A court may decide whether Waymo's business interests outweigh the public's right to understand the safety issues around self-driving cars
Waymo, the driverless car company operating an autonomous taxi fleet in San Francisco, is suing the California Department of Motor Vehicles. The immediate issue: whether the company, owned by Google parent Alphabet Inc., can hide from the public safety-related information by designating it as a trade secret.
The permit was issued last year. Waymo is focusing on San Francisco, where, for the time being, its robotaxis operate under the supervision of trained human drivers.The wider issue: how to handle the explosion in trade secret claims in an age of artificial intelligence, robot technology, the internet of things and pervasive data collection.
Whoever asked for the material then challenged the blackouts. According to the lawsuit, the DMV contacted Waymo and invited the company to sue the agency. In effect, the DMV is shifting responsibility to the court to determine what’s a trade secret, what’s not, and what balance should be struck between corporate claims and public interest. It can take years to resolve such lawsuits. Therefore, if any of the redacted material is made public, it probably won’t be soon.Punting to the courts is understandable, said Sharon Sandeen, a law professor and director of the Intellectual Property Institute at Mitchell Hamline School of Law in St. Paul, Minn.
Sandeen said she is in no way opposed to protecting true trade secrets. Few lawyers dispute the idea that a legitimate trade secret should be protected by law. But trade-secret cases haveeven as companies collect enormous amounts of data on the public, information they consider their own business property, leading critics to ask whether their trade-secret claims are overbroad and intentionally exaggerated.
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