5 - Robots, Regulation, and the Changing Nature of Public Space

Summary

Robots are an increasingly common feature in public spaces. From regulations permitting broader drone use in public airspace, and autonomous vehicle testing on public roads, to laws permitting or restricting the presence of delivery robots on sidewalks – law often precipitates the introduction of new robotic systems into shared spaces. Laws that permit, regulate, or prohibit robotic systems in public spaces will in many ways determine how this new technology affects public space and the people who inhabit that space. This begs the questions: How should regulators approach the task of regulating robots in public spaces? And should any special considerations apply to the regulation of robots because of the public nature of the spaces they occupy? With a focus on the Canadian legal system, and drawing upon insights from the interdisciplinary field of law and geography, this chapter argues that the laws that regulate robots deployed in public space will affect the public nature of that space, potentially to the benefit of some human inhabitants of the space over others. For this reason, special considerations should apply to the regulation of robots that will operate in public space. In particular, the entry of a robotic system into a public space should never be prioritized over communal access to and use of that space by people. And, where a robotic system serves to make a space more accessible, lawmakers should avoid permitting differential access to that space through the regulation of that robotic system.