communication. The
interrogator must correctly identify the man and the woman and, in
order to do so, he can ask any question capable of being
communicated. The man tries to convince the interrogator that he is
the woman, while the woman tries to communicate her real identity.
The imitation game is formed. At some point during the game the
man is replaced by a machine. If the interrogator remains incapable
of distinguishing the machine from the woman, the machine will be
said to have passed the Test and thus the possesses some
intelligence.
It is common place for the automated high powered

welding machines as used in the car manufacturing
industry to be classified as a robot and my definition
above would cover their inclusion.
28 October 2015
What is a Robot?
BUT so could a heart pace-maker or a cochlear bionic
ear or a driverless vehicle.
Of course, the industrial welding machine would not
pass the Turing test but the cochlear bionic ear
certainly fools the brain into thinking that there are
sounds which it can decipher even though the electroimpulses are being transmitted to the brain via the
electronic implant.
Consequently, is the Turing test relevant in order to
classify a machine as a robot?
28 October 2015
In Australia there is only one piece of legislative enactment that

deals with robots.
Regulation 222 (Industrial Robots) of the Work Health and Safety
Regulations 2011 deal with Industrial Robots as follows:.
(1) This section applies to a person with management or control
of an industrial robot or other remotely or automatically
energised plant at a workplace.
(2) The person must not allow or direct a worker to work in the
immediate vicinity of the plant if it could start without warning
and cause a hazard, unless suitable control measures are in
place to control the risks to health and safety.
Maximum penalty60 penalty units.
28 October 2015
An Industrial Robot is defined as follows:
industrial robot means plant that is a

multifunctional manipulator and its controllers,
capable of handling materials, parts or tools, or
specialised devices, through variable programmed
motions for the performance of a variety of tasks.
All that is required is multifunction equipment that is
programmed to perform a variety of tasks. As will be
discussed it may be necessary for the machine to have
presence sensing capability. Thus autonomously
adjusting its functionality through changes in its
environment.
28 October 2015
10

Subsection 3 provides:
If the remote or automatic energising of the plant could lead to
risks to health and safety, the person must ensure that access to
the area in the immediate vicinity of the plant is controlled at all
times
(a) by isolating the area; or
(b) by
(i) providing interlocked guards; or
(ii) if a risk remains, providing presence-sensing devices;
or
(iii) if a risk then remains, providing permit to work systems.
Maximum penalty60 penalty units.
28 October 2015
11

There are nine separate jurisdictions that have
different rates for a penalty unit. Under Federal law
the rate is currently set at $180 whereas in the State
of Queensland it is set at $117.50.
If someone is injured there are other sections that will
increase cumulatively increase the civil penalty unit.
Further, Senior Management can be held personally
accountable under Australian Law.
The next issue is the creation of trust in these
autonomous objects.
28 October 2015
12
Autonomous vehicles
Creating a trusted environment is going to be a major aspect of
autonomous objects where there may be human to robot
interaction.
In Australia the mining sector has advanced the role of
autonomous vehicles substantially, but only on private property.
The second largest global mining company Rio Tinto has
deployed some 65 autonomous driverless trucks/vehicles across
one of its large mining operations in the Pilbara in northern
Western Australia.
None of these vehicles can leave the mine site without human
intervention.
28 October 2015
13
Autonomous vehicles
All vehicles are monitored through a Network Operations
Centre in Perth which is more than 1500 kilometres (1000
miles) away.
Presently, the only human interaction is via remote override
controls by operators housed in the NOC.
If a vehicle breaks down at the mine site then a team of
technicians will attend the mine site but under strict rules.
Further, RIO Tinto has also deployed driverless trains for
shipment to ports for export of the raw material. This also
has occurred in the remote Pilbara region in Western
Australia.
28 October 2015
14
Autonomous vehicles Driverless

RIO Tinto has announced that :
trains
One of its locomotive will be fitted out with auto-haul
technology which will cart iron ore to the port along
the Tom Price railway.
The train will initially be manned to ensure the new

equipment runs smoothly.
Rio Tinto hopes that most of its trains will not require
drivers.
Again this vehicle is travelling on a private railway line
which operates on a private land corridor.
28 October 2015
Autonomous vehicles Driverless

