Autonomous Systems: Navigating in Today’s Legal Atmosphere 

By Philip DeCocco, EAG Intern, Summer ‘21

The Navy’s capabilities and use of autonomous and unmanned systems are developing rapidly. As the technology and viability of these systems advance, it is vital that the Navy understand both the physical and legal environments in which it operates.

This year, the Energy Academic Group (EAG) is undertaking an analysis of U.S. and international laws of autonomous systems supported by the Consortium for Robotics and Unmanned Systems Education and Research (CRUSER). This summer, research focused on the legal requirements for these systems to operate in international waters and exclusive economic zones (EEZs). This project contributes to Navy and DoD calls to ensure the legality of these systems.

Researchers utilized a fictional scenario involving a Navy autonomous underwater vehicle (AUV) called Luke that traveled through different maritime zones conducting military surveillance. As Luke progresses through U.S., international, and Canadian maritime zones, applicable laws and regulations were identified and analyzed. Luke’s journey abruptly ended with its removal by a foreign nation, requiring further investigation of Luke’s legality and rights.

The research includes several international conventions – including the United Nations Convention on the Law of the Sea (UNCLOS) – that apply to autonomous and unmanned systems in the maritime environment. Generally, the laws are significantly older than the advanced autonomous technology and were not written with these cutting-edge systems in mind. While this does not make them inherently incompatible, it presents the reality that there is not a comprehensive legal approach to the challenges inherent in the design and use of these systems. EAG will continue its research this fall with a full report available in January.