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February 23, 2022 10:40 pm

Waymo To Keep Robotaxi Safety Details Secret, Court Rules

An anonymous reader quotes a report from TechCrunch: Waymo, the autonomous driving arm of Alphabet, was granted a win on Tuesday when a California court ruled it could keep certain details regarding its AV technology secret. The company filed a lawsuit against the California Department of Motor Vehicles in late January in order to keep some information about its autonomous vehicle deployment permit, as well as emails between the DMV and the company, redacted from a public record request, which was originally filed by an undisclosed third party. The ruling by the California Superior Court, Sacramento could set a precedent for broader trade secret protection, at least in the autonomous vehicle industry, involving public access to information that has to do with public safety, but which businesses claim contain trade secrets. In its lawsuit, Waymo argued being forced to reveal trade secrets would undermine its investments into automated driving technology and have a "chilling effect across the industry" where the DMV is no longer a safe space for companies to transparently share information about their tech. "We're pleased that the court reached the right decision in granting Waymo's request for a preliminary injunction, precluding the disclosure of competitively-sensitive trade secrets that Waymo had included in the permit application it submitted to the CA DMV," a Waymo spokesperson told TechCrunch. "We will continue to openly share safety and other data on our autonomous driving technology and operations, while recognizing that detailed technical information we share with regulators is not always appropriate for sharing with the public." [...] "These R&D efforts take many years and an enormous financial investment," reads Waymo's declaration shared with the court. "Waymo's AV development began as part of Google in 2009 before Waymo became its own company in 2016; therefore, Waymo's AVs have been in development for more than 12 years. Waymo has invested truly significant amounts researching and developing its AV products." It is difficult, however, to determine whether or not the information actually contains trade secrets without being able to see any of it. "The question is, can the company derive economic value purely from not sharing that information with others?" Matthew Wansley, former general counsel of nuTonomy (which Aptiv acquired) and a law professor at Yeshiva University's Cardozo School of Law in New York, told TechCrunch. [...] "I looked through the complaint that Waymo filed, and the categories of information they're talking about are pretty broad," said Wansley. "Are there trade secrets in that set of information that they sent? Probably, there are some. Does it include all of the information they sent? Almost certainly not. The only thing that would surprise me is if everything they're claiming is a trade secret is actually a trade secret. But without knowing the specific information that they share with regulators, it's just hard to know." And now the public will never know. In an effort to assuage any fears about its technology, the report notes that Waymo "has submitted a safety self-assessment to the U.S. Department of Transportation, and is publishing a law enforcement interaction guide and a detailed description of its safety methodologies."

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