According to press reports Rio Tinto has expended more that $550 million on
trains
autonomous
trains.
Recently, Andrew Harding a senior executive of Rio Tinto explained that:
15
Our automated trucks operate a 50-metre safety bubble and would have
stopped well short of any collision,
Mr Harding was giving a presentation where he showed what happens when
one of their mining trucks collides with a normal 4 wheel drive. It was
crushed. Luckily the driver escaped without injury.
With driverless vehicles according to Mr Harding such accidents will just not
occur.
See RIO TINTO MINING:

https://www.youtube.com/watch?v=s0RCSX95QmE
See ABB robotics for the mining sector:

https://www.youtube.com/watch?v=POqw0rIJe78
28 October 2015
16
Driverless Vehicles
The US National Highway Traffic Safety
Administration (NHTSA) has defined the various
stages of autonomous vehicles as follows:
Level 0: The human driver is in complete control of
all functions of the car.
Level 1: One function is automated, cruse control..
Level 2: More than one function is automated at
the same time (e.g., steering and acceleration), but
the driver must remain constantly attentive.
Mercedes Lane control technology.
28 October 2015
17
Driverless Vehicles
Level 3: The driving functions are sufficiently
automated that the driver can safely engage in
other activities. (reverse parking is a clear
example)
Level 4: The car can drive itself without a human
driver or human intervention.
This definition has been accepted by the South
Australian Government.
It is level 4 that is at present the most exciting
globally not only in the USA but also in Australia.
28 October 2015
18
Driverless Vehicles
Presently the GOOGLE car would be classified as
being at level 3. Basically level 3 allows for human
intervention to override the functionality of the AV.
Autonomous vehicles or better known as Driverless
vehicles are coming to a road nearby, probably a
complete AV will be available in 20 to 30 years time.
Human failings are one of the greatest concerns, not
from the AV but from other drivers on the public road.
28 October 2015
19
South Australian Driverless Vehicle

On September 23 2015, the South Australian Government
trial
introduced to Parliament the Motor Vehicles (Trials of
Automotive Technologies) Amendment Bill 2015.
The current Bill is fairly scant on details. The details are

expected to be included in a set of regulations which have
not yet been published. The relevant Minister must also
publish on the Transport Departments website details of the
authorisation notice which will contain at a minimum:
1. The location of the trial,
2. The period of the trail (start date and end date);
28 October 2015
20

1. Scope of the trial such as type of vehicle utilised, weather
trial
conditions, type of traffic conditions, simulation of city
traffic or rural traffic;
2. Name of person authorised to undertake the traffic.
The relevant vehicle will be exempt from the compulsory
third party vehicle insurance but must have appropriate
public liability insurance. The amount of such insurance has
not yet been determined.
28 October 2015
21

The Transport Minister can revoke or suspend the
Trial
authorisation notice at any time.
Of importance is that it is a criminal offence to interfere

with or hinder the trial.
The rationale for this is that certain groups could want
to cause some disruption of the trial in order to delay
the introduction of this type of technology. Such
groups could include any professional drivers such as
truck drivers (as opposed to trucking companies) and
taxi drivers (as opposed to taxi companies).
The maximum penalty for interfering with a trial is
$10,000.
28 October 2015
22

No prosecution can occur without the consent of the
Trial
Minister for Transport.
The Trial provider has to prepare a report on the trial. It

is expected that 2 reports will be prepared:
A public report; and
A private confidential report.
The public report must be presented to Parliament and
made public on the Transport Departments Web site.
28 October 2015
23
National Highway Traffic Safety Administration

13 October discussion draft Bill was released by 114th
Congress concerning inter alia updates to vehicles and
vehicle technology and to provide greater
transparency, accountability, and safety authority to
the National Highway Traffic Safety Administration,.
The Bill can be located at:
http://
docs.house.gov/meetings/IF/IF17/20151021/104070/BIL
LS-114pih-DiscussionDraftonVehicleandRoadwaySafety.
pdf
28 October 2015
24

