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Automobile Black Box Sends Driver to Jail

myzor writes "This article from the Montreal Gazette reports that a driver got 18 months in jail for speeding that killed a man, after the black box in his car revealed he was going 157 km/h (98 mph) in a 50 km/h zone in downtown Montreal. The recording device, which stores data on how a car is driven in the last five seconds before a collision, showed that four seconds before impact, the driver had the gas pedal to the floor and didn't brake before impact." Reader ergo98 writes "Setting a precedent for the Canadian legal system, a Quebec man was convicted based upon the incriminating evidence found in his own car's black box." The Star also has another article looking at the issues surrounding the data recorder.

825 comments

  1. That's hardly a privacy issue by mindless4210 · · Score: 4, Interesting

    But the groundbreaking case is also raising questions about the privacy of Canada's drivers, millions of whom have no idea that their cars may be equipped with devices that record data that might later be used in court against them.

    Well I think they all just need to check their manuals and see if there's one in their car. Either way, who cares; you shouldn't be going insanely out of control in the car anyway, and if you cause an accident, take some responisibility for it.

    ...less than a week before the third anniversary of his smashing into another vehicle at more than three times the speed limit.

    How did it take them three years to figure that out? Wasn't the data right there in their hands?

    --
    Wireless News www.DailyWireless
    1. Re:That's hardly a privacy issue by Nebu · · Score: 1

      How did it take them three years to figure that out? Wasn't the data right there in their hands?

      The way I understand it, he crashed 3 years ago, they knew about it. 3 years later (i.e. today), he crashed again, and they know about it again.

    2. Re:That's hardly a privacy issue by dhalgren99 · · Score: 0

      "How did it take them three years to figure that out? Wasn't the data right there in their hands?"

      Welcome to Canada! :)

    3. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 5, Insightful

      18 months in jail for KILLING someone. (And don't even bother arguing that he is somehow indemnified by the fact that he was speeding. That's bollocks.)

      Thank you for posting this, eds, right after we heard about someone getting 2/3 of that time for UNAUTHORISED RECORDING OF A MOVIE.

      Why bother burning a copy of a "My Life and Times with the Thrill Kill Kult" album, when you can apparently live it for yourself at only marginally greater cost.

    4. Re:That's hardly a privacy issue by grunt107 · · Score: 1

      Although I agree completely the driver needs punished (IMO he deserves more time), the black box does raise privacy issues - and the "if you're not doing anything wrong who cares" argument is a dangerous position. The OBD computers have had a modification proposal to allow BROADCAST to government officials. This is intended to notify drivers of vehicles over-polluting, but the broadcasts also have location, date/time and speed, so any local authorities could send you a ticket. Thankfully this has not gone anywhere yet but if it ever does it will be time to buy that 70's car. Taking your stance this intrusion would be OK too. Regular police investigation should have turned up the estimated speed, and the lack of skid marks (undies excluded) would have shown no braking was attempted.

    5. Re:That's hardly a privacy issue by spellraiser · · Score: 1

      How did it take them three years to figure that out? Wasn't the data right there in their hands?

      Well, call be crazy, but I reckon that the the authorities probably established pretty quickly what happened. Most likely the delay occured in the judicial process, as is often the case.

      --
      I hear there's rumors on the Slashdots
    6. Re:That's hardly a privacy issue by pete-classic · · Score: 2, Insightful

      I'm not sure this is a privacy issue either.

      I know that this happened in Canada, but in the States it could be construed as a 5th amendment issue. Can a persons property be compelled to testify against him?

      -Peter

    7. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 1, Informative

      In all fairness, the other story posted talks about someone who hasn't yet been convicted, and the 12 month jail term is a *maximum* sentence.

      Mind you, 18 months is insignificant for taking a life, and 12 months is outrageous for taking nothing at all (he didn't walk out with the movie reels under one arm after all).

      Just, yea, this isn't apples-to-apples.

    8. Re:That's hardly a privacy issue by jeffy124 · · Score: 1

      I'd like to add that in many car accidents, physical evidence can indicate this kind of data as well. Skid marks, damage done to a car, witness accounts, etc, can all approximate the speed or actions of the cars involved. But - trying to explain some of physics of damage analysis and skid mark analysis to a jury or judge can be tricky, so a black box ends up acting as a verifying component. A defense lawyer could try various tricks to get a prosecutor's witness to concede doubt in their testimony, but a black box makes that difficult to do because it backs up that testimony. It's like trying to defend a gun-toting bank robber who didnt wear a mask.

      Interestingly, there are companies out there that manufacture this kind of equipment that drivers can install on their own cars (some include video). The idea being you can use it's recordings to exonerate yourself if an accident occurs. One company has videos on their site of accidents that their product has recorded.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    9. Re:That's hardly a privacy issue by Vlad_the_Inhaler · · Score: 2, Interesting

      Nope, the fatal crash was 3 years ago and it took this long to come to trial.

      As for the privacy issue:
      - the thing has a memory of 5 seconds so it can only be used to say how one party to an impact was driving.
      - My understanding of forensics is that they could pretty much tell how fast he was moving before the accident anyway, and the absence of skid marks either means he had ABS or had not braked before impact. This box just makes it easier and more precise.

      I have no problem with that. Driving at 100mph where 30 is allowed is just insane.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    10. Re:That's hardly a privacy issue by Jeff+DeMaagd · · Score: 2, Interesting

      Can a persons property be compelled to testify against him?

      Uh, That is called evidence. I can't say much for Canada either, but in the US, such evidence can be legally aquired by either reasonable cause or a search warrant. I think the auto being in an auto accident alone establishes reasonable cause and such can be searched. Nothing special here. Now, if the person had a laptop computer, I don't think they'd be allowed to sieze the laptop or search its contents unless it had something to do with the crash, or a warrant served.

    11. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 0

      right after we heard about someone getting 2/3 of that time for UNAUTHORISED RECORDING OF A MOVIE.

      Careful! The unauthorized movie recording crime is in USA, California to be exact, this crime is in Canada. These are two different countries with two different legal systems. Think about it.

    12. Re:That's hardly a privacy issue by Ravensfire · · Score: 5, Insightful

      Blah, blah, blah.

      Okay, time for some education. This person was SENTENCED to jail for 18 months. For killing someone - that's light to me. Especially since they couldn't be bothered to hit the brakes.

      The kid filming the movie was ARRESTED. The statute he's charged under allows for jail time up to 1 year, if convicted, and/or up to a $2,500 fine.

      See those key words - up to. Yeah, he might, MIGHT get that for the first offense. Unlikely. Probably a fine and probation. Get busted a couple of times, that's when more severe penalties get applied.

      To tie this back to this discussion, the driver was probably facing up to a couple of years. His lawyer considers this a "very, very severe" sentence. Yeah - 18 months for killing a kid while travelling 3 times the speed limit and not hitting the brakes and having the car floored is light.

      -- Ravensfire

      --
      "But we decide which is right, and which is an illusion"
    13. Re:That's hardly a privacy issue by shakah · · Score: 2, Interesting
      Speaking from the US point-of-view, the issue that I struggle with is whether black-box info (BBI ?) should fall under the Fifth Amendment right against self-incrimination. I lean towards treating the BBI as the car-owner's, to be used/disclosed at his sole discretion. I recognize that this is probably inconsistent with how other "evidence" is treated, but it would make me more comfortable with the presence of the black boxes as the information wouldn't necessarily "come back to haunt me" in the form of criminal/civil jeopardy, as justification for higher insurance rates, etc.

      Beyond that, there's always basic questions to be answered like how do we know that the BBI in the Canadian case wasn't a recording of a 5-second interval where the (front ?) tires (or just one of the tires?) weren't in contact with the road?

    14. Re:That's hardly a privacy issue by e2d2 · · Score: 1

      I'm sure that he will live with this for the rest of his life. Killing someone because you made a mistake has to weigh on your mind.

      I remember reading about a man that was sentenced to send a check every month to the parents of the person he killed for $1 so he would never forget. (I may be paraphrasing but the idea is the same)

      Either way this is a shame.

    15. Re:That's hardly a privacy issue by slashhax0r · · Score: 0

      Sure.. when a hacker gets caught, don't they seize all the computers and such.. they are his/her property and contain incriminating evidence.

    16. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 0

      Which is a shame. I'd quite like a defence lawyer to stand up and say "We object to Exhibit A. The three pounds of marijuana found in the defendents trunk has a Fifth Amendment right not to be used in evidence against its owner..."

    17. Re:That's hardly a privacy issue by Phil+the+Canuck · · Score: 1

      This does not raise a privacy issue. Things you do on public roadways are not private.

    18. Re:That's hardly a privacy issue by AndroSyn · · Score: 1

      So arguing that black box data is a fifth amendment violation, you could make the same argument that matching bullets from a murder victim to a gun would be as well? Improper operation of a car can turn it into a deadly weapon, same as a gun. So then are we to throw out matching bullets to guns as well?

    19. Re:That's hardly a privacy issue by Kindaian · · Score: 1

      It is a privacy use when someone will try to use it without your authorization.

      By that i would mean that the courts have all the right to access the info... but a insurance company will have restricted access, if at all and a "joe doe" will be barred from access to it...

      All depends on what is the use of the data and how much time it will be kept.

    20. Re:That's hardly a privacy issue by Dun+Malg · · Score: 1
      The kid filming the movie was ARRESTED

      Minor nitpick: The "kid" is 34 years old.

      --
      If a job's not worth doing, it's not worth doing right.
    21. Re:That's hardly a privacy issue by shakah · · Score: 1
      What do you think would (or should) happen if the black box information was encrypted in such a way that only the car owner could decrypt it (e.g. with the owner's public key, requiring the owner's private key to decrypt)? A court order to demand the decryption key?

      An interesting approach to side-stepping such an order to divulge the decryption key would be to use winnowing & chaffing to encrypt:

      "...if law enforcement were to demand to see an authentication key so it could identify the wheat, the sender could yield up one such key that identifies a wheat subsequence containing an innocuous message as the wheat, and leaving everything else as ``chaff''. The real message would still be buried in the chaff."
    22. Re:That's hardly a privacy issue by NecroPuppy · · Score: 1

      And the driver is still open for a civil suit from the victim's family.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    23. Re:That's hardly a privacy issue by pete-classic · · Score: 2, Interesting

      There is a (yes, extremely fine) distinction. If a camera catches you doing something, that's evidence. If you record yourself doing something, that's evidence.

      But if "safety regulations" require you to record yourself in the course of normal daily activities it strikes me that it is equivalent to self-incrimination to use it against a person.

      Maybe you're right. It makes sense in my head, but I am having trouble expressing it.

      -Peter

    24. Re:That's hardly a privacy issue by jhagler · · Score: 1

      Short answer, yes. If the black box hadn't been there, they would have looked at the dent in the front of his car, they would have looked for skid tracks (pieces of his tires left on the street) as evidence of breaking, they would have looked for a throttle possibly stuck in an open position (thus probably acquiting him).

      These are the things that accident investigators used prior to black boxes, and the things that will be used afterwards. One hopes they are also used as sanity checks, as someone else mentioned if the black box says you were doing 200MPH whn you hit the other car but all you have is a minor paint scratch, I sure hope they don't believe it blindly.

      --
      Never underestimate the power of human stupidity -RAH
    25. Re:That's hardly a privacy issue by strike2867 · · Score: 1

      Laura Bush killed someone with her car when she was young

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      Vote for new mod!!! Score:-2,Imbecile
    26. Re:That's hardly a privacy issue by Misch · · Score: 1

      Correct.

      The real story was aired as part of HBO's "Lifestories: Families in Crisis" series in 1992. The episode was titled "Dead Drunk: The Kevin Tunnell Story"

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    27. Re:That's hardly a privacy issue by shakah · · Score: 1
      ...are we to throw out matching bullets to guns as well?
      I recognize the inconsistency, which is why I mentioned in my original post that "I recognize that this is probably inconsistent with how other "evidence" is treated".

      As I posted in another message, though, what if the black box information was encrypted in such a way that only the car owner could decrypt it (e.g. with the owner's public key, requiring the owner's private key to decrypt)? Would you call for a court order to demand the decryption key?

      An interesting approach to side-stepping such an order to divulge the decryption key would be to use winnowing & chaffing to encrypt the black box information:

      "...if law enforcement were to demand to see an authentication key so it could identify the wheat, the sender could yield up one such key that identifies a wheat subsequence containing an innocuous message as the wheat, and leaving everything else as ``chaff''. The real message would still be buried in the chaff."
    28. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 0

      "How did it take them three years to figure that out? Wasn't the data right there in their hands?"

      Oh I imagine that was noticed shorly after the accident. However I believe they can't use prior convictions as evidence in the Canadian system.

      Not 100% sure on that, I'm sure I'll be corrected one way or another.

    29. Re:That's hardly a privacy issue by grunt107 · · Score: 1

      Only because the gov't deems it OK. The 'driving is a priv. not a right' diatribe has only been accepted (or is it forced down the public's throats) in the last 2 decades. IMO there are parts that should remain private, or the gov't can do all sorts of nasty things (how 'bout video surveillance? Maybe sound recordings to make sure anything I am playing does not have indecent material in it?). And that absolutely allows 'kill switch' and breathalyzer (see N.M. proposed legislation) technologies to be implemented regardless of of expense.

    30. Re:That's hardly a privacy issue by Greyfox · · Score: 1
      It's not like you can't convict on forensic evidence if you don't have black box data, too. You can go by skid marks (or lack thereof,) and get a pretty good idea of how fast various parties were going. Physics don't lie. Frankly I don't have an issue with someone going to jail because they were driving like a jackass. It doesn't matter to me if physics was used to convict him or a black box was.

      And personally I would have been inclined to sentence him to at least 5 years because his driving like a jackass took another human life.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    31. Re:That's hardly a privacy issue by Sanga · · Score: 1

      How is this different from your fingerprints incriminating you? Carbon residue on your clothes after firing a gun (your gun) ? Matching ballistics with your gun and a murder weapon ? (ad infinitum)

    32. Re:That's hardly a privacy issue by Carthain · · Score: 1
      what if the black box information was encrypted in such a way that only the car owner could decrypt it (e.g. with the owner's public key, requiring the owner's private key to decrypt)? Would you call for a court order to demand the decryption key?


      Well, since they can get warrants to search someone's house & workplace if they think it's relevant, it's probably not going to be hard to get a warrant to 'search' the black box, and use what they find inside.
    33. Re:That's hardly a privacy issue by Chiasmus_ · · Score: 4, Informative

      18 months in jail for KILLING someone.

      The law recognizes, as I think it should, a distinction between KILLING someone, and doing something negligent that causes someone else to die.

      In fact, there are at least four criminal categories of homicide:

      First degree murder: A person forms a specific intent to kill someone, plans the killing, and kills the victim or has them killed. (e.g. the Thrill Kill Kult)

      Second degree murder: A person who did not previously have a specific intent to kill someone flies into a rage and forms the intent to kill the victim at almost exactly the same time he does the killing.

      Voluntary manslaughter: A voluntary manslaughter is similar to a second degree murder, but it can be shown that the victim adequately provoked the killer into killing him (e.g., "imperfect self defense" and arguably, the last scene in the movie Se7en).

      Involuntary manslaughter: A person does not form the specific intent to kill, but does something either criminal or criminally negligent which leads to someone else's death.

      Now, there are special laws which allow (generally upward) adjustments so that someone who would ordinarily fall into one category is placed in another. For example, a drunk driver who kills someone can often be convicted of a murder.

      However, a sober speeder cannot; our courts almost universally recognize that as an involuntary manslaughter.

      Tangent: back in the days that I worked variable shifts, I'd often be driving home on about two hours of sleep in three days, weaving all over the highway, thinking that I could drive at least twice as well if I were well-rested but a little bit drunk. But special interest pressures have made drunk driving a felony, and extremely fatigued driving, which is equally dangerous, barely a crime at all.

      --
      "Beware he who would deny you access to information, for in his heart he deems himself your master."
    34. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 0

      So then are we to throw out matching bullets to guns as well?

      Only if it doesn't work.

    35. Re:That's hardly a privacy issue by AviLazar · · Score: 1

      It sounds to me that he didn't hit the brakes before the accident occurred - which could mean he didn't see the person (night time?) If that is the case, well duh. This guy did this multiple times, he should sit in jail for a bit. But the legal system (anywhere) is screwed up in general and there is no uniformity for sentence durations. -A

      --

      I mod down so you can mod up. Your welcome.
    36. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 0

      Oh, fuck that. 18 months is better than this fuckwit got: Fucktard Janklow And now the shitbag is trying to get the Fed Govt. to foot the bill for his carelessness and recklessness. I mean the cunt got 12 speeding tickets in 3 years. Once he was elected Govenor, he stopped getting cited, but didn't change his driving habits. Then he gets elected to federal office and he finally kills somebody, is found guilty and the judge says "...the public is better served by Shitwit having to do 100 days in jail and hundreds of community service hours, then they would be by having the asshole chucked in a hole and locked away for the rest of his life."

    37. Re:That's hardly a privacy issue by hypnagogue · · Score: 1

      And this 18-month sentence "was the maximum ever handed out in Quebec." (Presumably for the crime of manslaughter)

      Are they serious?

      --
      Liberty you never use is liberty you lose.
    38. Re:That's hardly a privacy issue by Algan · · Score: 1

      Just wanted to add a minor correction to your argument: if you have ABS and brake hard, you will leave skid marks, but they'll be interrupted instead of continuous. When the wheels lock, it taks a fraction of a second for the ABS system to respond. If you're driving at significant speed (say more than 20-30 mph) this translates into a few inches of rubber on the asphalt. When the ABS kicks in, it releases the brake, which means no mark for another few inches. The process then repeats and that's how you get your interrupted skid mark pattern.

      (I'm not an expert, it just happened to me :)

      --
      If con is the opposite of pro, is Congress the opposite of progress?
    39. Re:That's hardly a privacy issue by sdriver · · Score: 1

      By that logic the half drunk liter of Vodka in my car after a crash is "self-incrimination" and should not be used?

      Give me a break moron...

    40. Re:That's hardly a privacy issue by Mortanius · · Score: 1

      Hillary Clinton had JFK Jr. assassinated.

    41. Re:That's hardly a privacy issue by Idarubicin · · Score: 2, Informative
      I lean towards treating the BBI as the car-owner's, to be used/disclosed at his sole discretion. I recognize that this is probably inconsistent with how other "evidence" is treated, but it would make me more comfortable with the presence of the black boxes as the information wouldn't necessarily "come back to haunt me" in the form of criminal/civil jeopardy, as justification for higher insurance rates, etc.

      However, with a warrant the police are free to inspect items owned by a suspect, even if they may be incriminating. I'm quite certain that the fact that an automobile accident occurred would constitute probably cause for police to recover black boxes from any vehicles involved.

      Besides, it's equally easy for the black box to support your innocence. If the other guy says I ran a red light in front of him, but my black box says my car was stationary for the preceding five seconds--I'm cleared; my insurance doesn't take a big hit; I don't have to go to court, except as a witness against the other guy.

      Beyond that, there's always basic questions to be answered like how do we know that the BBI in the Canadian case wasn't a recording of a 5-second interval where the (front ?) tires (or just one of the tires?) weren't in contact with the road?

      These recorders usually track things like throttle and brake positions as well as speed. If the black box says he had the pedal to the floor for the entire five seconds, then the speed reading makes sense.

      Also, if he wasn't doing something he shouldn't, how would he keep the front tire off the ground for five seconds before his airbag went off? (Airbag inflation is the cue for these devices to stop recording.)

      --
      ~Idarubicin
    42. Re:That's hardly a privacy issue by Kaseijin · · Score: 1
      What do you think would (or should) happen if the black box information was encrypted in such a way that only the car owner could decrypt it (e.g. with the owner's public key, requiring the owner's private key to decrypt)? A court order to demand the decryption key?
      The court would issue a subpoena for the recording, and the owner could be held in contempt for refusing to produce the key. (What happens if the owner claims to have forgotten his passphrase is, as far as I know, an open question.)
    43. Re:That's hardly a privacy issue by thx2001r · · Score: 1

      The fifth amendment of the US Constitution reads: (Source:)

      "Amendment V

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

      Person is explicitly stated here, so I'm not sure that it would be a problem to use your property as evidence against you. This could be somewhat ambigous (possibly in the future) if someone has, for instance, a prosthetic limb that collects data and that limb is compelled to give "testimony" (divulge data stored within it). That's, of course, assuming that a prosthetic limb is now or in the future legally considered a part of your body (anyone know for sure?), then it'd certainly be an interesting argument.

      I don't think a car would be considered a part of one's self so, it wouldn't necessarily infringe on your fifth amendment rights to use data from the Black Box in your car as a "witness" against you (much like a murderer's gun can be used as evidence to forensically trace it to bullets in a victim). IANAL, nor do I play one on tv... heck I don't even watch people play them on tv, so this is just my opinion, for what that's worth.

      In all fairness, I don't think the Black Box was the damning evidence here. Police forensics can pretty much do some calculations and figure out how fast the car was going. I mean, not to be insensitive, but a human being's remains hit by a car going 98 miles per hour will NOT look the same (all things being equal, mass of the car, etc.) as the those after being hit by the same car going 30 miles per hour. The impact alone must have propelled the victim an incredible distance or practically shattered his body (I didn't read if he was clipped by the car or hit full on).

