
Bryant Walker Smith is a fellow at the Center for Internet and Society at Stanford Law School, a fellow at the Center for Automotive Research at Stanford (CARS), and a lecturer in law at Stanford Law School who writes, speaks, and teaches on the legal and policy aspects of increasing automation. He is a member of the New York Bar and a former transportation engineer who has worked on infrastructure issues in the United States and throughout Europe. Bryant also chairs the Emerging Technology Law Committee of the Transportation Research Board of the National Academies and the planning task force for SAE International's On-Road Automated Vehicle Standards Committee. Prior to joining Stanford, he clerked for the Honorable Evan J. Wallach at the United States Court of International Trade. Bryant holds an LL.M. in international legal studies and a J.D. (cum laude) from New York University School of Law in addition to a B.S. in civil engineering from the University of Wisconsin.
Bryant designed and taught the first-ever course on the legal aspects of autonomous driving, frequently lectures in both law and engineering courses, and routinely presents at major conferences, including the Transportation Research Board Annual Meeting, the Driverless Car Summit, and We Robot. This summer he will also welcome the Transportation Research Board's Vehicle Automation Workshop to Stanford. His white paper on the legality of self-driving vehicles and his law review article on managing autonomous travel demand were recently released, his autonomous driving blog is read within industry and government, and he is regularly interviewed for national media. Bryant's legal research addresses questions of authority, uncertainty, and boundary in disciplines ranging from tort law to administrative law to international economic law.
Uncertain Liability
By Bryant Walker Smith • May 27, 2013 at 5:25 pm
"Will lawsuits kill the autonomous car?" That's a dramatic expression of a common question. (And one to which Twitter has a short retort.) Here’s the conceptual answer that I’ve been giving for a year, now in blog form (with bonus Italics). Read more » about Uncertain Liability
Automated Vehicles are Probably Legal in the United States
By Bryant Walker Smith • April 15, 2013 at 11:58 am
A Self-Driving Crash Test
By Bryant Walker Smith • July 31, 2012 at 1:58 pm
In honor of anyone who just took a bar exam, here's the wholly hypothetical scenario I used at last week's excellent multidiscliplinary workshop on road vehicle automation (with slight modifications): Read more » about A Self-Driving Crash Test
Stanford Students: Fall 2012 Course on the Law of Autonomous Driving
By Bryant Walker Smith • July 10, 2012 at 6:16 pm
A century later, driverless cars and trucks have the potential to revolutionize society as much as the horseless carriages that preceded them. This emerging technology raises important questions -- about legality and liability, privacy and security, even intellectual property and land use -- that demand thoughtful analysis from a variety of perspectives. For these reasons, I am excited to be teaching an inaugural seminar on the legal aspects of autonomous driving. This Fall 2012 course is open to Stanford University students who want to meaningfully advance that analysis. Law students should preregister by this Friday, July 13th, 2012; others should follow these steps. Read more » about Stanford Students: Fall 2012 Course on the Law of Autonomous Driving
Amendments to California's Autonomous Driving Bill
By Bryant Walker Smith • June 20, 2012 at 7:06 am
California's autonomous driving bill (SB 1298) has undergone further amendment. Two observations: Read more » about Amendments to California's Autonomous Driving Bill
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How Do You Ticket a Driverless Car?
Ever since the 1930s, self-driving cars have been just 20 years away. Many of those earlier visions, however, depended on changes to physical infrastructure that never came about, such as special roads embedded with magnets. Read more » about How Do You Ticket a Driverless Car?
Managing Autonomous Transportation Demand
“Today we are well underway to a solution of the traffic problem.”1 This claim, made by Robert Moses in 1948, is as true today as it was then. Which is to say, not at all. In the middle of the last century, the preferred solution to “the traffic problem” was more cement: new highways, bridges, and lanes. Read more » about Managing Autonomous Transportation Demand
Automated Vehicles are Probably Legal in the United States
Now available in hardcopy and for Kindle (with hyperlinks).
This paper provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle’s steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the paper, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. Read more » about Automated Vehicles are Probably Legal in the United States
Language, legality and liability
Bryant Walker Smith and Tom Gasser address the legal complexities that could threaten to bedevil the automated vehicle program.
