{"title":"对联网和自动驾驶汽车(CAV)的监管是一个棘手的问题吗?","authors":"Amy Dunphy","doi":"10.1016/j.clsr.2024.105944","DOIUrl":null,"url":null,"abstract":"<div><p>The anticipated public deployment of highly connected and automated vehicles (‘CAVs’) has the potential to introduce a range of complex regulatory challenges because of the novel and expansive way that data is generated, used, collected and shared by CAVs. Regulators within Australia and internationally are facing the complex task of developing rules and regulations to meet these challenges against the backdrop of continuing uncertainty about the ultimate form of CAVs and the timeframe for their introduction. This paper undertakes a novel examination of whether the regulation of high level CAVs and their associated data will constitute a ‘wicked problem’. The wicked problem framework provides a valuable lens through which to examine difficult issues that are faced by regulators and, in turn, to aid in developing regulatory responses and to navigate such issues. A new four quadrant framework is developed and applied. It draws on and expands the seminal work on wicked problems by Rittel and Webber, and Alford and Head. The framework is used to critically reflect on whether CAVs are a ‘wicked problem’, and, if so, what might be the potential consequences for policy and regulatory development involving the data environment. This paper considers whether evaluating the ‘wickedness’ of a problem is a useful exercise for regulators, and the potential impact on developing novel approaches to regulatory responses.</p></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":null,"pages":null},"PeriodicalIF":3.3000,"publicationDate":"2024-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0267364924000116/pdfft?md5=5aa65af607c54254006825d18dd5a56d&pid=1-s2.0-S0267364924000116-main.pdf","citationCount":"0","resultStr":"{\"title\":\"Is the regulation of connected and automated vehicles (CAVs) a wicked problem and why does it matter?\",\"authors\":\"Amy Dunphy\",\"doi\":\"10.1016/j.clsr.2024.105944\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>The anticipated public deployment of highly connected and automated vehicles (‘CAVs’) has the potential to introduce a range of complex regulatory challenges because of the novel and expansive way that data is generated, used, collected and shared by CAVs. Regulators within Australia and internationally are facing the complex task of developing rules and regulations to meet these challenges against the backdrop of continuing uncertainty about the ultimate form of CAVs and the timeframe for their introduction. This paper undertakes a novel examination of whether the regulation of high level CAVs and their associated data will constitute a ‘wicked problem’. The wicked problem framework provides a valuable lens through which to examine difficult issues that are faced by regulators and, in turn, to aid in developing regulatory responses and to navigate such issues. A new four quadrant framework is developed and applied. It draws on and expands the seminal work on wicked problems by Rittel and Webber, and Alford and Head. The framework is used to critically reflect on whether CAVs are a ‘wicked problem’, and, if so, what might be the potential consequences for policy and regulatory development involving the data environment. This paper considers whether evaluating the ‘wickedness’ of a problem is a useful exercise for regulators, and the potential impact on developing novel approaches to regulatory responses.</p></div>\",\"PeriodicalId\":51516,\"journal\":{\"name\":\"Computer Law & Security Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":3.3000,\"publicationDate\":\"2024-02-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.sciencedirect.com/science/article/pii/S0267364924000116/pdfft?md5=5aa65af607c54254006825d18dd5a56d&pid=1-s2.0-S0267364924000116-main.pdf\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Computer Law & Security Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0267364924000116\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Computer Law & Security Review","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0267364924000116","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Is the regulation of connected and automated vehicles (CAVs) a wicked problem and why does it matter?
The anticipated public deployment of highly connected and automated vehicles (‘CAVs’) has the potential to introduce a range of complex regulatory challenges because of the novel and expansive way that data is generated, used, collected and shared by CAVs. Regulators within Australia and internationally are facing the complex task of developing rules and regulations to meet these challenges against the backdrop of continuing uncertainty about the ultimate form of CAVs and the timeframe for their introduction. This paper undertakes a novel examination of whether the regulation of high level CAVs and their associated data will constitute a ‘wicked problem’. The wicked problem framework provides a valuable lens through which to examine difficult issues that are faced by regulators and, in turn, to aid in developing regulatory responses and to navigate such issues. A new four quadrant framework is developed and applied. It draws on and expands the seminal work on wicked problems by Rittel and Webber, and Alford and Head. The framework is used to critically reflect on whether CAVs are a ‘wicked problem’, and, if so, what might be the potential consequences for policy and regulatory development involving the data environment. This paper considers whether evaluating the ‘wickedness’ of a problem is a useful exercise for regulators, and the potential impact on developing novel approaches to regulatory responses.
期刊介绍:
CLSR publishes refereed academic and practitioner papers on topics such as Web 2.0, IT security, Identity management, ID cards, RFID, interference with privacy, Internet law, telecoms regulation, online broadcasting, intellectual property, software law, e-commerce, outsourcing, data protection, EU policy, freedom of information, computer security and many other topics. In addition it provides a regular update on European Union developments, national news from more than 20 jurisdictions in both Europe and the Pacific Rim. It is looking for papers within the subject area that display good quality legal analysis and new lines of legal thought or policy development that go beyond mere description of the subject area, however accurate that may be.