      The Black Box, in this case, may only show new information that the police may have been unable to prove beyond a doubt (as noted in another post), they probably had a good idea of the speed, but may not have been able to prove that the driver didn't try to break and that he had the accelerator to the floor (which would certainly affect the severity of the punishment / crime).

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    44. Re:That's hardly a privacy issue by shakah · · Score: 1
      "...it's probably not going to be hard to get a warrant to 'search' the black box, and use what they find inside."
      But if the contents of the black box was encrypted (as my hypothetical stated) the decryption key would be required to make sense of "what they find inside".

      So in that case would you force someone to divulge the decryption key? That becomes a Fifth Amendment issue, doesn't it?

    45. Re:That's hardly a privacy issue by strike2867 · · Score: 1

      Damn, forgot Link

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    46. Re:That's hardly a privacy issue by shakah · · Score: 2
      "...the owner could be held in contempt for refusing to produce the key."
      Which is why the winnowing/chaffing approach is so interesting, as one could arrange it so a "fake" key could decrypt to innocuous information (e.g. "last 5 seconds was 30 mph, with brake lightly applied").
    47. Re:That's hardly a privacy issue by tap · · Score: 1

      If living with it the rest of his life is such a punishment, then why doesn't he kill himself?

      He has a choice, the kid he murdered doesn't.

    48. Re:That's hardly a privacy issue by Have+Blue · · Score: 1

      Which is why the car owner is not going to be the sole owner of the real blackbox key (he might not even have it at all if, as others have suggested, tampering with the blackbox is criminalized on the same level as tampering with the odometer).

    49. Re:That's hardly a privacy issue by Murf_E · · Score: 1

      The difference here is that the movie cam guy was caught in LA and the driver was caught in quebec. In Canada "Life" = 25 years and you get a chance at parole after 1/3. if he used a gun he would get the above sentence as a MAXIMUM. Since he was driving a car the law treats it as a vehicle offense. Don't worry our laws confuse us as well as others

      --
      this sig intentionally left blank
    50. Re:That's hardly a privacy issue by Phil+the+Canuck · · Score: 1

      Been a lot longer than two decades where I live.

      Comparing something installed in your car by the manufacturer (a private company) to forced government surveilance is a little bit ridiculous. I know, I know - someday the government boogeymen might legislate them in. The point is they haven't, so this isn't the issue we're dealing with. This is a case of police seizing a data recorder and using the evidence to support the case against an accused criminal. Given the circumstances they had every right to do so.

      The right to privacy doesn't cover driving at criminal speeds through city streets and smacking into people.

    51. Re:That's hardly a privacy issue by juhaz · · Score: 1

      Why it couldn't?

      Or are you saying you can murder someone in cold blood under a surveillance camera as long as it's your property, because that can't be compelled to testify against owner?

    52. Re:That's hardly a privacy issue by anethema · · Score: 1

      The canadian legal system is still fucked up. (I'm canadian BTW)

      There was some guy here, stabbed his wife some insane amount of times..like almost 50 I think. He got 4-5 years in jail.

      Then take lattimer. His daughter was in pain every damn day, severely retarded, constantly drugged up. He put her out of her misery. He gets 25 years.

      You can argue whether he was right or wrong in doing this (I think he should have been given a medal) but compared to the above crime, and many others which recieve lighter sentances, this is total BS.

      Its all about beeing rich, getting a good lawyer, etc. Pretty F'd up.

      --


      It's easier to fight for one's principles than to live up to them.
    53. Re:That's hardly a privacy issue by e2d2 · · Score: 1


      If living with it the rest of his life is such a punishment, then why doesn't he kill himself?

      He has a choice, the kid he murdered doesn't.


      Beats me how he can live with himself. I'm pretty sure he did time in jail also then as part of his probation he had to send these checks.

    54. Re:That's hardly a privacy issue by pete-classic · · Score: 1

      Because the government forces you to put yourself under surveillance in this case.

      -Peter

    55. Re:That's hardly a privacy issue by pete-classic · · Score: 1

      See this comment.

      If you tape yourself that could be subpoenaed. The government doesn't force you to videotape yourself in this case.

      Anyway, I'm not making a legal argument, but a philosophical one. What I am saying is that if the government is going to compel citizens to put themselves under surveillance, which it shouldn't, they should have to decency to not use the fruits of treating you like a criminal against you in court.

      -Peter

    56. Re:That's hardly a privacy issue by pommiekiwifruit · · Score: 1

      Sheesh, a friend of mine got that amount for biting someone (a police officer - not a sensible thing to do). So yes that's light for killing someone. Of course if he was wearing a uniform (police or military) he would have got away scot free, but that's another storey.

    57. Re:That's hardly a privacy issue by juhaz · · Score: 1

      Well, I guess there might be a good point there, somewhere in the future.

      If, that is, government would require that every car has a recording device of sorts. So far, it's not the case, however.

    58. Re:That's hardly a privacy issue by HD+Webdev · · Score: 1

      These are the things that accident investigators used prior to black boxes, and the things that will be used afterwards. One hopes they are also used as sanity checks, as someone else mentioned if the black box says you were doing 200MPH whn you hit the other car but all you have is a minor paint scratch, I sure hope they don't believe it blindly.

      Yes, the side-effect of having those boxes is another piece of evidence. It won't be the only evidence. The majority of people don't trust computer-type devices since most computers crash at least several times a week. Just last week there was a BSOD on a cable channel here a couple of weeks ago. And, the tv guide channel's clock was incorrect by an hour for two days after the last daylight savings change.

      The boxes aren't there to help police figure out what happened in an accident. They are there to protect airbag & car manufacturers from being sued when someone gets in an accident at 100mph and claims it was only 70mph.

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    59. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 0

      Actually Lattimer got 10 years.

    60. Re:That's hardly a privacy issue by Lucky_Norseman · · Score: 1

      You are saying that there is no difference between doing 65 in a 55 zone or doing 180? Thats like saying there is noe difference between a shot going off when you are cleaning a gun and emtying a 30-shot clip out the window at full auto without checking for passers-by.

    61. Re:That's hardly a privacy issue by Old+Wolf · · Score: 1

      Oh come on. If this guy goes to jail then Ken Lay[*] should too[**].

      [*] I have no idea who Ken Lay is but everyone was going on about him in the article about the movie recording.

      [**] Hopefully the movie guy will "get Lay-ed" , so to speak

    62. Re:That's hardly a privacy issue by Chiasmus_ · · Score: 1

      You are saying that there is no difference between doing 65 in a 55 zone or doing 180?

      I don't know what made you read that into my post, but, no, I wasn't saying that.

      Doing 65 in a 55 zone is not generally considered criminally negligent. An accident at that speed would likely be considered just that - an accident - and the driver would probably not be charged with a crime.

      --
      "Beware he who would deny you access to information, for in his heart he deems himself your master."
    63. Re:That's hardly a privacy issue by ergo98 · · Score: 1

      It sounds to me that he didn't hit the brakes before the accident occurred - which could mean he didn't see the person (night time?)

      At 150kph+ on closed in urban streets (particularly in Montreal), the potential reaction time is incredibly tight. Couple that with the fact that someone with such incredibly poor judgment likely has incredibly poor driving skills regardless...

      It's too bad they don't have any photos of the scene (not the gruesome parts, but rather the cars): A 150+ collision with what was effectively a stationary object would be a devastating collision. As others have stated, it should have been immediately apparent the speeds involved by the deformation of the vehicles.

    64. Re:That's hardly a privacy issue by inKubus · · Score: 1

      It's fairly obvious in this case that the person was doing something illegal because pedestrians don't become a cloud of red mist when all parties involved are behaving themselves. Now, it would become an issue of privacy if the guy got hit at say 45kph because it would be on the fine line between purposeful killing and trying to miss. I mean, sometimes you can't hit the brake in time, but at least he wasn't driving recklesslessy. I don't think it sets a dangerous precedent. Really, the only way this case would be dangerous is if people THINK it sets a precendent. Really, the guy was going about 100kph OVER the speedlimit and vaporized someone. They didn't NEED the black box for the conviction, it was just icing.

      --
      Cool! Amazing Toys.
    65. Re:That's hardly a privacy issue by whereiswaldo · · Score: 1


      Am I the only one wondering why this guy got ONLY 18 MONTHS in jail for killing someone due to reckless disregard for others?? This should almost be considered first degree murder.

    66. Re:That's hardly a privacy issue by rew · · Score: 1

      How did it take them three years to figure that out? Wasn't the data right there in their hands?

      The first argument heard in court would probably have been: "These devices are unreliable, it got messed up by the crash".

      So it can very well take 3 years to come to the conclusion that these things ARE reliable, do NOT lie, and ARE permissable as evidence in court.

    67. Re:That's hardly a privacy issue by Anonymous Coward · · Score: 0

      It is a privacy issue.

      The black box didn't convict him. He would have been convicted anyway. The black box (if it was really there) is just hyped because it happens to be in his car, and they want to put one in yours.

      You don't need a black box to tell that someone was hit at 98 mph. There were witnesses too.

      What you people don't understand is that in a free country, the laws apply to everyone. That includes taxes, surveilance, military conscription, and everything else. If you don't want fair laws, just say it. Realize too, that it gets crowded at the top. Ask folks like Leon, or his friends in Bagdad 1978 or those from the night of the long knives. It's a terrible gamble you're taking. Because there can only be one number 2, and one number 10 million, and if what you want happens, there will be knives all the way down to the last one picked.

  2. Before attempting to remove... by pr0c · · Score: 4, Interesting

    I read once somewhere that these 'blackboxes' may be vital in making your airbag and other critical operations work. Removing them based off of privacy concerns (AKA fear of getting caught) may be foolish. I know removal may be suggested multiple times.

    1. Re:Before attempting to remove... by BiggerIsBetter · · Score: 1

      Possibly, but that smells like FUD. It's more likely that the recording device is on an in-vehicle network (like CAN or Flexray) and passively receives information sent from other controllers and sensors. YMMV, IANAAEE (Automotive Electronics Engineer)

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    2. Re:Before attempting to remove... by LostCluster · · Score: 1

      The airbag pre-exists the car version of the black box, so a black box isn't technically a requirement for there to be an airbag.

      However, for more advanced airbag systems, the data is useful so that the airbag can make an inteligent decision, such as whether to deploy at high speed, low speed, or not at all. The explosive force of an airbag can break bones if applied where it is not needed... so having the final five seconds of data is useful there. Why it needs to be kept beyond the five seconds after inpact cannot be explained by this function, however.

    3. Re:Before attempting to remove... by Unknown+Poltroon · · Score: 1

      Why is a basic car safety device(ie airbag) wired through a pice of electronics unnecessary to its basic funciton? I mean, its kind of like wiring my fire alrm through my stereo. DOnt get me wrong, i have no problem with its recording the airbags actions, but i want safety equipment to be as brain dead simple and failsafe as possible.

      --
      All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
    4. Re:Before attempting to remove... by AmigaAvenger · · Score: 1

      most vehicles have the airbag control system ENTIRELY seperate from the rest of the electronics. So much that airbags also have their own backup power supply.

    5. Re:Before attempting to remove... by The+Only+Druid · · Score: 1

      Frankly, there are zero valid privacy concerns. The only situation in which the black box is legally accessed by anyone other than a mechanic is in the event of an accident. These are not emissive, nor are they on any network. They simply act like a black box on a plane.

      People often give the "if you're not doing anything wrong, then you've got nothing to hide" argument against people who have privacy concerns, but in this case its literally true: if you haven't done anything wrong, not only have you nothing to hide but there is in fact no way to even look.

      --
      "Stumble before you crawl"
    6. Re:Before attempting to remove... by flyneye · · Score: 0

      well this idiot removed dangerous air bags and i have no regrets and wont either.BTW f**k spyware whether its code or hardware.and f**k you for being naiive.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    7. Re:Before attempting to remove... by blankoboy · · Score: 1

      Seen your sig in the planetbattlefield DC forums many times and I thought I might kindly mention that there is a slight grammatical error in it...in case you'd like to know. "Never argue with an idiot... they will drag you down to their level and beat you with experience every time." the correct form would be "Never argue with an idiot...he/she will drag you down to their level and beat you with experience every time." or "Never argue with an idiotS... they will drag you down to their level and beat you with experience every time." .....and DON'T argue with me, I'll just bring you down to my level =P....lol.

    8. Re:Before attempting to remove... by slashhax0r · · Score: 0

      That could be in some cars. That said though, removal of such a system may be "foolish" however, a sufficiently technical car owner should be allowed the choice, airbags or not, black box or not... If I *own* (not lease, not rent not finance) but outright own my car then I should be able to modify it in whatever way I see fit. What worries me, is that there will be laws passed prohibiting the removal of black-box type devices.

    9. Re:Before attempting to remove... by Anonymous Coward · · Score: 0

      The airbag control module is the 'black box'. It contains the accelerometer sensor that the microcontroller software uses to decide when to fire the bags.

      The main reason it was decided to log this information was to reduce the automotive electronics suppliers' liability.

      Basically, they were getting sued allot by morons claiming that the airbags went off which caused an accident. Or they claim they went off in a minor fender bender when they shouldn't have.

      People get mad when they get their face smashed by an airbag. It sure isn't some soft pillow that gently decelerates your body. Those things can easily mess you up.

      After a few of these cases they decided it was in their best intreset to begin logging this 'crash' data.

      The data is logged solely as an insurance policy against frivolous lawsuits against car manufactures.

      The reason they are now using the data in these types of cases is only because the lawyers now know it's there.

      Oh yeah, you can not remove this functionality without losing your airbags also.

    10. Re:Before attempting to remove... by Kombat · · Score: 4, Informative

      airbags also have their own backup power supply.

      Are you sure about that? I've never heard that before. When my wife was in a rear-ending in which her car was shoved under a school bus, her airbag went off, but the fire department wouldn't let anyone inside the car (i.e., to collect our belongings) until they'd cut the cable to the battery. The reason they gave was that the airbags might still go off. The corrolary being, once they'd cut the battery, there was no longer a fear of the airbags deploying.

      Got a reference to back up the claim that airbags have their own power source?

      --
      Like woodworking? Build your own picture frames.
    11. Re:Before attempting to remove... by frinkster · · Score: 4, Interesting

      The black boxes were originally intented to be used to determine if the airbags and other safety systems functioned properly in the crash. GM (rightly) does not want to be sued by someone claiming that their spouse or child or whatever died because the safety systems did not work as intended. The real world can not be completely modelled in the lab, thus data from real-world crashes is needed to perfect the safety systems.

      Of course that data needs to be there when GM buys the crashed car from the junkyard, so GM built a black box that records the last 5 seconds before an airbag deployment.

      There is no conspiracy. GM wants to make sure their safety systems work.

    12. Re:Before attempting to remove... by rjelks · · Score: 1

      I read once somewhere that these 'blackboxes' may be vital in making your airbag and other critical operations work.

      ...for some reason, when I read that, all I could think of was Microsoft and Internet Explorer. I doubt that the "blackboxes" are required for the airbags to work. Considering how fast they must respond, I hope the airbag is set up a little more efficiently than that.

    13. Re:Before attempting to remove... by Kombat · · Score: 1

      her airbag went off,

      Doh! That should read, "her airbags DIDN'T go off"

      Sorry, my bad.

      --
      Like woodworking? Build your own picture frames.
    14. Re:Before attempting to remove... by homer_ca · · Score: 2, Insightful

      If you already wear a seatbelt, the airbag only provides a little additional protection and only in a front crash. Crashing in a new car with seatbelts and no airbag is still safer than in an old car. You'd have to go back to 60s or 70s vintage to find cars with no computers.

    15. Re:Before attempting to remove... by IvoryRing · · Score: 1
      You did know this was coming, right? :)

      Since you've made idiot plural, I'd suggest you strike the an in order to remove the purality disagreement in the following snippet:
      "Never argue with an idiotS... they"

      Mind you, I've intentionally salted my own post with 423521 (margin of error: +/- 500,000) errors, just to keep you from knowing which errors are by sheer intent of affrontery and which are genuine mistakes.

    16. Re:Before attempting to remove... by Anonymous Coward · · Score: 0

      No. To protect their collective ARSES from lawsuits. "See - it wasn't a defect in our car. It was totally Aunt Sue's fault."
      Selective recording of data that tips the legal system in their favor. In this case, and others, it has been used by law enforcement for non-intended purposes.
      What ever happened to the right against self-incrimination?

    17. Re:Before attempting to remove... by confused+one · · Score: 1

      It's true. Airbag controllers either have a BIG capacitor which will fire the airbag(s) some minutes after the battery is disconnected; or, they have an auxillary battery. Ford (used to) use a small auxillary battery that was located behind the glove box under the dash. You had to remove the glove box liner to access it AND you had to unplug that battery before doing anything that might upset the airbag controller.

    18. Re:Before attempting to remove... by bkocik · · Score: 1
      "...the fire department wouldn't let anyone inside the car (i.e., to collect our belongings) until they'd cut the cable to the battery. The reason they gave was that the airbags might still go off. The corrolary being, once they'd cut the battery, there was no longer a fear of the airbags deploying."

      Close. I used to be a locksmith, and part of my job was working on ignition switches in cars (replacing them when someone lost their key, mostly). To get to the ignition switch on most cars, you have to take the steering column apart, which means you have to take the airbag off - which means you'd better know what you're doing, because those things can kill you, especially once they're out of the column.

      Anyways, as far as I know airbags do not have a seperate power supply. Instead, they're powered by a bank of capacitors which charge up when the car is started (that's usually what the airbag light on the dashboard means - the capacitors are being charged). They usually hold their charge for about 30 minutes or so after the power is cut.

      So as a locksmith, I was trained to disconnect the battery and wait at least a half hour before touching the airbag on the column. Then you have to be really careful once it's out of the column not to give it a static charge, because that can set them off, too (theoretically, anyways). The firefighters should have known that cutting the battery cable on your wife's car does not immediately disable the airbags.

    19. Re:Before attempting to remove... by Dun+Malg · · Score: 1
      The airbag pre-exists the car version of the black box, so a black box isn't technically a requirement for there to be an airbag.

      Nor is it, technically, a requirement for the fuel injection system (see the Bosch dual-point FI system in the Bf-109, ca.1938). It's likely all integrated because it makes sense technically and economically to have a centrally-controlled system.

      The explosive force of an airbag can break bones if applied where it is not needed... so having the final five seconds of data is useful there. Why it needs to be kept beyond the five seconds after inpact cannot be explained by this function, however.

      A lot of automotive computers are responsible for keeping the engine in tune. Often, a momentary snapshot if engine state doesn't provide enough information to keep the system optimized. I suspect that the 5-second buffer is primarily there to provide a larger data sample.

      --
      If a job's not worth doing, it's not worth doing right.
    20. Re:Before attempting to remove... by HyperbolicParabaloid · · Score: 1

      my understanding, and I'm no expert (but slashdot-qualified none the less!) is that the "black box" is a diagnostic tool to allow airbag "them" to determine how/why the airbag triggered, and the circumstances underwhich it deployed. With that info it would be possible to determine the effectiveness of the air bag.
      So the aribag isn't dependant on the "blackbox".

      --


      -------------------------
      A person of moderate zeal
    21. Re:Before attempting to remove... by siphoncolder · · Score: 1

      You're right. Otherwise, your airbags could go off by simply tapping your garage door or someone throwing a baseball at the front bumper. This "recorder" is just that - not a tracking device, but an instrument that allows the car to function properly.

      This device isn't there to spy. Police just find that it's useful to analyze as evidence to reconstruct a crime scene.

      My own 2 cents: figures he was a Quebecer. People drive like freakin' maniacs there. You Americans love your guns & money, and the egos are a bit bigger, but you ain't got NOTHIN' on our Quebecers. Glad they got this guy, but there's something else rotten in the state of driving courtesy (or lack thereof) in Quebec. I'd like to figure out what THAT is.

      --
      i'm amazed that i survived - an airbag saved my life.
    22. Re:Before attempting to remove... by parksie · · Score: 1

      When I had a crash (airbag didn't deploy, I wasn't going fast enough), the rescue guy took off the handbrake from the back seat, citing an AA (UK Automobile Association) man's death when he leaned in from the front, airbag deployed, and broke his neck.

      Effective in the right conditions, but I'd want to be careful around one.

    23. Re:Before attempting to remove... by Skater · · Score: 1

      Don't forget the car was probably sitting there some time after the accident but before the firefighters got there, thereby allowing the caps to discharge (at least somewhat).

      --RJ

    24. Re:Before attempting to remove... by Anonymous Coward · · Score: 0

      Shouldn't the plural version be "Never argue with idiotS... they will drag you down to their level and beat you with experience every time." instead of "Never argue with an idiotS... they will drag you down to their level and beat you with experience every time."

    25. Re:Before attempting to remove... by void* · · Score: 1

      To me, the issue isn't the privacy concern.An accident investigator would be able to tell the approximate speed of impact, anyway. I think there's danger here of using the 'black box' as a crutch - not verifying that the speed given by the box is reasonable according to the physical evidence, and going by the recorded data only. The more interesting issue is where such things are likely to be misinterpreted, as they are by the sister of the deceased driver.