Read the full article in Thinking Highways North American Edition. Read more » about Language, legality and liability
Water as a Public Good: The Status of Water Under the General Agreement on Tariffs and Trade
Is water a "product" subject to the World Trade Organization (WTO)’s General Agreement on Tariffs and Trade (GATT)? I argue that it is not, because the established, widespread, and consistent assertion by states of public ownership over their water resources through both municipal and international law (the "public-ownership consensus") precludes any reading of GATT that would fundamentally alter the unique status of those resources. Read more » about Water as a Public Good: The Status of Water Under the General Agreement on Tariffs and Trade
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What driverless car entrepreneurs can learn from the aviation industry
"‘The biggest legal question is the fact that there are questions,’ says Bryant Walker Smith, a fellow at the Centre for Internet and Society at Stanford University Law School." Read more » about What driverless car entrepreneurs can learn from the aviation industry
Roadmap for Driverless Cars: Five Highlights
"Bryant Walker Smith, a lecturer at Stanford Law School who studies driverless vehicles, said there’s still no consensus on how we’ll know these cars are safe enough. Should it be as safe as the average driver or better? “NHTSA’s research will, I hope, help address these questions,” he said." Read more » about Roadmap for Driverless Cars: Five Highlights
Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Editio
"In a November 2012 study, “Automated Vehicles are Probably Legal in the United States,” Stanford researcher Bryant Walker Smith analyzed the legal issues surrounding autonomous vehicles and concluded that since they aren’t explicitly addressed, the law does not prohibit their use." Read more » about Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Editio
Tomorrow's World
Bryant Walker Smith's paper Automated Vehicles are Probably Legal in the United States is mentioned in this article. Read more » about Tomorrow's World
Will lawsuits kill the autonomous car?
"But Bryant Smith, a resident fellow at the Stanford Center for Internet and Society, questioned whether it was "appropriate to have a federal legislative response" to liability issues surrounding autonomous cars."
"University of Washington law school professor Ryan Calo proposed extending selective immunity to robot manufacturers, similar to the way Congress has provided similar protection to firearm manufacturers. Calo suggested that immunity would apply only when "it is clear that the robot was under the control of the consumer."" Read more » about Will lawsuits kill the autonomous car?
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How an (Autonomous Driving) Bill Becomes Law (Past Event)
Come hear the story of an extraordinary new law from the people who made it happen. Two years ago, no state legislature had even contemplated self-driving cars. Now, three states have passed legislation, several more are considering it, and Nevada's DMV has issued the world's first autonomous vehicle test plates to Google. What happened? The answer reveals how the legislative and regulatory process actually works -- and provides important lessons to others that may follow Nevada's path. Join Nevada's Assembly transportation chair and DMV director, Google's Nevada lobbyist, and others for a candid discussion of the recent past and the not-so-distant future. Read more » about How an (Autonomous Driving) Bill Becomes Law
Meet the Center for Internet and Society 2012 (Past Event)
Come meet CIS and hear about our exciting work and ways to get involved. Read more » about Meet the Center for Internet and Society 2012
Self Driving Cars, Neighborhood Electrics, and the Future of Auto-mobility (Past Event)
In 2007, four out of eleven cars finished a 61 mile urban simulation course for the DARPA Urban Challenge obeying all traffic signals and lane markings without human intervention. In 2010, Google researchers announced that they had logged over 1,000 miles with no human intervention, and 140,000 miles with minimal intervention in a specially equipped Prius. Currently car manufacturers such as Lexus, Mercedes Benz, and Volvo are introducing self-driving features such as self-parking, radar enabled adaptive cruise control, and automatic collision avoidance. Read more » about Self Driving Cars, Neighborhood Electrics, and the Future of Auto-mobility
Future of Road Vehicle Automation (Past Event)
There has been a significant upsurge of activity related to road vehicle automation within the past year, notably Google’s announcement of their work on this topic, as well as vehicle development activities from several major automotive companies and actively funded public sector-sponsored projects in Europe and Japan. There is need for a broad-based update on the current state of the art and practice in road vehicle automation and consideration of future research needs. Read more » about Future of Road Vehicle Automation
Understanding the Legal Issues of Driverless Car Integration (Past Event)
Silicon Valley Chapter of Association for Unmanned Systems International Bryant Walker Smith will give a presentation on autonomous automobiles from a legal perspective. We will also be joined by AUVSI Foundation Executive Director, Daryl Davidson, who will discuss the foundation and current and future projects. If you plan on attending the meeting, contact svcauvsi@gmail.com by Wednesday, May 30 at 5 pm so that we can provide adequate refreshments. We welcome all who are interested to attend. Read more » about Understanding the Legal Issues of Driverless Car Integration
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New York Times Energy for Tomorrow Conference Breakfast Session
April 26, 2013
Connected Vehicles
March 28, 2013
The 4th Positive Thinking webcast broadcasted originally on March 28, 2013. Read more » about Connected Vehicles
How an (Autonomous Driving) Bill Becomes Law (Audio)
November 13, 2012
An Oral History of Nevada's Groundbreaking Regulation of Self-Driving Vehicles Read more » about How an (Autonomous Driving) Bill Becomes Law (Audio)
How an (Autonomous Driving) Bill Becomes Law (Video)
November 13, 2012
An Oral History of Nevada's Groundbreaking Regulation of Self-Driving Vehicles Read more » about How an (Autonomous Driving) Bill Becomes Law (Video)
CA Governor Brown Signs SB1298 (Autonomous Vehicles)
September 26, 2012
California Governor Edmund G. "Jerry" Brown Jr. visits the Google Headquarters on September 24th, 2012 to sign SB1298, a bill that creates a legal framework and operational safety standards for the testing and operation of autonomous vehicles on state roads and highways. Read more » about CA Governor Brown Signs SB1298 (Autonomous Vehicles)
