Innovative technologies and the deepening regulatory capture of law enforcement agencies: The Uber Herzberg case study

Helen Stamp

    Research output: Contribution to specialist publicationArticle in specialist publicationpeer-review

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    Abstract

    The extensive wealth, size and impact of Big Tech firms is well known. Less well known are their honed capabilities in permeating and exerting influence over State agencies. This conditioning behaviour assists Big Tech in maintaining permissive regulatory environments where innovative technologies can be developed with low risk of sanction when these technologies cause harm.

    This paper will analyse the influence of Uber in the Tempe Police investigation, and subsequent prosecution, following the now-infamous fatal 2018 collision between an autonomous Uber vehicle and pedestrian Elaine Herzberg in Arizona. This important case study will examine how a weak federal regulatory regime for autonomous vehicles and the sidelining of technical expertise enabled Uber’s influence, and allowed Uber to escape criminal liability for this collision. Acknowledging this influence, and strengthening the technical expertise available to State agencies investigating innovative technologies, will assist in addressing inappropriate influence and maintaining the legitimacy of State agencies. 
    Original languageEnglish
    Pages70-113
    Number of pages43
    Volume5
    No.1
    Specialist publicationNotre Dame Journal on Emerging Technologies
    Publication statusPublished - Dec 2023

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