      Quoting from the Toronto Star article:

      "If we didn't know about the data in the black box, we would have always thought my brother was driving fast and that he went through a red light," Belinda Matthey, the sister of Zinet, told reporters yesterday. "Without the black box we wouldn't know the truth."

      Now, the black box may say that the car was doing 93mph. It may say he didn't hit the brake. There is nothing there, however, that says whether or not the deceased driver was speeding, or running a red light. Perhaps they obtained speed data from the deceased driver's vehicle as well. Neither would say whether or not the victim here ran a red light. Did the judge use anything other than the speed data to determine fault, or the required severity of the punishment? What if the driver who was sentenced didn't hit the brake because the light in his direction was indeed green, and the deceased driver did indeed run a red light, leaving no reaction time for him to hit the brakes?

      Driving three times the speed limit ... if the crash forensics reasonably matches the black box data, the sentenced driver was imho driving with reckless disregard for the safety of others. However, if the deceased driver did indeed run a red, can it be said that the accident is entirely the sentenced driver's fault?

      I don't think so. Of course, there's not enough data here to draw solid conclusions either way, but I find it interesting that the sister is using this speed data as support statements like "we would have always thought my brother was driving fast and that he went through a red light"

      --


      Code or be coded.
    26. Re:Before attempting to remove... by ralfg33k · · Score: 1
      GM built a black box that records the last 5 seconds before an airbag deployment.

      So, if this black box knows the airbag is going to deploy 5 seconds before it happens, why doesn't it just maneuver the car out of the accident?

      Ba-da-BOOM! Thank you! Don't forget to tip your waitress. I'm here 'till Thursday...tell your friends.

    27. Re:Before attempting to remove... by AK+Marc · · Score: 1

      This device isn't there to spy. Police just find that it's useful to analyze as evidence to reconstruct a crime scene.

      But that is the same thing. It is continually recording all actions you take (discarding all but the last 5 seconds) and storing them in a manner than can be used against you later in court. That fits every definition of "spy" I've ever heard.

    28. Re:Before attempting to remove... by siphoncolder · · Score: 1

      You retard. Nature does the same thing, but for longer than 5 seconds. You might as well say that nature tracks you through the use of leaving your fingerprints whereever you go.

      The only difference here is that this is a man-made object, but the objective is to improve safety, not spy. The fact that it's used when you get into an accident is a function of collection of evidence, not covert intelligence gathering.

      Airbags need to know the state of the car's level of acceleration and speed to deploy properly (or not deploy, as the case may be). Why don't you just do the right thing and reprogram that sensor in your car to not record anything. I'll do my best to be there when you start your car up so I can kick your car right in the sensor as you're pulling out of a spot.

      --
      i'm amazed that i survived - an airbag saved my life.
    29. Re:Before attempting to remove... by AK+Marc · · Score: 1

      You retard. Nature does the same thing, but for longer than 5 seconds.

      But I don't have to pay for nature to follow me and record my actions. I do with the GM black box. I'd be paying for the device to record my actions that can be used against me in a court of law.

      The fact that it's used when you get into an accident is a function of collection of evidence, not covert intelligence gathering.

      It is covert intelligence gathering when people don't know it is there, what it can do, and it is used against them later in court. Nature isn't covert. Every fool knows that they leave footprints in mud, so mud isn't "spying" on the person walking through it. This is a device that is inlcuded with the vehicle that people are not made aware of that records their actions in a manner than can be used against them later. What is great is that they are paying for the tools to spy on themselves. Oh, and it can not be modified easily. I expect that no one will modify it for you (seeing as it is part of the safety gear), and it may be illegal to sell the car with "safety" gear disabled.

      The device was designed to save lives. The government is using the device to prosecute (or aid in the prosecution of) people. That is why it is a privacy issue, and why the device is covertly spying on people.

  3. Not quite there yet by Anonymous Coward · · Score: 1, Insightful

    I do expect the technology to get better, but these black boxes are not yet able to navigate your automobile to the nearest police facility after you break the law. This will require increases in AI or centralized monitoring that do not yet exist.

    1. Re:Not quite there yet by Anonymous Coward · · Score: 1, Insightful

      Hey man I'm all for blackboxes. When you drive in New York rush hour and see all the assholes out there on the road, you be all for it too. Problem is these penalties are not stiff enough. I firmly believe in you kill somone while drunk driving, you should be held for murder and/or get the chair.

      It's time people take responsibilities for their actions. Hopefully this will help.

  4. Re:The guy that got hit deserved it. by neoform · · Score: 5, Interesting

    I'm guessing you don't know what downtown montreal is like, driving 157kph is insanely fast given the size of the streets here, i've never seen anyone do more than 80 downtown.

    also montreal drivers know that we're in the jay-walking capital of the world.

    --
    MABASPLOOM!
  5. phew by va3atc · · Score: 1

    My 1998 Neon isn't on that list ;)

    --
    Candle burns its brightest in the dark
    1. Re:phew by Anonymous Coward · · Score: 0

      But it is on the list of cars that turn into a flaming death chamber after a head-on collision...

    2. Re:phew by va3atc · · Score: 1

      But it is on the list of cars that turn into a flaming death chamber after a head-on collision...

      I always wanted to be cremated

      --
      Candle burns its brightest in the dark
    3. Re:phew by Anonymous Coward · · Score: 0

      If it has an airbag, it is. The device is used to ensure that when your lawyer says "he was just sitting at a red light and the air bag deployed, give him a billion dollars", that their lawyers can say "funny, the speedo read 108, his foot was to the floor, and his speed reduced to 0 in .2 seconds, sounds like he was moving to me"

    4. Re:phew by Rallion · · Score: 3, Funny

      My friend had a 1998 Neon! Then somebody rear-ended him.

      The car was totalled.

      From a simple stop-sign rear-ending.

      Good luck with that!

    5. Re:phew by djh101010 · · Score: 1

      So...do you drive your Neon at 98MPH often?

    6. Re:phew by Anonymous Coward · · Score: 0

      you should be arrested simple for driving a neon

    7. Re:phew by eyegone · · Score: 1


      I'm pretty sure that a Neon isn't capable of travelling at 98 MPH (unless it's loaded in a truck).

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    8. Re:phew by evil_one · · Score: 1

      Oh, they are...
      Well, at least the stock 99s are. (99s were the last of the "original model" neons, with the frameless door windows.)
      There's a beautiful stretch of road across the top of Toronto, called the 407 ETR - it's a Toll highway, and it's in the best shape of any highway in Canada. Anyway, yes. A Neon can safely do 98MPH, I've done it on the ETR.

      --
      Desperation is a stinky cologne
    9. Re:phew by Zeriel · · Score: 1

      Eh, my stock 2k3 Neon SXT can do 110 MPH easily, though I haven't pushed it as hard as it can go yet.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
  6. On the BMW motorcycle list i subscribe to by Tran · · Score: 2, Interesting

    there was a discussion regarding this type of evidence. The lawyer and the engineering types where wondering as to the accuracy/reliabilty factor of these automtive black boxes. This of course would be the challenge in court...

    1. Re:On the BMW motorcycle list i subscribe to by cluckshot · · Score: 1

      This is not an invasion of privacy or a violation of "Probable Cause." It isn't even a proof of offense. It was supportive evidence which might lack some degree of accuracy but the Violation was absolutely clear.

      I have no problem with us using data such as this to support response to clear violations. This man actually had comitted an offense that sans the box we still would have good reason to do what was done. With the box data there is simply more assurance that justice was served. I mean the guy was hit and killed wasn't he? That alone was enough evidence. The issue of care and etc only was valued as part of determining what to do.

      Electronic evidence and such should be used this way. The problem only arises when some moron in the legal system decides that he should have the right to convict you if DATA alone arrives showing a "violation."

      This is a profoundly different case in Canada than in the USA. In the USA pure evidence of a "violation" does not constitute "Probable Cause" for a warrant for arrest. In Canada where your rights come not from "God" but by permit from the state, such a "violation" alone is sufficient to cause legal action.

      This is the difference between a "Stoplight" camera which gives tickets and a person seeing the running of the stoplight and seeing a problem arise. The issue is if an injury is extremely likely to happen or has happened as opposed to merely an event happening.

      --
      Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
  7. Banned for life by l33t-gu3lph1t3 · · Score: 2, Insightful

    Little bastard should be barred from having a license to operate any vehicle, for life.

    --
    ------- "From bored to fanboy in 3.8 asian girls" ----------
    1. Re:Banned for life by rasteri · · Score: 1

      Little bastard should be barred from having a license to operate any vehicle, for life.

      Even a segway?

    2. Re:Banned for life by Oliver+Wendell+Jones · · Score: 1

      Even a segway?

      Ok, a Segway, but only with the low-speed key...

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    3. Re:Banned for life by gbjbaanb · · Score: 1
      in related news today,

      Banned driver caused double fatal
      or, from last year.. Carr, who was driving a stolen vehicle, already had 89 previous convictions for driving offences


      Personally, I'd be in favour of removing their legs, but then they'd get disability allowances and be given a specially modified vehicle.

    4. Re:Banned for life by Pieroxy · · Score: 2, Insightful

      I don't think so. Cars are not a commodity like cellphones or other gadgets. You can actually kill people with it.

      Now I'm not saying everyone having a deadly accident should be banned for life. But going at 3X the speed limit and not even releasing the gas pedal before impact with a real person is a bit irresponsible to me.

      Talk about this being extreme to the poor victim's wife and kids...

    5. Re:Banned for life by rjelks · · Score: 1

      I doubt that would be much consolation to the person that got hit. If you are going to drive recklessly, you should have to pay for your actions. I you get lucky and don't hit someone, then great...but if you do, you deserve to lose your license and your freedom for a very long time.

    6. Re:Banned for life by tricops · · Score: 1

      Nah, a modified Segway that can decide to suddenly stop and toss him if it thinks he's going to fast, or maybe it would just do that for fun...

      --
      (\(\
      (^v^)
      (")")
      This is the cute vorpal bunny virus, copy to your sig or runaway, runaway in fear!
    7. Re:Banned for life by eyegone · · Score: 1


      But going at 3X the speed limit and not even releasing the gas pedal before impact with a real person is a bit irresponsible to me.

      I bow to your mastery of understatement, sir!

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
  8. Bloack Boxes are certified by whom? by nonregistered · · Score: 4, Insightful

    This is disturbing. Maybe the box in my car is broken and 'stuck at 98'.

    1. Re:Bloack Boxes are certified by whom? by MindStalker · · Score: 1

      Well as he hit another vehicle at that speed I'm sure the resulting collosion provided evidence that he was going close to that speed. But the blackbox not only confirmed the speed but showed that he didn't hit the break.

    2. Re:Bloack Boxes are certified by whom? by ErroneousBee · · Score: 1

      There will be other evidence too, like tyre marks on the road. The box will also have its own self diagnostic and the police will be able to verify its accuracy by testing it.

      --
      **TODO** Steal someone elses sig.
    3. Re:Bloack Boxes are certified by whom? by LostCluster · · Score: 4, Insightful

      The black box speed can be compared against the accident damage. Based on where the cars land at the end, the math can be done to get back to the original speeds. The black box would just be a checksum at that point.

      Really, this thing is better at ruling out theories that didn't happen than proving ones that did. This guy was caught dead to rights already, the black box just supported a case that was already made.

    4. Re:Bloack Boxes are certified by whom? by Anonymous Coward · · Score: 5, Insightful

      The man was not found guilty based solely on the black box's evidence. The black box's data was just one part of the evidence that led to the man's conviction. If the black box showed one thing and all other evidence contradicted it, then the black box data would be suspect and taken less seriously, or dismissed outright.

    5. Re:Bloack Boxes are certified by whom? by bruthasj · · Score: 1

      Regardless, you still struck and killed a guy. You don't need a box to tell us that.

      thanks.

    6. Re:Bloack Boxes are certified by whom? by garcia · · Score: 1

      what if you become airborne with your foot still on the pedal? The tire speed will quickly accelerate and could be reporting false numbers before the sensor detects the crash.

    7. Re:Bloack Boxes are certified by whom? by br0ck · · Score: 1

      Plus, what if the accelerator sticks? The black box evidence would just show that you didn't release the accelerator. If fact, that could have happened in this case. It happens more often than you'd think.

    8. Re:Bloack Boxes are certified by whom? by Dun+Malg · · Score: 2, Insightful
      what if you become airborne with your foot still on the pedal? The tire speed will quickly accelerate and could be reporting false numbers before the sensor detects the crash.

      I reckon you gotta be moving pretty fast to be airborne for the 5+ seconds necessary to fill the device's b uffer with erroneous data. I think it's safe to assume that if the box was wrong for that reason, it might as well have been right...

      --
      If a job's not worth doing, it's not worth doing right.
    9. Re:Bloack Boxes are certified by whom? by rjelks · · Score: 1

      Really, I think if you were airborne, lol, you were driving a bit too fast anyway.

    10. Re:Bloack Boxes are certified by whom? by Anonymous Coward · · Score: 0
      Try this. Push your accelerator to the floor, now push your break. The car stops (loudly). Don't want to risk your car? Do it in your head. Which changes your car's speed faster? It's the breaks.

      Run away cars are usually caused by the driver mistaking the accelerator for the break and being to stupid/surprised to turn the engine off.

      This has nothing to do with the case, because the driver never claimed the accelerator was stuck.

    11. Re:Bloack Boxes are certified by whom? by Anonymous Coward · · Score: 0

      BRAKE dammit BRAKE

    12. Re:Bloack Boxes are certified by whom? by Anonymous Coward · · Score: 1, Informative

      what if you become airborne with your foot still on the pedal?

      A non-issue.

      The tire speed will quickly accelerate and could be reporting false numbers before the sensor detects the crash.

      No, one of two things would happen.

      #1: speed is measured at the rear wheels (for a front-wheel drive). Ever floor your car in mud? The wheels spin, but the speedo doesn't say you're doing 200Mph

      #2: Even if speed is measured at the drive wheels, the acceleration reported would be so high as to be impossible. "Hey - he accelerated to 200Mph in .1 seconds. Seeing as the car weighs 1500lbs, that means his engine was producing over 1000 horsepower."

      Either one would make someone investigating the case realize what had happened - and if prosecution attempted to present it at trial anyway, the defense could get the whole thing thrown out by simply showing common sense.

    13. Re:Bloack Boxes are certified by whom? by lcsjk · · Score: 1

      I was in San Francisco. What is that word BLOACK anyway?

    14. Re:Bloack Boxes are certified by whom? by kitzilla · · Score: 1
      Okay: plead that in court. If you're right, other physical evidence (skid marks and how far things flew after impact) should see justice through.

      But it seems to me that the black box readings were directly relevant to the case, and the driver got off outrageously easy for taking a human life so recklessly.

      --
      This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
    15. Re:Bloack Boxes are certified by whom? by confused+one · · Score: 1

      The data is time stamped.

    16. Re:Bloack Boxes are certified by whom? by Anonymous Coward · · Score: 0

      tyre

      Tyre?! TYRE?!!?

      How old are you?

    17. Re:Bloack Boxes are certified by whom? by Idarubicin · · Score: 1
      Try this. Push your accelerator to the floor, now push your break. The car stops (loudly). Don't want to risk your car? Do it in your head. Which changes your car's speed faster? It's the breaks.

      Er, no. Don't do it in your head. Find someplace safely empty and try it. Your car will not stop.

      Ask a driving instructor. (A competent one, who is properly trained.) They have a brake pedal on the passenger side of the car, but they'll tell you that they've been trained to actually reach over and shut off the car's ignition if the student driver won't get off the gas. You can't stop a car at full throttle with just brakes.

      Incidentally, after a modest period of time your brakes will heat to the point that they start boiling brake fluid. Then you'll be in a world of trouble, because you'll have essentially no braking ability even if you let off the gas.

      Your observation that 'runaway' cars are usually caused by inept drivers pushing the wrong pedal is spot on. Nevertheless, there are a few well-documented cases of throttles genuinely sticking due to mechanical or electrical failures.

      --
      ~Idarubicin
    18. Re:Bloack Boxes are certified by whom? by Octagon+Most · · Score: 1

      "You can't stop a car at full throttle with just brakes."

      Huh? That's some unusual engine you are running if it is more powerful than your brakes. According to this helpful page from Advance Auto parts, "All modern braking systems are many times more powerful than the vehicle's engine, so at full throttle, even a very powerful vehicle can be easily stopped with the brakes."

      "Your observation that 'runaway' cars are usually caused by inept drivers pushing the wrong pedal is spot on."

      You're right there. A "60 Minutes" report on so-called unintended acceleration nearly drove Audi out of business back in the 80's. No one wanted to dispute the claims of people who run over their own children in their garage from a pedal mistake so the car company was demonized. I seem to recall that an Audi exec demonstrated to the press how much more powerful the brakes on the Audi 5000 were than its engine. He revved a car to the red-line and shifted into drive with the brake depressed and the car did not move. He also stopped quickly from 60 mph with the accelerator floored. (Anyone else remember this? It seems so long ago.)

    19. Re:Bloack Boxes are certified by whom? by FrankDrebin · · Score: 1

      This is disturbing. Maybe the box in my car is broken and 'stuck at 98'.

      Having your box stuck at Windows 98 is *beyond* disturbing. Oh wait.

      --
      Anybody want a peanut?
    20. Re:Bloack Boxes are certified by whom? by TheRealStubot · · Score: 1

      Ok, this is probably flame bait, but here's another permutation.

      I frequently legally drag race my car at the local dragstrip. I never engage in this practice on public roads, and never will. However how's the black box going to know the difference? At 5 seconds, there's little chance of a foulup, but if my black box says I went 120MPH last night, will I have to go to court with records to prove my innocence?

      Recording the last 5 seconds, even the last minute is a great thing and has lots of arguements for it. But recording longer than that complicates things.

      --
      "I'd rather win in an ugly car than lose in a pretty car" - Jari Lahdenpera
    21. Re:Bloack Boxes are certified by whom? by AC5398 · · Score: 1

      *the black box just supported a case that was already made*

      There's a case in Ontario where a man was accused of speeding by witnesses, causing an accident that involved 6-10 other cars. Witnesses told police that he'd been speeding. His black box told police that he had not been speeding and had attempted to brake. He was not charged.

      If I remember right, police in Ontario either need permission from the car owner or a warrant to obtain data from a car's black box, but the insurance company has the right to complete access to any and all data on the black box.

    22. Re:Bloack Boxes are certified by whom? by Old+Wolf · · Score: 1

      What if it was stuck at 88? Then you just have to say 'I have fresh Plutonium in my Flux Capacitor, Sir!!' and it will prove you were not going that fast. Cogito ergo sum. etc.

    23. Re:Bloack Boxes are certified by whom? by adamfranco · · Score: 1

      #1: speed is measured at the rear wheels (for a front-wheel drive). Ever floor your car in mud? The wheels spin, but the speedo doesn't say you're doing 200Mph

      On my car, a 93 Acura Integra (Honda), the speed is most definately measured at the drive wheels. Once, on a nice snowy day I floored it and got the front tires spinning at 80mph in 5th gear while crawling forward (up a slight hill) at walking speed. The nasty smell of hot rubber and road salt -- as well as the thought that this probably wasn't going to be all that good for my drivetrain should the tires catch -- convinced me to let off a bit. :-)

      P.S. Doing doughnuts in an empty, snowy parking lot is probably one of the best things one can do to improve their driving skill. This activity should be encouraged.

      --
      "When ideology and theology couple, their offspring are not always bad but they are always blind." -- Bill Moyers
    24. Re:Bloack Boxes are certified by whom? by sharkdba · · Score: 1

      BRAKE dammit BRAKE

      I you have to comment on spelling, how come you didn't comment on "Bloack"? Missed an opportunity there.

      --
      The purpose of life is to find the purpose of life.
  9. How is this a privacy issue? by kognate · · Score: 5, Insightful

    They forget to mention that if you are accused of breaking the law you can use the black-box to prove you weren't.

    It's just an instrument measuring the state of the car. People don't call Odometers a "privacy issue".

    1. Re:How is this a privacy issue? by gowen · · Score: 1

      Not to mention the fact that this thing has only a four second memory. Thats like having your privacy intruded upon by the guy from Memento's somewhat non-retentive goldfish.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:How is this a privacy issue? by Kombat · · Score: 1

      They forget to mention that if you are accused of breaking the law you can use the black-box to prove you weren't.

      Only if you were still involved in an accident. If you're pulled over for speeding, you can't cite your black box as evidence that you weren't, because it only records the last 5 seconds of data prior to an airbag deployment. No airbag (that is to say, no crash), no data.

      However, if you meant that you are being blamed for an accident that wasn't your fault, then yes, in that case the data could be used to exonerate you.

      --
      Like woodworking? Build your own picture frames.
    3. Re:How is this a privacy issue? by nharmon · · Score: 3, Insightful

      Having a black box in a car is not a privacy issue per se. However, abusive use of the data it stores may be.

      We have a terrible track record in the United States (although this occured in Canada, it could have just as easily happened here) when it comes to punching holes in privacy rights.