TITLE IIIPRIVACY, HACKING PROHIBITION, AND CYBER SECURITY
SEC. 302. MOTOR VEHICLE DATA HACKING.
Hacking a motor vehicle is a criminal offence. BUT what if it is your own vehicle.
For example a University buys a vehicles and hacks it should this be a criminal
offence.
Section 30122 of title 49, United States Code, is amended by adding at

the end the following new subsection
(d) It shall be unlawful for any person to access, without authorization, an
electronic control unit or critical system of a motor vehicle, or other system
containing driving data for such motor vehicle, either wirelessly or through a
wired connection.
CRITICAL SYSTEM.The term critical system means software, firmware, or
hardware located within or on a motor vehicle that, if accessed without
authorization, can affect the movement of the vehicle.
Max Penalty of $100,000 per vehicle affected.
.
28 October 2015
25

Pursuant to 30701. a Automotive Cybersecurity Advisory
Council must be established within 12 months from date of
enactment of chapter:
The council will comprise:
A defence member;
NHSTA member;
NIST member;
And members from Manufacturers who process more than 20,000

vehicles per year.
Further the committee members must comprise more than 50 % from

manufacturers.
28 October 2015
26
Section 30122 of title 49, United States Code, is amended by

adding at the end the following new subsection
(d) It shall be unlawful for any person to access, without authorization,
an electronic control unit or critical system of a motor vehicle, or other
system containing driving data for such motor vehicle, either wirelessly
or through a wired connection.
Further definitions for the section:
CRITICAL SYSTEM.The term critical system means software,

firmware, or hardware located within or on a motor vehicle that, if
accessed without authorization, can affect the movement of the
vehicle.
Max Penalty of $100,000 per vehicle affected.
Pursuant to 30701. a Automotive Cybersecurity Advisory Council

must be established within 12 months from date of enactment of
chapter.
28 October 2015
27

advanced automotive technology means any vehicle
information system, unit, device, or technology that meets
any applicable performance metric and demonstrates crash
avoidance or congestion mitigation benefits such as any of
the following technologies:
(A) Forward collision warning.
(B) Adaptive brake assist.
(C) Autonomous emergency braking.
(D) Adaptive cruise control.
(E) Lane departure warnings.
(F) Lane keeping assistance.
(G) Driver attention monitor.
(H) Left turn assist.
(I) Intersection movement assist.
28 October 2015
28
What Can Go Right?

The RAND CORPORTATION in late 2014 published an
extensive report dealing with Autonomous Vehicles (AVs)
and in particular driverless vehicles on public roads.
The report can be found here:
http://www.rand.org/pubs/research_reports/RR443-1.html
28 October 2015
29
What Can Go Right?

Further a CMU student report which though not a
definitive report from CMU does have some very
interesting observations concerning the policy issues
involving AVs.
This report is located at:
www.cmu.edu/epp/people/faculty/course-reports
/Autonomous Car Final Report.pdf
28 October 2015
30
What Can Go Right?

The Rand report identified that
In general, robotic systems, including AVs, use a senseplan-act design. In order to sense the environment, AVs
use a combination of sensors, including LIDAR (light
detection and ranging), radar, cameras, ultrasonic, and
infrared. A suite of sensors in combination can complement
one another and make up for any weaknesses in any one
kind of sensor.
The report went to state:
While robotic systems are very good at collecting data
about the environment, making sense of that data remains
probably the hardest part of developing an ultra-reliable
DrAV.
Adrian McCullagh - ajmccullagh57@gmail.com
28 October 2015
31
What can go right?

