CHANNON, Matthew and MARSON, James (2021). The Liability for Cybersecurity Breaches of Connected and Autonomous Vehicles. Computer Law and Security Review: the International Journal of Technology Law and Practice, 43.
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29083:593622
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Marson-LiabilityCybersecurityBreaches(AM).pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.
Marson-LiabilityCybersecurityBreaches(AM).pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.
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Abstract
Connected and autonomous vehicle (CAV) use, having been tested in various cities around the world
and adopted in many areas through public transport, is being prepared for private sector use. The
connected dimension of CAV provides for the vehicle to communicate with other vehicles and local
infrastructure to operate in a safe manner. Yet, it is this communication of data and operation through
software which causes potential problems in the event of the software suffering from unlawful
modification (hacking). The consequences of a CAV being hacked could result in its features being
compromised resulting in accidents, damage, financial loss, deaths and personal injury. It is also
likely that hacking will affect fleets of vehicles operating on the same software version rather than
individual vehicles. In this paper we argue there is a need for a strategy to determine how
responsibility for the damage and loss caused following the mass hacking of CAVs is to be
apportioned. This discussion is presently missing in the evolving literature on CAV maturity and we
conclude that a national compensatory body offering a guarantee fund from which victims may seek
redress would provide the most appropriate solution for all stakeholders.
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