By Li Wang – Edited by Henry Thomas
California DMV Discuss Rules on Autonomous Vehicles
The California Department of Motor Vehicles discussed tentative rules to regulate autonomous vehicles. As Fortune reports, Google, as well as several automakers, objected to a rule that would require the maker of a self-driving car to generate and submit a year of driverless testing data before applying for an operating permit. Companies also challenged a rule that would require them to submit sensor data to law enforcement within 24 hours of a request, even without a warrant or a subpoena. On the other side of the debate, Consumer Watchdog argues that the proposed rules lack enforceability and suggests that the National Highway Traffic Safety Administration take the first action toward legalizing the vehicles. The California DMV will continue the discussion of these proposed rules and consider changes in the coming months.
DOJ Release Guidelines on CFAA Prosecutions
The Department of Justice released its 2014 guidelines on prosecuting the US Computer Fraud and Abuse Act (CFAA). DOJ released these guidelines after the American Civil Liberties Union filed a legal challenge on behalf of a group of academic researchers, computer scientists and journalists who wanted to investigate potential discrimination or bias in online algorithms. Although the guidelines list several factors of consideration such as the sensitivity of information accessed, public safety, etc., the vital question on how DOJ defines “unauthorized access” remains largely unaddressed. The guidelines do suggest that DOJ would be more likely to pursue a case with evidence of malicious intent than one involving mere “unauthorized access.” The guidelines also suggest that a mere breach of Terms of Services on websites when accessing data is not sufficient to warrant federal prosecution. The Electronic Frontier Foundation (EFF) argued that the guidelines “demonstrate that the Department of Justice isn’t listening” to the many circuit court decisions narrowing the CFAA.
Illinois Supreme Court Rule in Favor of State Provisions Requiring Disclosure of Online Identities of Sex Offenders
The Illinois Supreme Court ruled last week that a state requirement that sex offenders disclose their Internet identities and websites was not an “overly broad prohibition on anonymous speech” and therefore did not violate the First Amendment. (People v. Minnis, 2016 BL 349231, Ill., No. 119563, 10/20/16). The defendant in this case, Mark Minnis, was charged for not including his Facebook account in a sex offender registration form and moved to dismiss the charge on the basis that the requirement to disclose violated the First Amendment. The Court applied intermediate scrutiny to the issue, reasoning that the speech at issue was content-neutral, and deferred to legislative authority to determine the risk of recidivism among offenders. The Court acknowledged that Federal district courts had found similar registration requirements as First Amendment violations but concluded that those courts “failed to recognize the breadth necessary to protect the public.” The American Civil Liberties Union and EFF filed an amicus brief arguing against the constitutionality of the statute.
Research Shows Concerns for Crucial Infrastructure Information Leaks
Researchers from security firm Trend Micro released a report revealing the alarming prevalence of unsecure messages originating from critical infrastructure participants. Many infrastructure participants use unencrypted, unsecured wireless pagers in automated industrial control systems. Researchers from Trend Micro collected “more than 54 million pages over a four-month span” with low-cost hardware like a “20-dollar dongle”, including alerts from nuclear plants on “nuclear contamination without personal damage.” The researchers also showed how easy it was to inject false messages into the paging systems. The sensitivity of such data and corresponding facilities, juxtaposed with the basic, antiquated system management equipment, indicated to the industries and regulators the urgency of the problems in front of them.