If the technology does become ultra reliable then it is
expected that there will be a reduction in accidents
which could remove the requirement of the current
compulsory motor vehicle Insurance policies.
Instead it is expected that manufacturers product
liability insurance will become the prominent
insurance policy for AVs.
28
October
2015
32
What can go wrong

Caveat: IT IS NOT POSSIBLE TO COVER THIS
FIELD IN FULL
It is the last part that is important Building an ULTRARELIABLE AV.
This will greatly depend on
processing speed of chips;
new algorithms to process real-time data in rapid
timeframes
New algorithms dealing with pattern recognition
and environmental changes like sunny days
compared to blizzard days.
28 October 2015
33
What can go wrong

It is likely that the AV will rely upon multiple
technologies such as GPS and Inertial Navigation
Systems (INS).
Unfortunately these systems can be somewhat
inaccurate by up to 1 meter.
Think of one meter when traveling at 60 MPH.
28 October 2015
34
What can go wrong

Further what happens if there is a conflict between the
technologies. How will the system resolve such conflicts.
Hacking into one or more of the safety critical systems.
For example: Security researcher Jonathan Petit claims to
be able to hack the multi-thousand-dollar laser ranging
LIDAR systems that self-driving cars rely on.
http://
spectrum.ieee.org/cars-that-think/transportation/self-driving/re
searcher-hacks-selfdriving-car-sensors
ALSO See:
https
://www.youtube.com/watch?v=k5E28fp4oc0&feature=youtu.be
28 October 2015
35
What can go wrong

Software upgrades could be an issue. The AV is a
member of the Internet of Things environment and as
such security must be a high priority. Is this a prime
example where over engineering should be
mandatory.
Maybe this is where whitelists should be deployed
instead of blacklist deployment. Blacklists are and will
always be in catch-up mode
28 October 2015
36
What can go wrong

Changed environmental conditions creates an overly
cautious AV that creates an unsafe condition for other
drivers.
Decision in no win scenarios. Remember ASIMOVs three
laws of robotics:
A robot may not injure a human being or, through
inaction, allow a human being to come to harm.
A robot must obey orders given it by human beings
except where such orders would conflict with the First
Law.
A robot must protect its own existence as long as such
protection does not conflict with the First or Second Law.
28 October 2015
37
What can go wrong

A scenario where the situation causes a decision in a
no win situation whereby any reaction to the situation
will cause injury to a human. Conflict resolution as to
whether:
Hit person A; or
Hit person B; or
Injure the passenger.
28 October 2015
38
What can go wrong

Road Rage: how will other drivers deal with strict
compliance with the AVs interpretation of the road
rules. Does the rage perpetrator attack the car or the
passenger?
How does an AV deal with emergency service
vehicles. It will need frequency sensors to identify
emergency vehicles that have by law right of way.
What happens if there is an electrical fault with the
vehicle like a burnt out fuse. Does there need to be
inbuilt redundancy in the fuse structure.
28 October 2015
39

Key policy issues are:
How, if at all, should the use of AVs be regulated, and at what level?
What kinds of vehicles should be allowed on the road, and who is
allowed to operate/travel in them?
For example:
Blind people,
Children (should there be an age restriction).
Should there be a restriction on who can start an AV?

For example some bio-metric activation mechanism. (voice control -siri)
How should the safety of AVs be tested, and by whom? To what safety
standards should AVs be held?
Since Safety Critical Software is involved how should that be certified?
28 October 2015
40

Key Issues Continued:
How might different liability regimes shape the timely and safe
adoption of AVs, and what are the tradeoffs? Under what conditions
would limitations on tort liability be appropriate?
What are the implications of a patchwork of state-by-state laws and
regulations, and what are the tradeoffs in harmonizing these
policies?
Australia only has 9 separate jurisdictions, this is miniscule to that of
the USA or Europe.
To what extent should policymakers encourage the adoption of AVs;

e.g., through smart road infrastructure, dedicated highway lanes,
manufacturer or consumer incentives?
With Software upgrades what security structure should be imposed?
28 October 2015
41

Key Issues Continued:
For example: digitally signed updates;
Tamper resistant and tamper evident hardware to
store the safety critical software (eg: FIPS 140 2
Level 3 certification)?
Should White-listed software only be capable of
operating the vehicle?
28 October 2015
42

Should uploads of any software be IP address to IP
address restricted?
Should the operator of the upload also have to
authenticate him/her self to the machine through
some smart device (2 factor authentication).
28 October 2015
43