      In Michigan, we have what is called a "implied consent law". What this means is that if you are stopped by a police officer on a public road, he can ask you to take a breath test for alcohol without even reasonabl suspicion. If you refuse, your driver's license is automatically suspended.

      What I see happening is a similiar "implied consent" law apply to black boxes. Any time you are stopped, the police officer will not need any probable cause to search the records in your black box...this is because you "implied consent" by driving on the public roads.

      So you see, this could very much become a privacy issue.

    4. Re:How is this a privacy issue? by js3 · · Score: 2, Insightful

      I see zero problems with this. the black box should be mandatory. It will only take a close relative or family member to get run down by some idiot for you to come to the same conclusion. People should not be allowed to get away on a technicality when they committed a crime

      --
      did you forget to take your meds?
    5. Re:How is this a privacy issue? by Anonymous Coward · · Score: 1, Interesting
      Right, because the last 4 seconds is going to give the officer so much information that it will be enough to send you to jail. Lets see what he would get:
      • second 4: stopped
      • second 3: stopped
      • second 2: stopped
      • second 1: stopped


    6. Re:How is this a privacy issue? by Anonymous Coward · · Score: 0

      In Michigan, we have what is called a "implied consent law". What this means is that if you are stopped by a police officer on a public road, he can ask you to take a breath test for alcohol without even reasonabl suspicion. If you refuse, your driver's license is automatically suspended.

      Same here in Massachusetts; it is illegal to refuse a breathalyzer. But since the penalty is less than for a drunk driving conviction, it is common knowledge that if you are driving intoxicated you should refuse the breathalyzer anyway.

    7. Re:How is this a privacy issue? by Paulrothrock · · Score: 1

      Getting your license involves giving your consent to a breath test whenever demanded by an officer. You signed something like that when you got/renewed your license. If you want to drive (a privilege), you have to consent. Period. Got a problem? Don't drive.

      Also, what is the last four seconds of you being stopped going to tell the officer? You were slowing down, then you stopped. That's all that will be on there.

      As long as it's not 24 hours + GPS location, then I have absolutely no problem with a system that records my car's state for the last few seconds before a crash. hell, it would probably lower my insurance rates, and may exonerate me.

      --
      I'm in the hole of the broadband donut.
    8. Re:How is this a privacy issue? by Budha_man_99 · · Score: 1

      I see your point, but if these black boxes only record the last 5 seconds of your driving then what is wrong with just taking 5+ seconds to safely pull over to the side of the road? Besides in a crash during the last 5 seconds before impact I don't think there us much you can do to make your driving any safer.

      --
      Why do we correct our criminals but punish our children?
    9. Re:How is this a privacy issue? by schon · · Score: 1

      Any time you are stopped, the police officer will not need any probable cause to search the records in your black box

      Oh bullshit.

      First of all, the black box only records 5 seconds worth of data. If you're pulled over by a cop, he already knows what you were doing during those 5 seconds, because he was there. He won't *need* the black box, because his eyes can tell him everything he needs to know.

      Second of all, do you really think that a cop pulling you over is going to have the tools necessary to remove the box from you car and interpret the data on it? Yeah, that's gonna happen.

    10. Re:How is this a privacy issue? by 0x0d0a · · Score: 2, Insightful

      I am a pretty big privacy nut, and I *still* don't think that the last five seconds of your driving represent a really big issue in privacy.

      I think that a lot of people on Slashdot oppose anti-speeding measures because they speed and want to continue to do so. Let's even assume that you are one of these people. If you're going 100MPH and you have to slow down safely, find a spot to pull over, and actually do so, even if the recorder stops when the car is stopped, there's going to be nothing left on the recorder of you travelling 100MPH.

      I can see car-based devices becoming privacy issues. I just plain can't *imagine* how people could complain about a five second black box recording.

      I especially can't see how people can back this guy. He was (a) driving three times the speed limit in a crowded area, (b) made no attempt to slow down, (c) lied about both his speed and his actions during the crash, (d) his lies were already shot down by other evidence, and prosecutors just wanted more firm data, and (e) killed someone. The main argument I see from the "I want to speed" fans is still "I can handle that speed" -- this guy clearly couldn't, was going faster than any human could reasonably handle themselves (in such an environment) and *killed* someone.

      Heck, he still got an awfully light sentence, IMHO. If you are going through reckless disregard for human life to this kind of extreme degree (where you were probably bound to kill someone within two or three repetitions of the behavior) *and* kill someone *and* lie about your actions, I'd say that eighteen months in jail is awfully nice.

    11. Re:How is this a privacy issue? by kabocox · · Score: 1

      You should move out of Michigan or work to change the laws if you don't like them.

    12. Re:How is this a privacy issue? by madcow_ucsb · · Score: 1

      Interesting. Here in CA, a lawyer I asked about that said the opposite. Refusing means automatic license suspension (plus I dunno how big a fine, etc.), and if you *are* convicted of a DUI and you had refused, your penalty is going to be a whole lot worse.

      So, in CA, his advice was to *never* refuse the test.

      Never liked that law. I can't believe that it's allowed by the 4th/5th amendments. Hell they won't even let you talk to a lawyer first...

      Of course, IANAL...and I've never driven drunk so I've never been in a position to find out first hand how it works.

    13. Re:How is this a privacy issue? by Quimo · · Score: 1

      With a history of only five seconds prior to an accident this data would be of no use in any situation other than an accident. Most speeders take longer than that to get out there drivers licence.

    14. Re:How is this a privacy issue? by Kiryat+Malachi · · Score: 1

      The Michigan law is, to my knowledge, very typical for many US states.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    15. Re:How is this a privacy issue? by stratjakt · · Score: 1

      This whole story is ridiculous.

      The physics of a car crash are relatively simple. Black box or not they could easily calculate that he was going around 150kph based on the evidence at the scene - skid marks, damage to the vehicles, angle of impact, etc..

      The black box is just another piece of evidence. If they went to court with the black box alone the defense lawyers would eat them for lunch. They show up with photos of demolished cars, diagrams of 100 foot long skid marks, etc, etc..

      At that speed, with that serious of a collision, proving the guy was driving recklessly would be like shooting fish in a barrel.

      --
      I don't need no instructions to know how to rock!!!!
    16. Re:How is this a privacy issue? by Octagon+Most · · Score: 1

      I'm not a black box expert, but I am guessing that the device stops recording at impact, perhaps triggered by an airbag deployment. The last five seconds before that are what is relevant.

    17. Re:How is this a privacy issue? by Anne+Thwacks · · Score: 1
      It was not the black box that jailed him, it was killing someone by dangerous driving.

      Even with no black box, the victim would still be dead, and the driver still in jail.

      But if you were the victim's relative, you may be interested to know that the driver failed to apply the brake befire killing your loved one.

      I can see it now.... "Its not cars that kill people, its CANADIANS" :-)

      --
      Sent from my ASR33 using ASCII
    18. Re:How is this a privacy issue? by Tokerat · · Score: 1


      There is no impact when you pull over, so the device keeps recording. If an officer where to read the information, he would see pretty much what happened between the time he walked from his car to yours, namely nothing.

      --
      CAn'T CompreHend SARcaSm?
    19. Re:How is this a privacy issue? by Anonymous Coward · · Score: 0

      No, it will take people getting killed in car accidents where, if there would have been some sort of black box system, there would be sufficient evidence to convict, but the perp got away for lack of evidence, or the lawyer for the perp argued successfully to create doubt in the jurors' minds against any relevant evidence.

      People always do get away on technicalities or challenged successfully on technicalities. Look at recent Tyco and Martha Stewart trials...

    20. Re:How is this a privacy issue? by AK+Marc · · Score: 1

      I can see car-based devices becoming privacy issues. I just plain can't *imagine* how people could complain about a five second black box recording.

      Let's say that you are speeding. You are going slower than the flow of traffic at 60 in a 55 when everyone else is going 70. Someone breaks multiple laws to hit you. They have an older car without a black box (or their car didn't receive enough damage to trigger the snapshot).

      When the court date comes, your black box will show that you were breaking the law at the time you hit the other person. Other than the your-word-against-theirs part, the only person that can be "proven" to have broken the law will be you.

      I see that as a privacy issue. You are required to have a device in your car that will be recording you and can be used against you at a later time.

    21. Re:How is this a privacy issue? by AK+Marc · · Score: 1

      The advice in TX is the opposite. Always refuse the test if you think you are drunk or may be. Your license will be suspended (but would be anyway if you blow bad). If you blow drunk, then you will be convicted (not a certainty, but the way it generally works). If you don't blow, then you can fight it in court and they are not allowed to use the fact you didn't blow against you.

      IANAL, and all that.

    22. Re:How is this a privacy issue? by yarbo · · Score: 1

      I, or any independant neutral parties, can read my own odometer. Only my automobile manufacturer can read the data in my black box.

  10. Slippery Slope? by BandwidthHog · · Score: 2, Insightful

    While this may well be the beginning of a horrible slippery slope, it's hard to feel for the driver in this case. Three times the speed limit? Fuckin' hang him.

    --

    Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    1. Re:Slippery Slope? by Temfate · · Score: 1

      I don't know... I've managed 4 times the limit before, but that's only possible because the school zone lights were flashing...

    2. Re:Slippery Slope? by Anonymous Coward · · Score: 0

      I can't even imagine the most hard-core tinfoil hatter crying for rights or privacy. This is a good thing, in this case.

    3. Re:Slippery Slope? by EisPick · · Score: 4, Insightful

      In addition to that, the data from the black box was available because the driver caused an accident.

      If it's a slippery slope, random trawling for speeders is a long way down the slope from collecting all available data at the scene of an accident.

      Why not draw the line at probable cause, just like we do with other sorts of data collection? If you cause an accident, I don't see any reason why the police should limit the kinds of evidence they collect about the cause of that accident. I don't see that as a slippery slope to anything, other than locking up more homocidal maniacs.

    4. Re:Slippery Slope? by rjelks · · Score: 4, Insightful

      I'm one of the tinfoil-hat-wearing, privacy-concerned people here, and this blackbox doesn't bother me in the least. I'm concerned about devices that monitor/collect information all of the time. GPS speeding tickets anyone? The way I see this is, you've got just as much chance of this saving your butt if your not at fault. These devices work both ways. If an accident is questionable, this could prove you were not at fault. Call me when they start adding speed governers to cars or mailing speeding tickets from GPS readouts.

    5. Re:Slippery Slope? by JDBrechtel · · Score: 1

      Off topic, but I *LOVE* your sig.

      "September 11th was a faith-based initiative."

    6. Re:Slippery Slope? by BandwidthHog · · Score: 1

      Thanks. People have been declaring me Friend at an alarming rate lately, so I figure that's gotta be why. (It certainly ain't the crap I've been posting!)

      Also, I can't claim it as my own. Shit, now I feel obligated to go track down the /. user I snaked it from.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    7. Re:Slippery Slope? by BitterOak · · Score: 1
      These devices work both ways. If an accident is questionable, this could prove you were not at fault.

      That would be even worse. What's to stop me from tampering with my box so as to report I never speed, then driving with impunity at insane speeds killing people.

      Unless you believe in "trusted systems" (which most Slashdotters don't seem to) you should never trust the validity of any device in control of a user which is used to exonerate the user.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    8. Re:Slippery Slope? by rjelks · · Score: 1

      If it can be proven in court that these "blackboxes" can be tampered with, I think the point is moot anyway. Either they're trusted or not. I still don't see this as a threat to privacy. Now, if they start recording more time and broadcasting the information....that wouldn't be as neat.

    9. Re:Slippery Slope? by Anonymous Coward · · Score: 0

      Call me when they start adding speed governers to cars...

      What's your number? My Camaro tops out at 190 km/h, though this can be modded to eliminate the restriction. Okay, I realize you meant a lower limit, but still...

  11. This is a non-story by TrentL · · Score: 4, Insightful

    I just can't get angry at this. Most modern cars already have data recorders that monitor what was happening when the "Check Engine" light goes on.

    If black boxes mean I have an objective witness when some a-hole hits me at 98mph, I say bring on the black boxes.

    1. Re:This is a non-story by strike2867 · · Score: 2, Funny

      You already have an objective witness, your death certificate.

      --

      Vote for new mod!!! Score:-2,Imbecile
    2. Re:This is a non-story by Tet · · Score: 3, Insightful
      I just can't get angry at this. Most modern cars already have data recorders that monitor what was happening when the "Check Engine" light goes on.

      I can get angry about it when people start suggesting that black boxes shoulld be mandatory, and that's the next logical step in this case. Once they start being used in court, there will be increasing pressure to make it a legal requirement for all cars to have them. My car doesn't have a black box. Should I be forced to install one, presumably at my own expense, just because I don't want to buy a new car? That's where this is headed, and I don't like it. Nor do I like the assumption that the government has the right to know what I'm doing and how I'm driving. As for the legal rammifications, I don't like those much either. How was the black box calibrated? When was it last calibrated? what are the error margins on its measurements? What safeguards are there to prevent the data being tampered with after the accident?

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    3. Re:This is a non-story by Krieger · · Score: 1

      Except it won't help you at all. Specifically in the case that you mention.

      Black boxes only retain the last five seconds. And if you're speeding or accused on speeding, you're not in an accident so it won't stop recording. Your true speed will vanish from the box, in oh about five seconds. Which if you have to slow down after you see the guy with the lights, and then have to pull over, will be long gone by the time you've stopped.

      Black boxes are only useful in accidents, unless we want to expand their surveillance powers, and add some option to allow drivers to freeze the data on the recorder for court purposes.

    4. Re:This is a non-story by alan_dershowitz · · Score: 5, Insightful

      It only records 5 seconds worth of data, and stops when you hit something. I'd be more worried if it recorded 24 hours and had GPS in it. I am worried if it has no tamper protection though.

    5. Re:This is a non-story by DrFrob · · Score: 5, Insightful
      I can get angry at this:

      He is also barred from driving for the next three years.

      WTF? He's had two accidents within the last three years due to wreckless driving, one of which kills someone, and they're only going to take away his license for three years!

      Once you kill someone due to wreckless driving you should loose your driving privilages permanently. Assholes like this and the courts that fail to appropriately punish them are the reason why my insurance bills are so rediculous.

    6. Re:This is a non-story by Planesdragon · · Score: 5, Insightful

      That's where this is headed, and I don't like it.

      Are you familiar with the logical fallicy called "Slippery Slope?"

      The argument about whether or not these can be used against you is lost (or won, depending on your POV). The next argument will be either "should these be required on all new cars" or "should taking these be standard procedure", and after both of those, mabye, we'll argue about retrofitting old cars.

      But you're not required to install an airbag on your 1960s muscle car, so don't expect to be forced to install a black box, either.

    7. Re:This is a non-story by Kombat · · Score: 5, Insightful

      Nor do I like the assumption that the government has the right to know what I'm doing and how I'm driving

      Curious comment, considering the government already has this "right," by virtue of the fact that your driving license is a privilege, and not a right. Ergo, you posess the license at their discretion.

      As for them monitoring your driving, are you not aware of the hundreds of thousands of speed traps, and automated red-light/photoradar camera installations that populate the continent? They do have a right to know how you're driving, and they are exercising that right vigorously, daily.

      As for calibration errors, I think it's a non-issue. If you're involved in a collision in which your bumper is crushed, but the rest of the car is intact, and the black box claims you were impacted the tree at 182 MPH, I'm pretty sure common-sense would prevail and the data would be discarded.

      --
      Like woodworking? Build your own picture frames.
    8. Re:This is a non-story by sphealey · · Score: 5, Funny
      He's had two accidents within the last three years due to wreckless driving, one of which kills someone,
      Normally I think spelling flames are pointless, but the difference between reckless and wreckless was too good to let go by!

      sPh

    9. Re:This is a non-story by Mercenary_56 · · Score: 2, Informative

      My car doesn't have a black box. Should I be forced to install one, presumably at my own expense, just because I don't want to buy a new car?

      Lets see, how many cars made before the smog requirements got so strict were forced to have smog equipment installed at the owners expense?

      You still don't have to wear a seatbelt in your car if it was made with no seatbelt.

      All of this and I live in California - the most anal of them all. Looking at the past it is not very likely that they would ever require all cars without a black box to have them installed.

      --
      /* Insert some overused slashdot quote here */
    10. Re:This is a non-story by mOdQuArK! · · Score: 1
      Once you kill someone due to wreckless driving you should loose your driving privilages permanently.

      Actually, "negligent homicide" might be more appropriate...

    11. Re:This is a non-story by Pig+Hogger · · Score: 4, Interesting
      I can get angry about it when people start suggesting that black boxes shoulld be mandatory, and that's the next logical step in this case.
      Of course they should be. No one blinks at the mention of having event recorders installed on trains and planes; why should'nt they be installed on automobiles?

      Driving a car is not a right, but a privilege exerced in public view. Why should you then have any expectation of privacy whilst driving a car? To hide the fact that you are driving in a way that endangers public safety?

      You can be pulled over anytime by a cop whenever he sees you driving like a dumbfuck, so what's the difference if it is a blackbox that nails you? Because you can't get away with it anymore?

      What DO YOU have so special as to be able to break the law and endanger other people???

      Besides, blackboxes are coming anyways. Some years back, in a computer project management class, we had to pick a law-enforcement theme computer project (the teacher has a day job with the $FEDERAL_POLICE_AGENCY).

      Bad driving being my major pet peeve, I naturally proposed a computerized driving monitor that would automatically ticket drivers whenever they break traffic laws, thus freeing police for more useful work such as cracking down on criminal spammers.

      Well, lo and behold, when he saw the proposal, he curtly refused it with "this is coming anyways"...

      So, it's only a matter of time before Big Brother will be your co-pilot...

    12. Re:This is a non-story by medscaper · · Score: 4, Funny
      If you're involved in a collision in which your bumper is crushed, but the rest of the car is intact, and the black box claims you were impacted the tree at 182 MPH

      When I was a kid, and you hit a tree at 182 MPH, you knew it, by God.

      --
      Any sufficiently well-organized Government is indistinguishable from bullshit.
    13. Re:This is a non-story by whathappenedtomonday · · Score: 1
      you're not required to install an airbag on your 1960s muscle car

      but you'll surely be happy that you have one installed - if you happen to hit a tree or something :)

      same with the black box; the streets could become a lot safer, if more people drove their cars knowing that their (mis)behavior is recorded.

      --
      I hope I didn't brain my damage.
    14. Re:This is a non-story by SaucyWrong777 · · Score: 2, Interesting

      Nor do I like the assumption that the government has the right to know what I'm doing and how I'm driving.

      I'm going to go out on a limb and say that you do not have a reasonable expectation of privacy when you are driving in your car. If you're a hazard on the road, that's my problem just as much as it is yours. You should not expect a right to privacy when you're cruising down the highway.
      On the other hand, you should expect a right to justice if you get slammed by a bad driver. Black boxes eliminate subjective accounts of car accidents.

    15. Re:This is a non-story by rah1420 · · Score: 1

      I, for one, welcome our new black-box overlords.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens.
    16. Re:This is a non-story by Ringel · · Score: 1

      It appears that the black box gives data without context. That is my only actual grievance.

    17. Re:This is a non-story by roccothegreat · · Score: 1

      I can get angry about it when people start suggesting that black boxes shoulld be mandatory.

      Get angry? MOST planes (non-commercial or commercial) have black boxes. Planes are a form of transportation, cars are a form of transportation. Why shouldn't cars have em? I am totally for it. This way, it might get some of the maniacs off the road. BTW, I am from AZ and we have the highest red light running in the country (this might make half the idiots here more cautious).

      Tim

    18. Re:This is a non-story by BandwidthHog · · Score: 2, Insightful

      I'd be worried just as much about them having tamper protection, although for different reasons. Seems like things under the hood could get very DMCA-ish very quickly.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    19. Re:This is a non-story by Anonymous Coward · · Score: 5, Insightful
      As for calibration errors, I think it's a non-issue. If you're involved in a collision in which your bumper is crushed, but the rest of the car is intact, and the black box claims you were impacted the tree at 182 MPH, I'm pretty sure common-sense would prevail and the data would be discarded.

      Your example is completely loaded. A more likely example is one where there is an accident without clear fault and the black box records one car at 56 (in a 55) and the other at 54 (in a 55). The calibration of one box by 1 MPH could mean the difference between fault and no-fault for some people. Additionally, some speedometers are inaccurate too, so if the black box is measuring speed from something like a speedometer this might still be an issue. This is especially true on older cars where the cars' settings aren't as tight as they were when it left the factory.

      Your circular reasoning in regards to the government's supposed right to monitor our driving habits is blatant. Just because the government has the ability to monitor us, and just because it does monitor us, does not mean the government has the right to monitor us!

      The government is constantly testing its powers and hopefully some court cases will come up challenging the government's most recent driver monitoring techniques.

      Furthermore, speed traps are not a very good example of this kind of monitoring because they are done by humans for public safety. Contrast that with the machine operated red light cameras and black boxes, and I think you'll see there is a clear difference. The ethical distinction here is, in my mind, the difference between humans being held responsible by machines v. humans being held responsible by other humans. IMHO a cop sitting at a stop light giving red light tickets is justified while privately owned and operated red light cameras giving out tickets is not.

