1	"Dana Sade" Dana Sade Senior Counsel NHTSA Office of the Chief Counsel Dana.Sade@Dot.gov
2	Legal Policy Subgroup Membership Scope Status of Activities Plan for Stakeholder Input Projected Outcomes
3	Legal/Policy Subgroup: Membership Experienced lawyers and policy analysts NHTSA, FHWA, RITA, FMCSA, FTA DOT Offices of the General Counsel and CIO DOT Privacy Officer
4	Legal/Policy Subgroup: Tasks Identify/analyze critical legal and policy issues stemming from a Connected Vehicle Environment Perform/overseeing legal and policy research Consult with stakeholders Provide recommendations to the Senior Policy Task Force
5	Legal Policy Subgroup: Scope of Analysis U.S. DOT Authority Privacy Liability/Risk Sharing Intellectual Property Data Ownership/Access Antitrust/Spectrum
6	Legal Policy Subgroup: Status of Work Commenced Fall 2011 Authority analysis nearing completion Other areas underway Need stakeholder input Liability/Risk Sharing IP Issues Data
7	Lawyerly Disclaimer Much of the Subgroup’s work is pre-decisional and deliberative work product No short term plan to release our written work product in advance of DOT’s upcoming internal decisional milestones Committed to consulting with stakeholders and keeping you informed as our work progresses A determination that DOT has certain authority does NOT mean that we will/should exercise that authority
8	Legal Policy Subgroup: U.S. DOT Authority Current legal authority relevant to implementation of a connected vehicle environment Authority to: regulate, fund, build, operate, oversee and/or otherwise influence the equipment, infrastructure, technologies, organizations, regulations, standards, certifications and protocols required for V2V/V2I communications
9	Legal Policy Subgroup: U.S. DOT Authority Each modal administration performed a comprehensive analysis of its own authority as it relates to the connected vehicle environment OGC analyzed the Department’s general ITS authority OGC/NHTSA analyzed relevant authority of the FCC and NTIA
10	Legal Policy Subgroup: U.S. DOT Authority Authority analysis will inform how the Senior Policy Task Force addresses a critical issue facing the Department: who will build and operate the infrastructure necessary for a connected vehicle environment, including the security network required for trusted V2V communications? Security network: both the organization components and communication infrastructure
11	Legal Policy Subgroup: U.S. DOT Authority DOT has sufficient current legal authority to support implementation of many critical aspects of a connected vehicle environment, including the security network, based on: The broad regulatory authority of NHTSA and FMCSA FHWA, FMCSA and FTA grant programs that provide incentives to States to install maintain and, in some cases, operate connected vehicle infrastructure
12	Legal Policy Subgroup: U.S. DOT Authority DOT does not have sufficient legal authority to require States or local governments to build or maintain some of the critical roadside infrastructure that supports a connected vehicle environment, including the DSRC enabled traffic controllers FHWA does not have authority to mandate expenditure of State or local funds for connected vehicle infrastructure
13	Legal Policy Subgroup: NHTSA Authority Direct broad regulatory authority over the equipment that goes into new motor vehicles, including commercial and transit motor vehicles Retrofit authority that is coextensive with the scope of FMCSA’s regulatory authority, which encompasses most commercial motor vehicles in interstate commerce
14	Legal Policy Subgroup: NHTSA Authority Under the National Traffic and Motor Vehicle Safety Act of 1966, NHTSA’s regulatory authority would extend to: On-Board V2V Equipment (OBE)(originally manufactured and sold with the vehicle) Aftermarket Safety Devices (ASDs) integrated into a motor vehicles Many Nomadic ASDs, including those used for traffic safety purposes
15	Legal Policy Subgroup: NHTSA Authority Software updates for Motor Vehicles, including to OBE modules Vehicle software/applications, including those on nomadic devices (e.g., remote unlock or start) Software/applications related to Traffic Safety, including those on nomadic devices (e.g., V2V or V2I safety applications) Electronic Messages: The content, format, security protocol and communications standards applicable to electronic V2V/V2I messages sent or received/accepted by motor vehicle equipment within a motor vehicle
16	Legal Policy Subgroup: NHTSA Authority A security network needs to exist in order for V2V technology to function securely and provide safety benefits -- for this reason, it must be in place concurrent with the effective date of any NHTSA FMVSS mandating V2V equipment in motor vehicles. On that basis, NHTSA would have inherent authority to ensure that the critical security infrastructure required for trusted V2V communications exists We believe this could be accomplished through a contract to procure the build out and operation of this critical infrastructure on a for-cost, shared- cost or no-cost basis. The National Traffic and Motor Vehicle Safety Act of 1966 provides additional support for NHTSA’s authority to ensure the existence of this critical infrastructure concurrent with a V2V rulemaking