What awareness programs for the general public
needs to be undertaken. There will obviously be a
slow uptake/gradual uptake of AVs so should all
AVs on public roads clearly state that they are an
AV. The rationale for this is that AVs will
meticulously follow road rules as opposed to
humans who have been known to take liberties
with such rules.
28 October 2015
44
Conclusion
In Australia there is only one law that deals with Robots and
it only deals with so called industrial robots. (Regulation 222
of the Work Health and Safety Regulations 2012)
The mining industry is probably the most advanced sector in
the deployment of robots through the deployment of
driverless transport vehicles such as heavy duty trucks or
trains.
The South Australian Government on 23 September 2015
has introduced into the Parliament a Bill which if passed will
allow the first driverless vehicles to be operated on public
roads even though in a controlled setting.
28 October 2015
45
Conclusion
There are a number of unresolved issues, such as:
Liability frameworks,
Security frameworks remember that this technology forms part of a
larger environment encompassing IoT;
Over ride mechanisms for human to machine interactions;
Cultural acceptance by non-driverless vehicles operators.
Social Acceptance by the general public per se.
As MIT Professor David Mindell in his book Our Robots, Ourselves
notes that the advancement of autonomous vehicles (on public roads)
will be incremental at best and level 4 under the NHTSA scale is
unlikely to ever be achieved. (published 13 October 2015)
Only Time will Tell
28 October 2015

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Autonomous Law:

Robots in the Work Place

Defining what a robot is; is not an easy task.

As Justice Stewart of the US Supreme Court stated in dealing with Pornography:

A similar position arises in trying to define what a robot is.

Turing Test (imitation game) 1950.

It is common place for the automated high powered

Dr Adrian McCullagh - ajmccullagh57@gmail.com

Robots in the Work Place

In Australia there is only one piece of legislative enactment that

Dr Adrian McCullagh - ajmccullagh57@gmail.com

Robots in the Work Place

An Industrial Robot is defined as follows:

industrial robot means plant that is a

Robots in the Workplace

Robots in the Workplace

Dr Adrian McCullagh - ajmccullagh57@gmail.com

Autonomous vehicles Driverless

The train will initially be manned to ensure the new

Dr Adrian McCullagh - ajmccullagh57@gmail.com

Autonomous vehicles Driverless

Recently, Andrew Harding a senior executive of Rio Tinto explained that:

See RIO TINTO MINING:

See ABB robotics for the mining sector:

Dr Adrian McCullagh - ajmccullagh57@gmail.com

South Australian Driverless Vehicle

The current Bill is fairly scant on details. The details are

Dr Adrian McCullagh - ajmccullagh57@gmail.com

South Australian Driverless Vehicle

Dr Adrian McCullagh - ajmccullagh57@gmail.com

South Australian Driverless Vehicle

Of importance is that it is a criminal offence to interfere

South Australian Driverless Vehicle

The Trial provider has to prepare a report on the trial. It

Dr Adrian McCullagh - ajmccullagh57@gmail.com

National Highway Traffic Safety Administration

Dr Adrian McCullagh - ajmccullagh57@gmail.com

National Highway Traffic Safety Administration

SEC. 302. MOTOR VEHICLE DATA HACKING.

Section 30122 of title 49, United States Code, is amended by adding at

National Highway Traffic Safety Administration

And members from Manufacturers who process more than 20,000

Further the committee members must comprise more than 50 % from

Dr Adrian McCullagh - ajmccullagh57@gmail.com

National Highway Traffic Safety Administration

Section 30122 of title 49, United States Code, is amended by

Further definitions for the section:

CRITICAL SYSTEM.The term critical system means software,

Max Penalty of $100,000 per vehicle affected.

Pursuant to 30701. a Automotive Cybersecurity Advisory Council

National Highway Traffic Safety Administration

What Can Go Right?

Dr Adrian McCullagh - ajmccullagh57@gmail.com

What Can Go Right?

Dr Adrian McCullagh - ajmccullagh57@gmail.com

What Can Go Right?

What can go right?

Dr Adrian McCullagh - ajmccullagh57@gmail.com

What can go wrong

What can go wrong

Dr Adrian McCullagh - ajmccullagh57@gmail.com

What can go wrong

What can go wrong

Dr Adrian McCullagh - ajmccullagh57@gmail.com