    20. Re:This is a non-story by Anonymous Coward · · Score: 0

      Why can't we have some discipline in this society? The proper response to this kind of behaviour is execution by lethal injection. This would also have the advantage of making the debate about whether the murderer should retain his driving privileges superfluous.

    21. Re:This is a non-story by AsbestosRush · · Score: 1

      See, the problem with this is the same one I've brought up again and again in these situations: If you start taking licenses away, you will just have more unlicensed drivers on the road. This statement is true in the U.S., at least where I live, anyway.

      The other part of the problem comes in when you reply "well, let's just jail them", which also won't happen. There's no easy fix here, as much as many people, including myself, would like one.

      As someone who commutes with a motorcycle, I take idiots who don't drive well, or worse, choose not to drive well very seriously.

      --
      EveryDNS. Use it. It works.
      AC's need not reply
    22. Re:This is a non-story by ReTay · · Score: 1

      Note that if you leave a heavy object in your driveway and don't mind a little damage to your car they will just have a tape of you bumping whatever. No so hard to go around..

    23. Re:This is a non-story by Lars+T. · · Score: 1

      100$ that they would have jailed him even without the black box. Even though CSI isn't all that realistic, forensic analysts would have found out more or less what the black box told them - just at a much higher cost.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    24. Re:This is a non-story by wafath · · Score: 1

      Lets try this from another angle.

      The box is, in a way, a computational device, yes?

      The box belonged to the driver, yes?

      Did the police get the owner's full permission to access the computer? Or a court order?

      It not, and it were in the US, he could charge the police under the same laws used to prosecute hackers. This strategy will work for about one case till the police get smart and go through the hoops.

      W

    25. Re:This is a non-story by Strange+Ranger · · Score: 1, Insightful

      "Slippery Slope" is a logical fallacy when used in a logical conversation about logical things.

      When discussing law, politics, and romance "Slippery Slope" is just how things work. Please see: War on Drugs, War on Terror, "War of the Roses".

      --

      Operator, give me the number for 911!
    26. Re:This is a non-story by cr@ckwhore · · Score: 1, Interesting

      "I'd be more worried if it recorded 24 hours and had GPS in it."

      "Onstar -- Always there. Always ready."

      --
      Skiers and Riders -- http://www.snowjournal.com
    27. Re:This is a non-story by Anonymous Coward · · Score: 1, Insightful

      Actually, I would say that you do have a right to privacy. What you don't have is the right to hide or obscure things that would normally have been visible to an outside observer in the event that there had been an outside observer. Ie. if you want to put your luggage in your trunk, you can do that without people knowing that it's full of latex and bondage gear. However you can't drive through a school zone at 150 mph.

    28. Re:This is a non-story by sootman · · Score: 4, Insightful

      Something else the tinfoil-hat-crowd keeps forgetting is that driving is, almost by definition, done *in public*. *Anyone* has the right to observe you by whatever means they wish. This is *not* "two-consenting-adults-in-their-own-bedroom" stuff we're talking about here.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    29. Re:This is a non-story by uberdave · · Score: 1

      They haven't make cars without seatbelts since 1967.

    30. Re:This is a non-story by Gildor · · Score: 1

      >Nor do I like the assumption that the government has the right to know what I'm doing and how I'm driving

      If you cause an accident they have every right to know. Its no different than an eyewitness stating that you were driving recklessly. In fact, its more reliable than an eyewitness.

    31. Re:This is a non-story by tsg · · Score: 1, Flamebait

      What DO YOU have so special as to be able to break the law and endanger other people???

      The rather large jump-to-conclusion your making here is that violating the law necessarily endangers other people every single time. It does not.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    32. Re:This is a non-story by Anonymous Coward · · Score: 0

      Lets try this instead.

      The car was involved in an accident

      The car is now impounded under state law as evidence

      Since all items in the car are covered under that law they too become evidence and can be searched including the black box.

      Case Closed

    33. Re:This is a non-story by Dumass · · Score: 1

      Seeing as speedometers in newer cars are almost entirely electronic, I would imagine it gets its speed data from that. So long as your tire size is the same as OEM, the speedometer should be correct.

      Other information that would is recorded (position of accelerator and brake pedal, etc) is used by other systems in the car (ABS, fuel injection, all-wheel-drive, just to name a few). Seeing as this information is already being monitored accurately enough to make the car run properly, I would imagine that it's accurate enough to tell whether you were doing 100 or 30 and how far open the throttle was at the time of impact. In some cars, the car even uses this information to tailor itself to your driving habits (by setting transmission shift-points, etc.). It's particularly annoying in rental cars for obvious reasons.

    34. Re:This is a non-story by Anonymous Coward · · Score: 0

      Damn... need to grammar check better next time :)

    35. Re:This is a non-story by Anonymous Coward · · Score: 1, Funny

      Yea, and I drove a 1949 Plymouth. What's your point?

      No turn signals or side mirrors, either.

      No seatbelts required, although we did add airplane lap belts.

    36. Re:This is a non-story by Leon_Trotsky · · Score: 1
      because they are done by humans for public safety.

      Hello? We're talking about an inocent bystander getting hamburgered by a fuckhead driving at 160km/h in the downtown core, this would probably classify as a violation of basic public safety...

      If you don't think technology is capable of what we create it to do:
      A) What the blue fuck are you doing reading slashdot?
      B) You should find a non-tech time machine, because technology monitors you every day, and will do more so in the future.

      --
      Ohhh! Pay Dirt! A pair of half-eaten choco-pants!
    37. Re:This is a non-story by nlindstrom · · Score: 1

      And will you be angry when you're forced to get your car smog-checked at your own expense? What's the difference?

    38. Re:This is a non-story by Anonymous Coward · · Score: 0
      Once they start being used in court, there will be increasing pressure to make it a legal requirement for all cars to have them.

      Could this happen in the U.S.? IANAL, but could evidence like this be excluded using the 5th ammendment protection against self incrimination? It may be tempting to dismiss the suggestion out of hand, but I think there is more gray area here than one might initially think.

    39. Re:This is a non-story by fsbilly · · Score: 1

      The government indeed has a right to know how you're driving. You are licensed to drive. Operating a vehicle is not protected in any constitution. You want unmonitored freedom to travel? WALK.

      I personally don't mind having the black box. The only time it'll be used is if I bite it, anyway. Maybe they should hold even more info. That way, when you purchase a car, it'll tell you right away what it's been through.

      Bring on KITT!

    40. Re:This is a non-story by Chris+Carollo · · Score: 1
      As for calibration errors, I think it's a non-issue. If you're involved in a collision in which your bumper is crushed, but the rest of the car is intact, and the black box claims you were impacted the tree at 182 MPH, I'm pretty sure common-sense would prevail and the data would be discarded.
      Well, sure, obvious cases would be thrown out. But what if you were driving exactly at a 65mph speed limit when someone pulled out in front of you, and your black box said you were going 80mph, potentially making the accident your fault? (or at least causing a speeding citation)

      If punishments are going to be meted out based on these things' values, we better be sure that they can be trusted.
    41. Re:This is a non-story by TrickyRick · · Score: 2, Informative


      I guess rental cars have all of that.
      I have heard of people getting billed for taking a vehicle out of state, because the car knows when they crossed the state line. I guess people that live close to the state line don't think about it until they get charged for it.

    42. Re:This is a non-story by Nevo · · Score: 3, Insightful

      If you don't think that 24-hr recorders with GPS are the next step, you're not thinking.

      The current crop of black boxes really isn't all that scary. But the slippery slope we're on (as others have pointed out) is VERY scary.

      After we get 24 hour recording with GPS, the next step is... what? Remotely accessible by law enforcement? Perhaps video recording as well?

      Scary scary scary.

    43. Re:This is a non-story by GreyPoopon · · Score: 1
      My car doesn't have a black box.

      Does your car have an airbag? If so, you most likely have the black box, too.

      Should I be forced to install one, presumably at my own expense, just because I don't want to buy a new car?

      I think this is highly unlikely. It's more likely that all NEW cars will be required to have them, with the expectation that the majority of the population will have a newer model within the next decade. Anybody know what the statistics are for cars on the road with airbags?

      Nor do I like the assumption that the government has the right to know what I'm doing and how I'm driving.

      I partly disagree with you on this one. I don't think that the government has a right to keep tabs on every second of your driving record, but if you're involved in an accident, I think they have a perfect right to see the last four or five seconds of driving data, which is all the black box records. The only differences between this and having a police car sitting at the accident site are mostly addressed by your next questions...

      How was the black box calibrated? When was it last calibrated? what are the error margins on its measurements? What safeguards are there to prevent the data being tampered with after the accident?

      In my mind, these are the most pertinent questions, and should be taken into consideration when admitting black-box data as evidence. I wonder if anybody knows the answers. The other really important thing, from a legal standpoint, is that owners need to be explicitly notified that their automobile records this kind of data. If black boxes are mandatory on all cars, there is no reason for failing to notify the consumer. If owners know that their automobile contains equipment that may convict them, they are less likely to be driving at three times the speed limit, thus stopping a deadly accident BEFORE it happens rather than sentencing them after someone has been killed.

      Now, I personally draw the line at collecting more than the last few seconds of data or transmitting the data to some authority on some periodic basis. There have been plenty of reasons why I was forced to drive at substantially above the speed limit (although not thrice) and it would be very unfair for any authority to make judgements on how safe of a driver I am without being able to see first-hand the situations I was in.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    44. Re:This is a non-story by CrayzyJ · · Score: 2, Insightful

      "As for calibration errors, I think it's a non-issue. If you're involved in a collision in which your bumper is crushed, but the rest of the car is intact, and the black box claims you were impacted the tree at 182 MPH, I'm pretty sure common-sense would prevail and the data would be discarded."

      This is an extreme example. What about your are involved in a collision (no such thing as an accident), and the box says you were going 5 MPH over the posted limit due to a calibration error. You get whatever punishment although you may have done nothing wrong. It only takes 1 MPH to make something your fault (pending circumstance, etc.)

      --
      Holy s-, it's Jesus!
    45. Re:This is a non-story by neonduckshoe · · Score: 1

      I agree. I have no problem with the boxes for a number of reasons. I think most of the folks objecting to them need to readjust their foil hats since mandates on automobiles are seldom retroactive. A couple of quick thoughts though: 1) The real story for me is: Man KILLS another human through recklessness; get's off with 18 months. 2) Does anyone remember a guarenteed RIGHT to drive an automobile ? I don't. I don't live in Cananda, but here is the US where you have a right to bear arms, and a privilege to drive it's substantially easier to get a car than a firearm. Given the discrepency of the body count on those two devices, and the seeming inability for anyone to drive at posted limits, perhaps it's time to apply the same criteria to cars as guns...

    46. Re:This is a non-story by Karl+Cocknozzle · · Score: 1
      I just can't get angry at this. Most modern cars already have data recorders that monitor what was happening when the "Check Engine" light goes on.

      If black boxes mean I have an objective witness when some a-hole hits me at 98mph, I say bring on the black boxes.

      The issue isn't whether you drive too fast or not, or even whether the car has a diagnostic recorder that can provide info in the event of a crash... The issue, as it is with all privacy matters, isn't the existence of the info, but what gets done with it. I don't object to a diagnostic computer to make my car work better, not at all. But if the government can sieze that data and force its admission into the record in a court of law against my wishes, this is a really chilling and unpleasant situation.

      At least in ths USA, what this comes down to is the right not to incriminate yourself in court. The question is this: Since the car's data belongs to me (my car, my data,) does forcing presentation in court violate my 5th Amendment right against self-incrimination? Some people would say yes, including me. Automatically stripping you of the right not to incriminate yourself when you turn that key is a good step towards eliminating in totality for everyone, which would be an ugly situation indeed.
      --
      Who did what now?
    47. Re:This is a non-story by operagost · · Score: 1

      Sorry, but your argument is just a rewording of the tired assertion that "if you're not doing anything wrong, you have nothing to hide" rhetoric that has been used to violate people's human rights for all of time. This dangerous line of reasoning could be used to justify monitoring any activity, and limiting the use of any device that isn't explicitly protected by law. For example, browsing the internet could be considered a "privilege exerced [sic] in public view."

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    48. Re:This is a non-story by thomasdelbert · · Score: 1
      Well, sure, obvious cases would be thrown out. But what if you were driving exactly at a 65mph speed limit when someone pulled out in front of you, and your black box said you were going 80mph, potentially making the accident your fault? (or at least causing a speeding citation)
      There are two faults with that argument:
      1. If someone pulled in front of you and you rear ended them, it is likely that you will be held accountable for the accident, no matter how blatantly you were cut off and how impossible it was for you to avoid the idiot and how fast you were going at the time.
      2. The police can usually calculate your speed at the time of impact based on the condition of the wreckage to a remarkable degree of accuracy - this device simply saves them time. You have to remember that in Canada (at least in Alberta - I don't know about Quebec), the mounties can close a highway all day to investigate a collision if they wat to. Typicly they won't unless the case is of particular notoriety.
      Most provinces and states require the determination of who is at fault in all reportable accidents. Motor vehicle collisions account for approximately 80% of tort law (X sueing Y) cases in these states and the high legal fees and invesigation costs for accidents make insurance more costly for everyone. Anything to reduce the costs while improving road safety is a benefit for everyone.
      You aren't loseing any privacy by a five-second recorder because it's blatantly obvious where you've been. The recorder doesn't provide any data that can't be ascertained through other, more costly means.

      Just my $0.02

      - Thomas;
      --
      ___ This sig is in boldface to emphasize its importance!
    49. Re:This is a non-story by SethJohnson · · Score: 1

      Your existing car would be grandfathered in the same way that all other vehicles don't have to be re-fitted to match current regulations. If you have a pre-1964 automobile, it doesn't need a catalytic converter. If you have a pre-1945 motorcycle, you don't have to have a headlight. Older cars also don't need those additional brake lights installed top-center-rear.

      Essentially, don't sweat this. You can always keep your old car.

    50. Re:This is a non-story by Anonymous+Cow+herd · · Score: 1

      If you read the article, it states that the black box was actually used to corroborate the forensic findings.

      --
      Ita erat quando hic adveni.
    51. Re:This is a non-story by Tet · · Score: 1
      No one blinks at the mention of having event recorders installed on trains and planes; why should'nt they be installed on automobiles?

      Sigh. I really shouldn't feed the trolls, but since you apparently can't see the difference, trains and planes take fee paying customers, who are putting their lives in the hands of the driver/pilot of that vehicle. I'm fully in favour of buses and taxis having black boxes. Private vehicles are different, though.

      What DO YOU have so special as to be able to break the law and endanger other people???

      So you'd be happy for the government to install a closed circuit television camera in your house to ensure that you're not building bombs or refining heroin? It's OK. It's not monitored consistently. It only holds the last 24 hours at any one time. And it's only checking that you're not breaking the law and endangering the lives of others. The presence or absence of a black box has no bearing on my abilty to break the law. I'm merely saying that I should be free to go about my business (lawfully, of course) without governmental interference.

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    52. Re:This is a non-story by DrFrob · · Score: 1

      Without a license, you can't get insured and screw with rates. If you get caught without a license, you get fined or worse which would give reckless drivers incentive to slow down and pay attention.

    53. Re:This is a non-story by 4of12 · · Score: 1

      Once they start being used in court, there will be increasing pressure to make it a legal requirement for all cars to have them.

      Count on insurance companies either requiring black boxes, or else charging more for cars without black boxes.

      On the plus side, if the boxes are in the control of the driver, only record a limited snippet of trajectory close to the time of an accident, then they might be useful for exposing the truth.

      But exposing the truth requires you trust the context in which you're exposing it. We need increasingly more trustworthy authorities and mechanisms for insuring they stay trustworthy if we are to feel comfortable about exposing private information to them.

      --
      "Provided by the management for your protection."
    54. Re:This is a non-story by rjstanford · · Score: 1

      At least in ths USA, what this comes down to is the right not to incriminate yourself in court. The question is this: Since the car's data belongs to me (my car, my data,) does forcing presentation in court violate my 5th Amendment right against self-incrimination? Some people would say yes, including me. Automatically stripping you of the right not to incriminate yourself when you turn that key is a good step towards eliminating in totality for everyone, which would be an ugly situation indeed.

      Here's a thought - how would that change if the car you were driving was leased, rather than owned by you? I don't see that leins would have much of an effect, but a lease or rental would be a completely different legal animal.

      --
      You're special forces then? That's great! I just love your olympics!
    55. Re:This is a non-story by Zan+Lynx · · Score: 1

      The right not to incriminate yourself only applies to yourself, not objects or recordings. If you write something down, it is evidence. If you say it on the phone while the FBI is recording, its evidence. If it's in your car's black box, it is evidence.

    56. Re:This is a non-story by Shwilmo · · Score: 1

      So you'd be happy for the government to install a closed circuit television camera in your house to ensure that you're not building bombs or refining heroin Once again, you ignore the fact that driving is an inherently public act. This whole argument about "you let them put a black box in your car, next thing you know it'll be a camera in your house" is getting tired, and it's incredibly inane and ignores how different driving is from private matters.

    57. Re:This is a non-story by markalot · · Score: 1

      I don't understand.

      If your in a plane and the black box records pilot error caused a crash, and assuming the pilot survived, would you want him held accountable.

      It seems to me like the current knee jerk reaction is to tie everything to a privacy issue instead of looking at it as an accountability issue. Your worried that a black box that records car parameters in the last 5 seconds before impact will suddenly transform into a black box that records everyplace you've been too? I would call that paranoia (irrational fear).

    58. Re:This is a non-story by Ixitar · · Score: 1

      I like these black boxes for the automobiles. I wish I had one when I was in an accident.

      The car in front of me stopped. I stopped with inches to spare. The car in back of me hit me and pushed me into the car in front of me. The driver behind me said that I hit the car in front of me first (of course). The driver in front of me was not sure. The black box would have shown that the driver behind me was lying.

      Black boxes record the data. It is up to you to control your actions. If the black box recorded and transmitted the data on a regular basis, then I would have a problem with it.

    59. Re:This is a non-story by fucksl4shd0t · · Score: 3, Insightful

      Just because the government has the ability to monitor us, and just because it does monitor us, does not mean the government has the right to monitor us! (emphasis removed due to laziness, refer to the original post if you want to know where it was)

      Yes and no. The government has a responsibility to enforce certain laws enacted by legislation. Specifically, the cops have this responsibility. Setting up a speed trap is perfectly legal. Setting up a speed trap next to my 10 acre parcel is perfectly legal. Me posting a sign on my land indicating this speed trap is also perfectly legal. ;)

      The cameras are, in fact, legal as well, and have been tested in court already. The cameras were determined to be legal, but taking a picture of the man and his not-wife lover and including it in the ticket, thus causing a divorce that was already inevitable (apparently), is not legal because it's a violation of privacy. What's the difference between a speeding car getting caught by a speed trap with a real cop in it and a camera? (obviously, the difference is knowing who is in the car and actually holding them responsible, but it's been upheld in court so far)

      --
      Like what I said? You might like my music
    60. Re:This is a non-story by WNight · · Score: 1

      Not at all, as long as the tampering merely renders the device obviously untrustable. If you want to crack it open, go for it. But law enforcement can't trust it so you'll need a fresh one to actually drive with. As long as a few people are willing to buy and crack one open, no new technology (remote checking, etc) can be built in without people finding out.

    61. Re:This is a non-story by fucksl4shd0t · · Score: 1

      There is context. you've just been in a wreck, and they have the whole scene laid out already. Now they have the black box, too, to give some indicators of what you were doing right before the wreck.

      --
      Like what I said? You might like my music
    62. Re:This is a non-story by Anonymous Coward · · Score: 0

      Jump to conclusions is a fun game playable by all, just unroll the durable mat and..............

    63. Re:This is a non-story by WhatsAProGingrass · · Score: 1

      Remember the article about the cop recording chat room conversations with the petifile? The petifile had no idea that he was being recoreded, no consent. I wonder if this guy can claim the same thing? Do you think that the fine pring on his contract said that he was being recorded? I think that stealing is less of a crime than killing someone. But killing someone on accident even though he was speeding sucks. I bet 95% of drivers have tested their car speeding before, anyone of of them could have killed someone. I for one try hard not to do anything stupid in a car.

      --
      Mark
    64. Re:This is a non-story by Anonymous Coward · · Score: 0

      Yes, most things where you throw roughly 13+ billion at the problem reveal some solutions. But that doesn't mean what's come up with are any good.

      Take the US population x percent that drives x # of cars/person (there are more cars than people in the US even if you only look at private individuals--it averages more than one) x $100 for the cost x 100% (# of cars that have full blown monitoring so cops couple issue tickets). You enter the double digit billion range VERY quickly.

      Even considering huge expected decreases due to economies of scale and the eventual falling demand as cars are outfitted, it's a false need inflated by overbearing regulatory wannabes.

      Joy. Always amazes me how people can be so against DRM in a computer chip but a similar issue (DRM on human activities) gets pointed as proof that more regulation is needed.

      Fits the majority mentality on /. though--don't touch my tech, but regulate my neighbor.

    65. Re:This is a non-story by I8TheWorm · · Score: 1

      I haven't seen any precedence yet for forcing people with older vehicles to comply with modern laws. A great example of that not happening is vehicle inspection in Harris County (Houston), Texas. Vehicles older than 1976 do not have to have the emissions tested as part of the inspection because vehicles typically didn't have smog pumps before then. Nobody is making people with a 72 Dodge Dart add a smog pump.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    66. Re:This is a non-story by Chrispy1000000+the+2 · · Score: 0

      Ah, this is slashdot, it would be "one-consenting-adult-in-his-own-bedroom", not two. You must be new here.

      --
      Sig
    67. Re:This is a non-story by EvilBudMan · · Score: 1

      --Should I be forced to install one, presumably at my own expense, just because I don't want to buy a new car?--

      Hopefully there will be a "Grandfather" clause.

    68. Re:This is a non-story by juhaz · · Score: 1

      Since the car's data belongs to me (my car, my data,) does forcing presentation in court violate my 5th Amendment right against self-incrimination?

      No more so than any other things that belong to you. Things like murder weapons, accidental or intentional recordings of you doing bad things, etc. You know, usually grouped together under the title "evidence".

      Some people would say yes, including me.

      Really? Would you say so to all of the above then, also? You should be perfecly free to kill someone and film the process, and that should not be allowed to be used against you because it's "your data"?

      If would be forced by the government to log your actions, then it probably would fall under self-incrimination, but if not, the fact that it's "your data" or "your property" does not have anything at all to do with it.

    69. Re:This is a non-story by Anonymous Coward · · Score: 0

      trains and planes take fee paying customers, who are putting their lives in the hands of the driver/pilot of that vehicle.

      Trains? True. Planes? Commercial airliners yes, but do you really thing private planes don't have black boxes?

    70. Re:This is a non-story by The+Spoonman · · Score: 1

      Nor do I like the assumption that the government has the right to know what I'm doing and how I'm driving.

      Not trying to start a flame war, but spoken like someone who doesn't get that legally, driving is a privledge, not a right.

      --
      Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
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    71. Re:This is a non-story by ShecoDu · · Score: 1

      There's nothing wrong about that... I'm a good driver, I don't think the police is going to bother following me.

      About the remotely accesible by law enforcement, more than scary that's dangerous, I wouldn't release something like that to the public in a world where there's a lot of people cracking security systems to use them for they own good or something.

    72. Re:This is a non-story by sootman · · Score: 1

      You're right, I am new here. I mugged a guy for this (relatively) low UID.

      Nice try. :-)

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    73. Re:This is a non-story by foidulus · · Score: 1

      Something else the tinfoil-hat-crowd keeps forgetting is that driving is, almost by definition, done *in public*. *Anyone* has the right to observe you by whatever means they wish. This is *not* "two-consenting-adults-in-their-own-bedroom" stuff we're talking about here
      What if your car is your bedroom?

    74. Re:This is a non-story by DunbarTheInept · · Score: 1

      The slippery slope is not a logical fallacy. It's perfectly valid - it's just that it's often based on a false premise. If the premise "X always leads to Y" is true, then the conclusion that "If Y is undesirable then X should be undesirable also" is a perfectly valid line of reasoning. The problem is that the premise "X always leads to Y" is often false. It's often an argument that is valid but based on an incorrect premise. The way to defeat a slippery slope argument if you don't agree with it is NOT to just label it a fallacy and leave it at that. It's not a fallacy. The way to attack a slippery slope argument if you don't agree with it is to point out that X does not necessarily lead to Y, and when you do that, you are engaging in the practice of shooting down an argument by shooting down one of it's premises - which is a method that works even on valid arguments. (Which the slippery slope argument IS.)

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    75. Re:This is a non-story by Anonymous Coward · · Score: 0

      This is a non-story because the guy was driving in Montreal...

      Have you ever driven in Montreal? He was probably just trying to keep up with the rest of the traffic...

    76. Re:This is a non-story by DunbarTheInept · · Score: 1

      The next time someone advocates a black box that automatically fines you for speeding, ask them this: It would be trivial to put a governing device on a car that prevents the car from going over a top speed equal to the max speed limit in your area (like 65 miles per hour in most US states, for example). So why isn't this being done? Because there are always circumstances which are exceptions to the rule. There can exist situations during which speeding is acceptable because of a larger problem occuring (like driving a friend to the hospital who's going to die in a few minutes if not treated, or trying to get away from a madman chasing you, or temporarily breaking the speed limit for a few seconds to evade someone about to collide into your side.) These circumstances are things you can explain to a human being writing you a ticket, who can observe the exceptional circumstances on his own, but you can't explain them to a machine that's automatically giving you a fine.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    77. Re:This is a non-story by tsg · · Score: 1

      but do you really thing private planes don't have black boxes?

      Having flown private planes, I can tell you they don't all have them. The planes I flew at most had an emergency locator transmitter which was only activated in the event of a crash and only served to locate the plane. There was nothing on board which recorded anything about what the plane was doing before it crashed.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    78. Re:This is a non-story by Schion65 · · Score: 1

      If you're going to go to all the trouble of monitoring and ticketing every transgression of a driver, then why not simply prevent them from commiting such a transgression? I realize that, in terms of technology, there is a difference between these two things. However, implementing one without the other is a bit like putting a hat on the ground with a brick under it. To quote Douglas Adams.

    79. Re:This is a non-story by nologin · · Score: 1
      If that makes you mad, maybe this will light a bigger fire.

      In Ottawa, Canada, one police officer killed a civilian in a car crash while he was responding to a call. The only thing he is getting is 6 months of house arrest. He isn't even going to jail for the equivalent of vehicular manslaughter.

      Back on topic, I don't see much of problem with this instance of the black box. We already have these in aircraft. The only problem is that we should inform drivers that such a monitor exists as they should have the right to know that it is there.

    80. Re:This is a non-story by Anonymous Coward · · Score: 0

      I hope your tinfoil hat is comfy.

    81. Re:This is a non-story by tsg · · Score: 1

      Once again, you ignore the fact that driving is an inherently public act.

      And your ignoring the fact that simply because it happens in public does not give the government the right to monitor every aspect of it.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    82. Re:This is a non-story by DunbarTheInept · · Score: 1


      You can be pulled over anytime by a cop whenever he sees you driving like a dumbfuck, so what's the difference if it is a blackbox that nails you?

      A cop has a brain that understands more than a few simple variables, and five senses that can detect some kinds of extenuating circumstances - like the collision you had to speed up to escape from, or the dying friend in the passenger seat of the car in which you are rushing to the hospital.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    83. Re:This is a non-story by Planesdragon · · Score: 1

      The way to attack a slippery slope argument if you don't agree with it is to point out that X does not necessarily lead to Y, and when you do that, you are engaging in the practice of shooting down an argument by shooting down one of it's premises - which is a method that works even on valid arguments. (Which the slippery slope argument IS.)

      1: I did "shoot down" the premise.

      2: Every argument, even the logically wrongheaded ones, are "valid." The logical fallicies are just very easy ones to refute.

    84. Re:This is a non-story by Nalmar · · Score: 1

      For me, there a much more important important issue than privacy and possible corruption of the result here ( which in itself, is already a good reason to oppose to such a thing ) : it one more of those kind of thing you can't defend yourself against. Even if there is an error/calibration/precision margin issue, there's no way to use it in court unless you got the money for a lawyer, and not a lower end lawyer, one with a clue that cost a lot and you can afford to bring an expert on your side, you can't argue the black box result.

      Speaking with experience, owning a working brain with logic functionality is not enough to make even the most basic common sense argument in court. You can bring every technical literature you want on a device, if you're not an certified in the particular device, your argument is automatically dismissed. Whether you try a very evident angle or range argument on a speed radar or even the side and angle of collision with picture to prove your point, you'll be asked in what way you're an expert in the matter.

      I'm referring to the canadian court system here but I'm pretty sure everything is also true for american and a lot of other country systems.

      --
      It's not because we laugh that it's funny
    85. Re:This is a non-story by Jardine · · Score: 1

      That's why I've painted my car pink, purple, and vomit green and installed a SEP (someone else's problem) field generator. Now my car is effectively invisible!

    86. Re:This is a non-story by DunbarTheInept · · Score: 1

      The speedometer only measures based on multiplying the revolutions of one of the wheels by the presumed circumference of the tire on that wheel. This is only an accurate measure of your speed when all the following conditions are true:

      1 - The tires have perfect friction with the road and are not slipping in the slightest.
      2 - The tires are inflated to the exact expected level.
      3 - The car is going straight forward (the speedometer measures from just one of the wheels, so when the inner wheels of the turn are moving slower than the outer wheels, it will give a false speed.)

      In an accident, those might not be true - especially not the first and third ones. If the accident occurred in slippery conditions, the speedometer's readings will be completely wrong. Not just a little bit wrong, but totally disconnected from the actual speed of the car. If you spin your wheels tring to move along on ice, the speedometer can claim you're going 40 miles per hour when you're only going about 5, or visa versa, the when your wheels lock up on ice when trying to stop, the speedometer will claim you went to a speed of zero in an instant, when you are actually still sliding along very fast.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    87. Re:This is a non-story by Jardine · · Score: 1

      The reason this guy had an accident is because he was only driving 157km/h in Montreal. That's too slow to keep up with the rest of the traffic.

    88. Re:This is a non-story by Anonymous Coward · · Score: 0

      After we get 24 hour recording with GPS, the next step is... what? Remotely accessible by law enforcement?

      I suspect you might come to think both of those very desirable if the person driving your car had just stolen it from you.

      I completely fail to understand paranoia as applied to motor vehicles. I can see why it's an invasion of privacy for a police officer to be reading my email, but why on earth should I be bothered that they know someone (not necessarily me) drove my car to town two days ago?

    89. Re:This is a non-story by Pig+Hogger · · Score: 1
      Sorry, but your argument is just a rewording of the tired assertion that "if you're not doing anything wrong, you have nothing to hide" rhetoric that has been used to violate people's human rights for all of time.
      Driving a car is **NOT** a human right.
    90. Re:This is a non-story by Pig+Hogger · · Score: 1
      Sigh. I really shouldn't feed the trolls, but since you apparently can't see the difference, trains and planes take fee paying customers, who are putting their lives in the hands of the driver/pilot of that vehicle. I'm fully in favour of buses and taxis having black boxes. Private vehicles are different, though.
      How is that? Like buses and taxis, they operate on PUBLIC roads. Why should the standards of operation of private vehicles should be different than those of public ones?

      What is the compelling reason for having different expectation of safety from private vehicles in regards to public vehicles?

    91. Re:This is a non-story by Pig+Hogger · · Score: 1

      And your ignoring the fact that simply because it happens in public does not give the government the right to monitor every aspect of it. And what bizzare law prevents the government from looking after the public welfare???

    92. Re:This is a non-story by Pig+Hogger · · Score: 1
      A cop has a brain that understands more than a few simple variables, and five senses that can detect some kinds of extenuating circumstances - like the collision you had to speed up to escape from, or the dying friend in the passenger seat of the car in which you are rushing to the hospital.
      A black-box recording can be examined in court in case of contestation, and if so, will be examined with far more brainpower a cop is able to muster.
    93. Re:This is a non-story by rat7307 · · Score: 1

      I'm a good driver, I don't think the police is going to bother following me.

      The grammar police might... :-)

      --
      Burma?
    94. Re:This is a non-story by Anonymous Coward · · Score: 0

      What safeguards are there to prevent the data being tampered with after the accident?

      A whole lot less likely than the liar behind the wheel. Many bad drivers try to lie their way out of their mistakes at other peoples expenses.

      I dare say I would trust the black box.

    95. Re:This is a non-story by tsg · · Score: 1
      And what bizzare law prevents the government from looking after the public welfare???

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized[ 1].


      Explain to me how monitoring every action of every citizen is "looking after the public welfare".

      We live in a free society. That means we have the freedom to go about our business, conduct our daily affairs, and live our lives without the government looking over our shoulders. That freedom doesn't end just because you left your house. The government should not be allowed to monitor the lives of citizens, in public or private, without very good reason. And "in case they commit a crime" is not good reason.
      --
      People's desire to believe they are right is much stronger than their desire to be right.
    96. Re:This is a non-story by Anonymous Coward · · Score: 0

      For someone so old here you display a surprising lack of understanding of the "you must be new here" joke.

    97. Re:This is a non-story by Anonymous Coward · · Score: 0

      What if the driver is receiving oral sex behind the wheel? Admittedly a bit dangerous (especially if the driver is a woman - significantly more awkward) but almost certainly not covered by any specific law. ;)

    98. Re:This is a non-story by Dumass · · Score: 1

      Speedo measures at the output shaft of the transmission on modern vehicles. I would imagine that if someone saw the car go from 100 to 0 mph in under a second, they might realize what was going on.

    99. Re:This is a non-story by Pig+Hogger · · Score: 1
      Wow! A rabid anglo-saxon.

      Only anglo-saxon have that neurotic fear of government, to the point of giving up the security a normal government yields in order to get the freedom...

      To be gobbled-up by a richer guy, or killed by a rogue driver...

    100. Re:This is a non-story by Dr+Damage+I · · Score: 1
      Something that you're forgetting is that anyone has the right to observe you using their own fucking equipment. Not mine.

      If you want to have a look at what I've recorded on my video camera (or in the black box in my car for that matter) in a public place, get a court order

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    101. Re:This is a non-story by Chris+Carollo · · Score: 1
      If someone pulled in front of you and you rear ended them, it is likely that you will be held accountable for the accident, no matter how blatantly you were cut off and how impossible it was for you to avoid the idiot and how fast you were going at the time.
      On the contrary, if they pulled out of driveway it's clearly their fault, and if they changed into my lane without proper clearance, it's also their fault.
      The police can usually calculate your speed at the time of impact based on the condition of the wreckage to a remarkable degree of accuracy - this device simply saves them time. You have to remember that in Canada (at least in Alberta - I don't know about Quebec), the mounties can close a highway all day to investigate a collision if they wat to. Typicly they won't unless the case is of particular notoriety.
      How accurately can they estimate it, though? What if the difference between you being cited and someone else being cited is 15mph? What if they estimate 65mph, but the black box says 80mph, which are they going to trust?

      If this is going to be admissable evidence, it needs to be accurate,. I don't see how that's even debatable.
    102. Re:This is a non-story by Anonymous Coward · · Score: 0
      Are you familiar with the logical fallicy called "Slippery Slope?"

      That's "fallacy" to you. And if it really is a fallacy, you are the one who is committing it by bringing up you argument:
      Slippery slope, also known as the thin end of the wedge or the camel's nose, refers both to an argument about the likelihood of one event given another, and to a fallacy about the inevitability of one event given another.
    103. Re:This is a non-story by SemperFiDownUnda · · Score: 1

      I've been involved in a ERP project (Electronic Road Pricing) in Asia where we could track a vehicle down to the lane they where driving in.

      There was alot of work that went into the mechanism so that it could not be used to actively track the vehicle while still being able to charge the vehicle for the use of the roads it was used on.

      These systems can be built for a particular purpose. I have no problems with systems that are built into things like cars that assure that we adhere to laws. You put your foot down and speed be prepared to pay the price

      What I find stupid is that with things like this most people don't care about Joe Bloggs speeding until he kills someone. We are more apt to get mad at the guy going the speed limit that killed somoene on accident then the guy that was speeding infront of him that just happen to miss the person stepping out on the road when it is the latter that statistically we have to worry about.

      If you are one of those idiots that think you can speed safely on public roads then you are just that ... an idiot. Heck I'd be all for cars that have to have constant skin contact on the steering wheel that can test blood alcohol so that people can't drive drunk but I'm sure some of you would say that is a violation of your rights. Well sorry but you endangering other peoples lives is NOT a right. Speeding, Driving under the influense .... they endanger other peoples lives beyond the accepted norm.

      To often people like Jacqueline Saburido and their families are the ones to pay for idiots that feel that it is their right to speed or drink and drive. For those people.....black boxes should be strapped to their car that locks the doors, kills the ignition and shoots a cyanide dart into the back of the driver from the drivers seat.

      Hiding being privacy issues just makes you more of a worm.

    104. Re:This is a non-story by xtal · · Score: 1


      After we get 24 hour recording with GPS, the next step is... what? Remotely accessible by law enforcement? Perhaps video recording as well?

      OBD-III, which will appear in ALL north (american) cars has this functionalty in it. I will never own a car that allows remote monitoring. Anyone who is concerned about this should have a long hard look at what is upcoming under the guise of "emissions" standards. Driving is not a optional anymore - judgements in Canada reflect that, and if I have to go back to a 1950 carbeurated corvette, I will.

      Not that it's going to matter in 25 years anyway.

      --
      ..don't panic
    105. Re:This is a non-story by Anonymous Coward · · Score: 0

      95% of drivers probably have tried speeding, or even speed fairly frequently, but not by going more than *triple* the speed limit.

      If you want to see how fast your car can go, it might be a good idea to do that on a highway.

    106. Re:This is a non-story by Money+for+Nothin' · · Score: 1

      "Slippery slope" as a logical fallacy is bullshit.

      Take Social Security numbers. It used to be that your SSN was solely for collecting Social Security -- NOT for identification.

      70 years after FDR created the Social Security Administration, our SSNs are used for everything, from collecting Social Security to applying for a credit card to applying for a job to using it as an ID number in universities (which is illegal, but is still quite widespread) to a good foundation for a national ID card.

      Sorry, but I'm familiar with the philosophical-logic fallacy of "slippery slope." I didn't buy it in class, because I proved it wrong in my example case above, and if the assertion contained in defining "logical fallacy" is not true in all cases, then the whole fallacy is logically-inconsistent -- and therefore wrong.

    107. Re:This is a non-story by DunbarTheInept · · Score: 1

      "Your honour, I'd like you to step into this time machine with me so we can go back in time and look at the event in question and I can show you what was going on..."

      Nope. Doesn't work. You need the human judgement call to be present THERE on the scene.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    108. Re:This is a non-story by DunbarTheInept · · Score: 1


      2: Every argument, even the logically wrongheaded ones, are "valid." The logical fallicies are just very easy ones to refute.

      False. "Valid" has a very specific meaning in the context of formal logic, and when you use the word "fallacy", you are invoking that context. A valid argument is one in which the conclusion MUST be true if the argument's premeses are true. An invalid argument is one where that's not the case. (even if the premises are true the conclusion could still be false). A 'fallacy' is just the word for an invalid argument of this form.

      An argument which is valid, but based on a false premise, is not a fallacy. An argument which is invalid is a fallacy, even if the premises are true, and even if the conclusion is coincidentally true. A fallacy is all about whether or not a logical path exists that necessarily leads from the premises to the conclusion, not about whether the premises or the conclusion themselves actually turn out to be true in the end.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    109. Re:This is a non-story by Anonymous Coward · · Score: 0

      I get angry when people start talking about how the government should stop me from wearing a tinfoil hat.

    110. Re:This is a non-story by tsg · · Score: 1

      Wow! A rabid anglo-saxon.

      If you can't attack the argument, attack the man.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    111. Re:This is a non-story by muskr · · Score: 1

      Come on! Don't give us that standard-issue "slippery slope" crap! If there's nothing wrong with the current technology, then who cares?

      The only reason any of those other crazy ideas would be produced would be if there were some financial interest for the auto companies or demand from law-makers. That's not likely. Current black boxes are only useful for determining what happened seconds before a crash. They can often tell if the auto-maker may be at fault in an accident (i.e. throttle stuck, brakes gave out, driver over-steered, etc..). It helps dissuade frivolous law suits, and helps engineers design safer cars. There's significant value there for both the auto makers and the public. That the boxes can also produce data that's useful for law-enforcement is incidental. There would be other data in most cases (e.g. witnisses, the lack of skid-marks, etc...) that would probably be enough to convict the driver without the black box.

      Let's also recall that there's a GPS in OnStar so if you get in an accident or want driving directions, they know your position. There's also one in modern cell phones. There are also cameras on poles around most metropolitan highways.

      The technology exists to track you, but there's one major thing missing: Someone would have to GIVE A $#!+. And somehow, I don't think that's likely. In the end, even with cameras and GPS build-in to the car, it would still be easier and more reliable to just tail you in an unmarked car.

    112. Re:This is a non-story by Chrispy1000000+the+2 · · Score: 0

      Yes, Yes it was.

      --
      Sig
    113. Re:This is a non-story by AK+Marc · · Score: 1

      Something else the tinfoil-hat-crowd keeps forgetting is that driving is, almost by definition, done *in public*.

      One thing that the anti-freedom crown keeps ignoring is that they used his private posessions against him, and that there is talk of requiring these same private posessions for all new vehicles.

      Or, to put it in a tinfoil-hat perspective, they are talking about requiring that all people on the road cary devices to monitor their actions and surrender them to authorities on demand. If that isn't privacy related, I don't know what is.

    114. Re:This is a non-story by AK+Marc · · Score: 1

      You can be pulled over anytime by a cop whenever he sees you driving like a dumbfuck, so what's the difference if it is a blackbox that nails you?

      Because I shouldn't be required to pay money to buy a device with the sole purpose of spying on me and reporting it to the government.

    115. Re:This is a non-story by thomasdelbert · · Score: 1
      On the contrary, if they pulled out of driveway it's clearly their fault, and if they changed into my lane without proper clearance, it's also their fault.
      You are correct on the driveway example, but not the lane change. If someone pulls in front of you and you hit them from behind you will likely be held at fault because it would be very difficult for you to prove that is what had happenned. Ask any trucker that's been cut off in front of a red light. The only way that the other driver would be held liable is if the point of impact was on the side of the vehicle rather than the rear.
      If this is going to be admissable evidence, it needs to be accurate,. I don't see how that's even debatable.
      A counterexample to this would be a police radar gun - usually the police office has to guess what vehicle they are actually picking up with the radar gun - yet it is still admissible in court. This black box would likely be more reliable than the police radar. Also in civil court the burden of proof is much lower than in criminal court - "on a balance of probabilities" rather than "beyond a reasonable doubt".
      --
      ___ This sig is in boldface to emphasize its importance!
    116. Re:This is a non-story by Phurd+Phlegm · · Score: 1
      In the end, even with cameras and GPS build-in to the car, it would still be easier and more reliable to just tail you in an unmarked car.

      Hmmm. I think it probably costs on the order of $50/hour to have someone "tail you in an unmarked car." That strongly limits the number of tails going on at any time. It's a little different if you can tail everyone at once. And look back at the records from last week or last month. Currently, we don't have the technology to say, "Dano, go tail Mr. Muskr last week and see who he met with."

      I think my strongest objection to this kind of thing is that I'm paying for a device that can be used against me. That just rubs me the wrong way.

    117. Re:This is a non-story by Pig+Hogger · · Score: 1

      Oh, and pray tell, why not?

    118. Re:This is a non-story by AK+Marc · · Score: 1

      Because I don't wanna.

      Are you suggesting that people should be required to pay for their own prosecution before they ever even break the law?

      But if you are demanding a legal precident, I'd see the Ammendments. Perhaps you could start with #4. If that isn't sufficient for you, let me know and I'll point you to more resources.

    119. Re:This is a non-story by Pig+Hogger · · Score: 1
      Because I don't wanna.
      Oooooh, poor little mamaboy. He don't wanna.
      Are you suggesting that people should be required to pay for their own prosecution before they ever even break the law?
      What do you think taxes are for?
      But if you are demanding a legal precident, I'd see the Ammendments. Perhaps you could start with #4. If that isn't sufficient for you, let me know and I'll point you to more resources.
      This is no problem. Just make holding a driver's licence conditionnal to a waiver of 4th amendment.
      Or, better yet, privatize road safety enforcement and road maintenance. No more nasty constitutional interference. Problem solved!!!
    120. Re:This is a non-story by Stray7Xi · · Score: 1

      trains and planes take fee paying customers, who are putting their lives in the hands of the driver/pilot of that vehicle.

      And everytime you get on the road your life is in the hand of EVERY other driver... and vice versa. If you're driving unsafely you should be held accountable for it.

      I'd go stronger then this, I think eventually there should be cameras along every stretch of road. If you speed by even 2mph it'll give you a tick... don't come to complete stop, another tick. Tailgating, reckless driving, running red lights will give many ticks. Then at the end of the month, they send you a summary of your driving offenses, if they're kept below a certain number they forgive you. Otherwise they fine you or put your license on probation.

      The problem is people have begun to think that driving unsafely is a right. Whenever some new technology comes out to help catch offenders, they dislike the technology. This is because they've gotten to use to impossible enforcement by highway patrol. No matter how hard they try they can't stop every speeder and the people realize this. You can't deter someone with .0001 odds of a really bad event, but you can deter them with a .5 odd of a medium event.

      Granted if that was to happen, some laws may need to change, as well as the signage.

    121. Re:This is a non-story by Tet · · Score: 1
      I haven't seen any precedence yet for forcing people with older vehicles to comply with modern laws.

      Here in the UK, my 1979 car has to pass an emissions test every year, despite the fact that there were no emissions restrictions in place at the time of manufacture. Furthermore, the standard it has to reach is getting more restrictive over time. What would have passed 5 years ago won't necessarily pass now (although it is at least required to reach a lower standard than those cars built since emissions limits became law). I believe some US states (e.g., California) have similar rules.

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    122. Re:This is a non-story by AK+Marc · · Score: 1

      Are you suggesting that people should be required to pay for their own prosecution before they ever even break the law?
      What do you think taxes are for?

      They are not for buying a device that follows me around and records my actions to be used against me later in court.

      Just make holding a driver's licence conditionnal to a waiver of 4th amendment.

      Because it isn't a right if you are required to give it up for something that is, in most cases, necessary for a normal life.

      Or, better yet, privatize road safety enforcement and road maintenance. No more nasty constitutional interference. Problem solved!!!

      That would have absolutely no effect on the whole matter. If a private party illegally collects evidence for the governemnt, the government usually can't use it any more than if they had illegally collected it themselves. I certainly don't see how private maintenance of the public roads would have any bearing whatsoever on this subject. Unless you are just making things up to obfuscate the point because you don't even have a point.

    123. Re:This is a non-story by Pig+Hogger · · Score: 1
      That would have absolutely no effect on the whole matter. If a private party illegally collects evidence for the governemnt, the government usually can't use it any more than if they had illegally collected it themselves. I certainly don't see how private maintenance of the public roads would have any bearing whatsoever on this subject. Unless you are just making things up to obfuscate the point because you don't even have a point.
      Sure it would. The private corporation in charges of the roads would be perfectly justifying it's refusal of letting you drive on their roads because you drive dangerously.
    124. Re:This is a non-story by AK+Marc · · Score: 1

      The private corporation in charges of the roads would be perfectly justifying it's refusal of letting you drive on their roads because you drive dangerously.

      Which is completely unrelated to what spy equipment they require be in our cars and how they sieze it to determine whether we are or are not dangerous. The government is currently allowed to ban dangerous drivers from the road (however, I think their definition what is too dangerous to drive is quite lax), so there is no effective difference between the state's ability to ban you because you are unsafe and the proposed ability of a private company to ban you.

    125. Re:This is a non-story by AsbestosRush · · Score: 1

      Without a license, you can't get insured and screw with rates. If you get caught without a license, you get fined or worse which would give reckless drivers incentive to slow down and pay attention.
      If these people have already had their license suspended, then they probably don't have insurance anyway. I don't see a fix here.
      I work for a local law enforcement agency. Just 2 days ago, a guy was busted by state highway patrol doing 65 in a 40. License had already been suspended because of excessive infractions, no insurance, no valid tag. They guy's in the county lockup right now, but he's not going to be there long.
      The problem is something that's not going to be fixed easily. If someone can come up with something short of euthanasia for fixing it, I'd (and I'm shure many others) would be interested in entertaining it.
      Here's my "discusting piece of law enforcement" link that stands as just a little more proof that this isn't going away: The first part of the story The rest of the story.
      100 days for *KILLING* someone.
      Think about that.

      --
      EveryDNS. Use it. It works.
      AC's need not reply
  12. Wow. by BiggerIsBetter · · Score: 4, Insightful

    Floored accelerator while doing 157 km/h through an intersection in a 50 zone, and not braking before collecting another car. Maybe big brother got it right for once?

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
    1. Re:Wow. by Anonymous Coward · · Score: 0

      well, he was driving a pontiac sunfire, so flooring it at that speed probably had zero effect. braking would have been nice though.

    2. Re:Wow. by Anonymous Coward · · Score: 0

      Call me old fashioned, but I am pretty sure I could have deteremined this without any blackbox.

      At least, could have estimated it closely. I know it is an estimate, but the blackbox is an estimate too. The validity of the box's data will be a point in court (which will probably be upheld).

    3. Re:Wow. by Anonymous Coward · · Score: 0

      Erm, how exactly did big brother help in this instance?

      Did it save the life of the now dead pedsetrian?

      Idiots will continue to be idiots regardless of Big Brother.

    4. Re:Wow. by imbaczek · · Score: 1
      Maybe big brother got it right for once?

      I'd say hardly so. Big brother would have given him a life sentence, as the guy's dangerous to society. (At least this would be on a par with a year in jail for recording a movie in the cinema.)

    5. Re:Wow. by Politburo · · Score: 2, Insightful

      Maybe big brother got it right for once?

      And that's why all of the sudden the discussion about automotive black boxes has gone from "How dare you?" to "This guy should lose his licence for life". "Big Brother" type technology is never feared when it is used to harrass or penalize law-breaking individuals. Most of us don't think that the FBI using Echelon or other data sifting systems to find terrorists is a bad thing. However, when those systems begin to be used outside of the original domain, the problems start. Some people are against "Big Brother" technology before it is even used on the 'bad guys' because history has shown that it has never been limited to the original domain. Social Security numbers were never meant to be used as a national identification number. RICO statutes were never meant to be used against anyone except drug dealers. Then it was the mafia, now its even politicians and other criminals. I'm not exactly arguing that these are bad things, but the fact of the matter is that it is very rare that a "Big Brother" technology or law never extends outside the domain it was originally designed for.

    6. Re:Wow. by stratjakt · · Score: 1

      No prosecutor would go into court armed with nothing but some log from some piece of electronics.

      Show a few photos of the scene, a couple diagrams of where the various bits of car wound up, and proving this guy was reckless would be a no brainer.

      The black box is just another piece of evidence, useless on it's own.

      --
      I don't need no instructions to know how to rock!!!!
  13. Excellent by USAPatriot · · Score: 5, Insightful
    Isn't this what slashdot should be cheering for, the use of technology that saves lives? What kind of privacy do you expect when you're in a 3000 lb vehicle going 90+ mph on a public road?

    These black boxes have far more benefits that outweigh any concerns about privacy. The use of them can serve as neutral observers to determine what really happened in an accident, and can help automobile manufacturers improve safety with the use of this data.

    So no, the black box didn't send him to jail. Killing a guy with his car did.

    --

    Slashdot Moderation: From positive to terrible in 2 "insightful" posts.

    1. Re:Excellent by Anonymous Coward · · Score: 0

      This story and the one titled "Projectionists Using Night Vision Goggles in Theaters" could both be summarised by a trainee editor as "Criminal convicted of committing crime", and would both be spiked by a competent editor as not containing anything newsworthy. Can we get either a trainee editor or a competent editor to join the Slashdot staff?

    2. Re:Excellent by The+Only+Druid · · Score: 1

      This is what we should be cheering, but inevitably someone will post complaining about them. Its the standard problem with the internet: some assholes who have no concerns with society but only instead worry about their own privacy are given a voice.

      --
      "Stumble before you crawl"
    3. Re:Excellent by Anonymous Coward · · Score: 0
      the black box didn't send him to jail. Killing a guy with his car did.

      Good God! A sensible comment on /. ! Whatever is the world coming to?

    4. Re:Excellent by strike2867 · · Score: 1

      Damn internet. Giving people a voice. Why can't everyone just agree with me? My opinion is always the right one.

      --

      Vote for new mod!!! Score:-2,Imbecile
    5. Re:Excellent by Anonymous Coward · · Score: 0

      I re-read this article and have yet to figure out whose life got saved by this technology. Looks like the only person in any danger of dying...died.

      That said, it's a great use of technology. But the guy killed someone with his car--forensic evidence alone would have shown he was way over the speed limit, and he would have lost his license regardless. This just gives more exact data. Yay for that I guess.

    6. Re:Excellent by Anonymous Coward · · Score: 0

      Actually it was not clear from the article if he was accused of doing anything but speeding. Just becasue he was speeding does not mean that the other guy did not run a red light. It is good that just because he was doing something really bad that the courts did not get him for much worse crimes than he commited.

      I was in an accident recently where someone ran a red light and hit me. I do not think I managed to apply the break between the time I saw her and got hit.

    7. Re:Excellent by strike2867 · · Score: 4, Funny

      I blame the guy that got killed. He went outside of his bomb shelter knowing full well that there could be someone out there that could kill him. The government should have at least put a bubble around him. It is the governments responsibility to keep us from getting injured. I will praise any Senator that proposes we outlaw knifes, forks, chopsticks. Who know what we can do to ourselves with them.

      --

      Vote for new mod!!! Score:-2,Imbecile
    8. Re:Excellent by Elwood+P+Dowd · · Score: 1

      Isn't this what slashdot should be cheering for, the use of technology that saves lives?

      Turn your threshold up.

      We're cheering.

      --

      There are no trails. There are no trees out here.
    9. Re:Excellent by The-Dalai-LLama · · Score: 1
      What kind of privacy do you expect when you're in a 3000 lb vehicle going 90+ mph on a public road?

      Agreed. I don't think privacy extends to one's public actions, and the roads are one of the few places in today's world where you are likely to be killed as a direct result of someone else's discourtesy or ignorance. As a bike rider, I'm all for it.

      If the black boxes ever start wiring home to big brother, however, I reserve the right to change my tune.

      The Dalai Llama
      ...leftist, America-loving pussy extraordinaire...

    10. Re:Excellent by Anonymous Coward · · Score: 0

      "The use of them can serve as neutral observers"

      What happens when the police decide they don't like you (or some political figure does) and the results of your black box are "adjusted"?

      I think it's a good idea - this clown clearly needed to get nailed and this helped do it. But when ANYTHING is used as evidence, one must be aware of potential misuses, and keep them in mind.

    11. Re:Excellent by merky1 · · Score: 1

      The technology itself is not what I found troublesome. It's the use of the technology that scares me.

      Look at redlight cameras. They don't bother me as long as they function properly. The issue is that some of the systems have been shown to be unreliable (creating false positives) and yet the communities that operate them do nothing.

      If the data in the black-box is only used as a component of accident reconstruction, then there is no issue. But I bet that the second someone figures out how to link (terrorism, child-safety, insert other blanket cause here) this data will become a reason to ticket people, and that is what I oppose.

      --
      --WooooHoooo--
    12. Re:Excellent by bmajik · · Score: 1

      the road to hell is paved with good intentions.

      emotionally i agree with you.

      Given how much work i do on cars, im somewhat nervous about vehicle data loggers being used as uncontestable evidence.. or evidence that is de facto uncontestable to the average jury of "peers".

      for instance - VW's are notorious for lighting up the airbag light - indicating that the airbag ecu thinks something is wrong with itself. The CEL/MIL lights on modern cars fire as a matter of course. All kinds of drivability problems on electronically managed cars really come down to the ECU making a poor decision because one of its sensors was lying to it.

      Making highly reliable decision networks for automobiles for an american public that hates to feel like they're getting scammed by mechanics, doesn't understand cars even more than it doesn't understand computers, and as a result tends to let cars fall apart rather than pay through the nose to fix them...

      is ...difficult.

      when those systems become admissable court evidence, then yes, i think everyone should be a little concerned.

      88 BMW M5 (no black box)
      88 Audi 90Quattro (no black box)
      00 VW Passat Wagon (several black boxes, including ones that record current speed, current rpm, current throttle position, etc (not sure if these have a queryable memory or just real-time logging, though)

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    13. Re:Excellent by mdielmann · · Score: 1

      It's a good start, but you're not going far enough.

      Chopsticks look a lot like branches on trees - we have whole forests of potential weapons! Cut them down, burn them up! Global warming isn't nearly as dangerous as all these weapons we have just lying around waiting to be used! Even some grasses are dangerous! There are incidents of straw being driven through a door during a tornado. We should stop growing wheat! Starvation is a small price to pay if it saves even one life!

      There, how's that?

      --
      Sure I'm paranoid, but am I paranoid enough?
    14. Re:Excellent by handmedowns · · Score: 1

      Couldn't agree more. I hate these damn "privacy" advocates.

      Typically it seems that "privacy advocate " is synonymous with "closet criminal".

      --
      The road between democracy and tyranny is paved with secrecy in the name of security.
    15. Re:Excellent by Anonymous Coward · · Score: 0

      This is a community blog - there is no need for "editors."

    16. Re:Excellent by AK+Marc · · Score: 1

      What kind of privacy do you expect when you're in a 3000 lb vehicle going 90+ mph on a public road?

      I expect the privacy that I will be able to do with my personal belongings what I want to do with them. The fact that this guy is guilty would have been found without subpoening his car and extracting out the survelance from it. People complaining aren't saying he should be let go, but that they don't like the methods that the evidence was gathered.

      I would pass a law that requires that the data be sent to the car manufacturers in order to improve safety and that it can be used in court only with the consent of the owner. If I want my personal property to support my position, I'll provide it. If not, I should be able to suppress it. That is what the right to privacy is about. I don't expect that my actions are private, but that my private property is private.

  14. How to remove these devices? by Anonymous Coward · · Score: 1

    I have posted on my car club forum (ffoc.co.uk) before about these devices, and quite frankly I find them deeply disturbing!

    As all of us Slasdot'ers know, technology isnt always all its cracked up to be, and the idea that this bit of kit could send you to jail based on some possibly accurate information stored in it is crazy!

    Does anyone know how to disable or remove them from ur car? Because I pretty sure they are not required by law here in the UK!

    James

    1. Re:How to remove these devices? by Three+Headed+Man · · Score: 1

      They can be removed by a simple procedure requiring a screwdriver and three beers.

      They still might be required by law, but the punishment will likely be a fine for not having one rather than a conviction based on the data they recovered.

      --
      I'm probably at the karma cap. Mod up a funny troll instead, it lightens the mood :)
    2. Re:How to remove these devices? by mrwonton · · Score: 1

      In many cases, I think these black boxes are integral to some of the safety systems in the car, unless you'd rather be without airbags.

      Myself, I don't see a problem with them, at least not in this context. It could be an issue if they can get at this information on a whim, but thats not what happened here. The data was used to convict someone who I'd say, in this case, was quite solidly guilty. If these boxes are sending out your driving habits to your the police or your insurance company, that would be one thing, but the last 5 seconds before an accident? That could actually be some useful data to have.

      --
      Not more than you need, just more than you want
    3. Re:How to remove these devices? by shlomo · · Score: 1
      you mean not required YET :)

      Most people wont care about the issue , if it becomes required, better go get those beers now.

      --
      sorry officer, left my sig in my other computer.
  15. Wrong by blinder · · Score: 5, Insightful

    Automobile Black Box Sends Driver to Jail

    Um, no. Actually driving like a criminal, and using one's car as a weapon is what sent this scum bag to jail. The "black box" just helped make sure this freak is off the streets.

    1. Re:Wrong by Col.+Panic · · Score: 0, Redundant

      98 in a 30, vehicular manslaughter, not a first offense, and the defense calls 18 months "very, very severe?" i think he got off light.

    2. Re:Wrong by (1)down · · Score: 1

      Exactly! How much info from the black box was required for them to figure out that this man was going a HELL of a lot faster than 50

      --
      my other sig is a commando
  16. Countermeasures by Anonymous Coward · · Score: 1, Funny

    Lead-lined beaded seat covers and tinfoil driving gloves will become all the rage.

  17. Only 18 months? by alptraum · · Score: 4, Interesting

    He only got 18 months for killing a man? For the speed he was going I would really expect a longer sentance.

    1. Re:Only 18 months? by DFJA · · Score: 1

      In the UK drivers often get off with a 200 (USD350) fine and a one month ban for killing a pedestrian or cyclist. If there is no proof that they were speeding or in some other way driving dangerously, the system fails the more vulnerable road user very badly. But yes with proof of his speed, he should be locked away for a very long time.

      --
      43 - For those who require slightly more than the answer to life, the universe and everything.
    2. Re:Only 18 months? by gkelman · · Score: 1

      So if he killed the man at 5mph, he should have got a lesser sentence? How does this make sense? If he'd killed him with a cuddly toy, should he just have been let off?

      The problem with longer sentences is they often are hard to follow, especially when people forget to use commas.

    3. Re:Only 18 months? by Grab · · Score: 5, Insightful

      Dead right, man.

      His lawyer is apparently whining "we'll have to appeal this very, very harsh sentence". Harsh?! 18 month sentence (and let's be honest, that only really amounts to 12 months inside) for killing someone?! Shit, the kid should be thanking his lucky stars *I* wasn't handing down that sentence...

      Hitting someone when you're doing 157km/h in a built-up area is not an accident - it's like standing on a crowded subway, pulling out a pistol, closing your eyes and pulling the trigger. Maybe you won't hit anyone, but that's only by luck. That speed on the freeway, fair enough if you can handle it. But in a built-up area, no way.

      Grab.

    4. Re:Only 18 months? by Deflagro · · Score: 1

      No kidding, and given the fact that he didn't even brake! Who knows, maybe he swerved. This is Montreal after all. That sounds more like it should be manslaughter but then again IANACL.

      --
      Der Tod ist der einzige Weg hier raus!
    5. Re:Only 18 months? by NorthDude · · Score: 1

      Yes, I find all this insane...A guy goes 3 times the speed limit and KILL someone, yet he get 18 months in jail. Another one records a movie in a theater and could get 12 months. Wow, great priorities as a society!

      Both had done something illegal, I just find it disgusting to see the court "punishement" sometimes...

      --


      I'd rather be sailing...
    6. Re:Only 18 months? by Anonymous Coward · · Score: 0

      One problem with QC Canada is that they are "scared" to give criminals what they REALLY deserve. If this man was in the U.S, he'd go who knows how long and if he was in an arabic country he'd get his dick chopped off probably.

      He should never get a license from this point on (3 times the speed! sensitive pedals my ass) and he should be sent for like 20-30 years since his stupidity and careless behaviors killed somebody and troubled the psychological state of his relatives.

      As for the blackboxes, have nothing against them since all they do is provide information and nothing more. The problem is how will the driver react with these given informations.

    7. Re:Only 18 months? by Anonymous Coward · · Score: 3, Informative
      Where the heck do you live? It makes perfect sense.

      If he had been doing 5mph, then he wouldn't be going to jail at all, because he wasn't doing anything wrong. The reason that he is going to jail is because he was doing some illegal (i.e. driving recklessly over the speed limit) and it resulted in someones death.

      It is all about intention, not the tool. If you kill a man with a cuddly toy, but you were trying to kill him, then it is murder. If you hit someone in a car doing 5 mph, it is an accident. If you were doing something illegal that caused the accident, then it is manslaughter.

    8. Re:Only 18 months? by An+Onerous+Coward · · Score: 1

      You just don't get it. Is my speeding around at three times the speed limit affecting the bottom line of *EVEN ONE CORPORATION*? Not in the least. So corporations don't feel a need to buy stiffer fines from their legislature.

      But when some thieving scumbag goes into a theater and videotapes a movie, they are having a direct, negative effect on the profits that the movie studio expects. Given the massive investment that it takes to produce a quality cinematic experience like "Scooby Doo 2: Destroy All Monsters", I have to wonder how those thieves can sleep at night.

      How many of you have downloaded a pre-release copy of a spectacular movie, watched the jittery, pixellated footage complete with "crying babies and ringing cell phones" ambient noise? And how many of us have said, "Wow, what a wonderful movie! I'm glad I don't have to watch it on the big screen!" That's cash straight out of the pockets of the dedicated, hardworking people in Hollywood.

      There is no more grievous outrage than harming the profits of the entertainment industry. It is only just that our laws should reflect this.

      --

      You want the truthiness? You can't handle the truthiness!

    9. Re:Only 18 months? by dsanfte · · Score: 1

      At what point do you reach a "punishment saturation", and from then on, just start ruining their lives? How long does a person have to stay cooped up in a 4x8 cell for you to be happy? Have you ever spent 18 months in one? How the hell would you know?

      Don't get me started about revenge, it's among the most primitive and WRONG emotions a human being can have.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    10. Re:Only 18 months? by Lumpy · · Score: 1

      they should have checked to see if he had any mp3's in the car... that would have him looking at 25 years to life.

      Anyone that supports Copyright infringement Jail time is a total Retard.

      Like I said a year ago.. you will get a lighter sentence if you kill a few of the Cops trying to arrest you for having Warez software.... something is very wrong that outright murder is a lighter crime than depriving a corperation out of a tiny amount of money.

      --
      Do not look at laser with remaining good eye.
    11. Re:Only 18 months? by Phil+the+Canuck · · Score: 2

      The difference, which you conveniently neglect to mention, is that by travelling at the determined rate of speed in the area in which he was driving, he was committing a criminal act which resulted in someone's death.

    12. Re:Only 18 months? by js3 · · Score: 1

      Canadian cops have been complaining about this for a long time. The legal system is too easy on criminals. Maybe the judges are all pot smoking leftists. It is not just people who kill, child molesters etc all get off easy in the Canadian legal system

      --
      did you forget to take your meds?
    13. Re:Only 18 months? by Progman3K · · Score: 1

      >How long does a person have to stay cooped up in a 4x8 cell for you to be happy?
      >Don't get me started about revenge, it's among the most primitive and WRONG emotions a human being can have.

      I really respect what you're saying.

      Only I feel that 18 months is far too light.

      After 18 months, the convict will go on with his life, but his victim will never take another breath.

      OK, there was no INTENT to cause harm, but you could argue that there was depraved indifference:

      If someone is simply in a hurry, and the cause is not life-threatening like driving someone to a hospital or what have you, if it's only because the person was in a rush, and chose to do something like that without considering what the consequence might be, then at the very least, this person should never be put into any situation of responsibility ever again.

      So far, there has been no mention of whether the crown will pursue something like that in sentencing.

      So in other words, it'll be a slap on the wrist, with the perpetrator able to put it all behind him and forget about it.

      Maybe if he gets arrested for driving recklessly again, he might get meted out a just sentence. Oh wait, he DID do something like this 3 years ago... Oh well, maybe if he kills a whole family next time he'll get two years...

      --
      I don't know the meaning of the word 'don't' - J
    14. Re:Only 18 months? by Progman3K · · Score: 1

      >Anyone that supports Copyright infringement Jail time is a total Retard.

      Any country that jails millions of people a year for smoking marijuana is retarded. Oh wait...

      --
      I don't know the meaning of the word 'don't' - J
    15. Re:Only 18 months? by Darth_M · · Score: 1

      Remember, you are talking about 2 different countries, with 2 relatively different law systems. Up here in Canada, we are faced with a overly permissive criminal system. If he does it right, that little bastard will go out in about 10-12 months. This is insane if you ask me. He should have had at least 10 years in jail and be forbidden to drive *forever*... but hey, what do I know.

    16. Re:Only 18 months? by Free_Meson · · Score: 1
      So if he killed the man at 5mph, he should have got a lesser sentence? How does this make sense? If he'd killed him with a cuddly toy, should he just have been let off?


      Well, in this case he was acting with gross negligence and disregard for human life... If he killed someone at 5mph, though, the question of whether it was an accident would have to be addressed, as it would if he killed someone with a cuddly toy. People aren't put in jail for killing other people, but rather for the situation surrounding that homicide.
    17. Re:Only 18 months? by Anonymous Coward · · Score: 0

      One is in Canada and the other is California. As much as people like to say it Canada is very different from the US and tend not to lay down as strict sentences.

    18. Re:Only 18 months? by corngrower · · Score: 1

      It's not about revenge. Its about keeping the guy in a place where you know he's not going to do any more damage to good people in society. It's to protect society.

    19. Re:Only 18 months? by ahodgson · · Score: 1

      Well, this was up here in Canada. We don't actually put criminals in jail anymore, it's considered bad for them or something.

      Pretty much the only thing that will get you jail time is killing someone, and even then it's usually not a lot. Some guy recently got all of 3 years for assaulting and killing another guy in a local park with a baseball bat. It's ridiculous.

    20. Re:Only 18 months? by Zathrus · · Score: 2, Insightful

      At what point do you reach a "punishment saturation", and from then on, just start ruining their lives?

      I dunno. But why don't we ask the dead guy how his life is going at this point? Or any family members?

      This isn't the first time the perpetrator was caught exceeding the speed limit either. The prior incident just destroyed a couple cars -- expensive, but no big deal. Destroying someone else's life is another matter.

      Don't get me started about revenge, it's among the most primitive and WRONG emotions a human being can have.

      Agreed, but what if it's not about revenge? What if it's about protecting society from someone who is (apparantly) incapable of controlling themselves and/or understanding the consequences of their actions? It's not called "reckless driving" for no reason.

      Sorry, seen too many idiots who don't realize that a misused vehicle is just as much a deadly weapon as a gun. Either, when used correctly and appropriately, is fine by me. But this guy didn't use it correctly.

      And yeah, I used to be a dipshit driver too... I never did anything close to this (3x the speed limit), but I know I did some stupid stuff. And if I had ever killed someone in the proces I would expect to have been sent to prison for a long, long time.

      It's called being an adult and taking responsibility for your own actions. If you're not willing to do so, then I'd suggest giving up the other trappings of adult life -- because you don't deserve them.

    21. Re:Only 18 months? by Anonymous Coward · · Score: 0

      I know, I'm myself from Montreal (Laval in fact) :-P

    22. Re:Only 18 months? by AC5398 · · Score: 1

      Agreed. This guy shoulda been HIT with black box upside the head and given a 20 year sentence.

      Why is it committing murder in Canada with a vehicle gets you less of sentence than stealing $10,000?

      And when are we going to make a life sentence a life sentence instead of a 25 year term with 1/3rd of that cut by law?

    23. Re:Only 18 months? by vwjeff · · Score: 1

      What you forget to mention is that he had a previous high speed "accident" that thankfully did not kill anyone.

      From the article:

      Eric Gauthier, 26, was sentenced yesterday to 18 months behind bars - less than a week before the third anniversary of his smashing into another vehicle at more than three times the speed limit.

      You might say this sentence is revenge. I don't think it is but I do believe he should have a longer sentence for one and only one reason, public safety.

      Maybe 18 months will give him time to rethink what he has done and possibly prevent another accident.

    24. Re:Only 18 months? by fm6 · · Score: 1
      Sorry, seen too many idiots who don't realize that a misused vehicle is just as much a deadly weapon as a gun. Either, when used correctly and appropriately, is fine by me. But this guy didn't use it correctly.
      What do you mean mean, "as much"? Far more people die in traffic accidents than in shootings. And that's in the U.S., where there are a lot of shootings!
  18. Technology to the rescue by Anonymous Coward · · Score: 0

    This is great! Finally a Linux based car system that outs criminals!

    Linux Rules!

  19. Remember.... by Anonymous Coward · · Score: 1, Interesting

    Remember that this guy did kill a man as he was doing triple the speed limit. This maybe isnt a "grab your tinfoil hat" article as much as a "he only got 18 months?" article. If the RIAA gets its way, you'd get much longer than that for sharing a mp3.

  20. GOOD! by TedTschopp · · Score: 0, Redundant

    A man was flooring the gas pedal, and he didn't even break before he hit someone.

    Sounds like he was being an idiot.

    Why are people so upset about things like this? I'm curious. What evern happened to personal responsibility?

    Ted

    --
    Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
    1. Re:GOOD! by LMCBoy · · Score: 1

      Why are people so upset about things like this?

      What people are you talking about? I'm through half the comments, and I've only seen opinions that the sentence should have been longer. FWIW, I agree. Though I must say, they probably could have deduced his speed at impact without the blackbox (although maybe they could not have deduced the fact that he never even used his brakes. That's chilling.)

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  21. possible invasion of privacy? by xxdinkxx · · Score: 2, Insightful

    I have to bring the privacy issue up. While there are some obvious good things about having this black box in one's car, one must ask though what exactally is this car monitoring, and what are the laws/regulations on gleeming information out. Also, what is the integrity of this box. If it is eaisly tweakable or corruptable--then can it really be trusted. If something like the patriot act( Yes I know this was not in America) can be applied to this kind of device, then perhaps more people should consider using a bike. Also, will it become law for these devices to exist, or would said driver be allowed to remove the device.

    1. Re:possible invasion of privacy? by Phil+the+Canuck · · Score: 1

      You do not have a right to privacy when committing acts (legal or not) on public roadways.

    2. Re:possible invasion of privacy? by black+mariah · · Score: 1

      The black box in the car doesn't provide any more information than a standard police investigation would. Is the police investigation an invasion of privacy too? The black boxes are supportive evidence, nothing more.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    3. Re:possible invasion of privacy? by Camel+Pilot · · Score: 1

      I am sure the black box data was only part of the picture. When a car hit a person at 100 mph there will surely be corroborating evidence like skid marks (or lack thereof) the extent of bodily injury and car damage, etc.

    4. Re:possible invasion of privacy? by Anonymous+Cow+herd · · Score: 1

      Well, if one doesn't read the fucking article, I guess one must live in ignorance for the rest of one's life, mustn't one?

      --
      Ita erat quando hic adveni.
  22. This is great news by Scarblac · · Score: 1

    Driving 157 km/h in a 50 km/h zone is just totally criminal, and there is noone who doesn't know that. He bears full responsibility for the death. I find it disgusting that the defence lawyer thinks of appealing.

    I like this use of technology. A lot.

    --
    I believe posters are recognized by their sig. So I made one.
    1. Re:This is great news by Mateito · · Score: 1

      > I find it disgusting that the defence lawyer thinks of appealing.

      If the lawyer appeals, the lawyer gets paid.
      If the lawyer doesn't appeal, the lawyer doesn't get paid.

      The sort of lawyer who gives a damn about what's right and wrong wouldn't have taken the case in the first place.

  23. English, people! by Anonymous Coward · · Score: 0
    This article from the Montreal Gazette reports that a driver got 18 months in jail for speeding that killed man after the black box in his car revealed he was going 157 km/h (98 mph) in a 50 km/h zone in downtown Montreal. The recording device, which stores data on how a car is driven in the last five seconds before a collision, showed that four seconds before impact, the driver had the gas pedal to the floor and didn't brake before impact.

    What? Try proper grammar, it works.

  24. Why don't I feel angry... by Anonymous Coward · · Score: 0

    ...about this so obvious violation of privacy...?

  25. Over-engineered solution by Anonymous Coward · · Score: 2, Funny

    We should just require all pedestrians to wear bull-body airbags.

    1. Re:Over-engineered solution by kai5263499 · · Score: 1

      I imagine having a bull in my car would more of a detremint to my driving than an asset...

      --
      -Wes
    2. Re:Over-engineered solution by Anonymous Coward · · Score: 0

      Or body bags, just to speed things up a bit.

    3. Re:Over-engineered solution by Anonymous Coward · · Score: 0

      Many women already wear a pair of fully deployed airbags, though some are more deployed than others.

  26. Guaranteed No Box In Mine by flyneye · · Score: 1, Interesting

    As much time as I spend working on my rides,I would know if there is one.(got rid of the damn air bags too)

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    1. Re:Guaranteed No Box In Mine by Anonymous Coward · · Score: 0

      Did you remove the damn seatbelts and stupid windshield as well? ;)

  27. All for privacy... by WwWonka · · Score: 1

    ...but when it comes down to someone trying to skirt the law with their lawyers and blatant lies then I'm all for this. I imagine that the convicted was going to say he wasn't speeding in court. Too bad we can't implant black boxes into convicted felons. Next time they "don't kill someone" there will be a black box implanted in their skin to place them at the scene of the crime.

    My god, I kind of sounded like John Ass-hcroft there.

  28. Lucky bloke by Anonymous Coward · · Score: 1, Insightful

    18 months is nothing more than a slap on the wrist. 5 years sounds good to be..

    I'm one for putting speed restrictors on cars, seen a couple of nasty accidents in my time. Would make black box redundant

    1. Re:Lucky bloke by Anonymous Coward · · Score: 0

      I do not like speed restrictors. When I am on a flat, wide open country road and I need to pass someone, I don't want to suddenly have my engine shut off while in the oncoming lane. I want to pass that person as fast as possible (though I will admit, that it is rarely over 70 mph). There have been times that I went to pass someone and they speed up just to be ignorant and I can't get back over... so sometimes I have needed that extra speed push.

      Also, as long as the black box only stores the past 5 seconds, I am all for it. I do not want them being used to monitor my speeds at all times and get me a traffic ticket since I was speeding in a remote area with no on around.

    2. Re:Lucky bloke by Welsh+Dwarf · · Score: 1

      You forgot the perpetual driving ban. OTOH, as far as speed limiters are concerned, I'm all for them providing there is some override in case the emergency services need them (say as make shift ambulances). I'd also say that a GPS related system would be cool, to keep people under 50 while in built up areas.

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    3. Re:Lucky bloke by Anonymous Coward · · Score: 0

      Many cars already have electronically controlled speed limits. But that speed varies by model.

  29. 18 Months? by kai5263499 · · Score: 1

    With the evidence that this guy was going 98mph and hit the guy without breaking, is 18months really that harsh of a penalty? Also, I wonder if insurance agencies will factor this into their agreements; something like: "thou shalt not disconnect this blackbox and if we see that you were breaking local laws we won't pay anything (or as much)".

    --
    -Wes
  30. YASD (Yet Another Slashdot Dupe) by Hieronymus+Howard · · Score: 3, Informative

    Another dupe. Yawn. This story was originally posted last October when he was convicted.

    1. Re:YASD (Yet Another Slashdot Dupe) by Malc · · Score: 4, Informative

      It's really a continuation of that previous story. Yesterday was the sentencing for the conviction mentioned in the first story.

    2. Re:YASD (Yet Another Slashdot Dupe) by chrisbtoo · · Score: 1

      timothy even predicted the dupe! ...Here's one that is going to get a lot of attention in the coming years...

      --
      Registering accounts later than some other chrisb since 1997
  31. Before your knee jerks... by srwalter · · Score: 2, Insightful

    I'm sure a lot of people here on slashdot will think that this is just terrible and a travesty, But why? This is a win for society. This guy eas driving 100 in a 30mph zone. Is that really somebody you want on the roads? I don't.

    But what about the privacy implications, you ask? Which ones. No data is stored unless you're in a collision, and in that case information is in the best interest of all parties.

    I drive a car. I speed. I own aa radar detector. But this doesn't botehr me, because I'm a catious driver. I don't drive at highway speeds in a downtown area. I don't run people over. So unless you do, this isn't a problem.

    --
    Freedom is the freedom to say that 2 + 2 = 4
    1. Re:Before your knee jerks... by tftp · · Score: 1
      Yes, there is no privacy issues in this case. The court can order far more invasive investigations when needed, and the compelling need for a good investigation here is obvious.

      What *might* be a problem, however, is the reliability of the data. Imagine, you participate in a fender bender at 10 mph. But the black box says you were doing 50! You know you didn't and couldn't, but the stupid Flash-based thing got its numbers messed up - and you go to jail for that? If these numbers are to be accepted in court of law, they must be truly reliable, with a good techlonogical assurance of the fact.

    2. Re:Before your knee jerks... by prshaw · · Score: 1

      Or I might have a wreck and just happen to driving over the skid marks from someone else. And without the box the police officier uses them to calculate how fast I was going.

      Which would you rather trust? The black box or some officier with a pencil and paper figuring out how fast you were going?

    3. Re:Before your knee jerks... by (1)down · · Score: 1

      but when they start to monitor you in real time...and with gps....

      --
      my other sig is a commando
    4. Re:Before your knee jerks... by LostCluster · · Score: 1

      Imagine, you participate in a fender bender at 10 mph. But the black box says you were doing 50!

      Fender benders cannot happen at 50 mph. The damage on both cars would be much greater in a high-speed crash, and your airbag would have certainly deployed. You'd be able to raise the contradictory physical evidence to get yourself off the hook.

      This likely wouldn't even be able to log a fender bender as an event. It doesn't trigger the airbags, and the car would still be running afterwards. Leaving the car on while you wait for the cops to come would likely blank the memory.

    5. Re:Before your knee jerks... by Dun+Malg · · Score: 1
      What *might* be a problem, however, is the reliability of the data. Imagine, you participate in a fender bender at 10 mph. But the black box says you were doing 50! You know you didn't and couldn't, but the stupid Flash-based thing got its numbers messed up - and you go to jail for that? If these numbers are to be accepted in court of law, they must be truly reliable, with a good techlonogical assurance of the fact.

      This is unlikely to be a problem. Courts take into consideration the fallibility of any given system when it is presented as a source of evidence. So far as I can tell, nobody is placing the reliability of an electronic black box aboved the reliability of the laws of physics. If you hit a car at 10, conservation of momentum will easily refute a broken black box that says you were going 50.

      --
      If a job's not worth doing, it's not worth doing right.
    6. Re:Before your knee jerks... by srwalter · · Score: 1

      No doubt about that, if it's going to be used it court, it needs to be verifiable, certifiable, and all those other good things. Just like all evidence.

      For example in this case, what if the throttle position sensor had stuck even, and his foot wasn't really on the gas at all?

      --
      Freedom is the freedom to say that 2 + 2 = 4
    7. Re:Before your knee jerks... by srwalter · · Score: 1

      That's a slippery slope argument, and doesn't hold up. What if they don't start monitoring you in real time with GPS?

      The point is, this situation isn't a privacy invasion. Your scenario obviously would be. But equally obviously, this isn't that.

      --
      Freedom is the freedom to say that 2 + 2 = 4
  32. Lesson in all this by bdigit · · Score: 2, Funny

    The lesson is clear: stay out of movie theaters^H^H^H^H^H^H^H^H^H^H^H^H^H.. cars and you won't get arrested.

  33. little conversion by Anonymous Coward · · Score: 0

    for the confused americans..

    100mph in a 35mph zone..

    BTW.. it's montreal.. you'd understand if you drove there.. they're all nuckin futs

    1. Re:little conversion by scharkalvin · · Score: 0, Flamebait

      BTW.. it's montreal.. you'd understand if you drove there.. they're all nuckin futs
      I know, they drive like that here in Florida when they come to visit from Montreal, G-D damm Canadian snowbirds!

  34. Where does it stop? by thebra · · Score: 1

    I see the uses for a product as such but if we keep allowing the govt to monitor us at what point will it stop? After your car has the black box they will want you to breath in a tube to start your car every time.

    1. Re:Where does it stop? by prshaw · · Score: 1

      With as many wrecks as there are caused by (or just involving) DRUNK drivers, I think this would be a VERY good idea.

      I don't want anyone to have the right or ability to drive drunk.

    2. Re:Where does it stop? by scharkalvin · · Score: 1

      I see the uses for a product as such but if we keep allowing the govt to monitor us at what point will it stop? After your car has the black box they will want you to breath in a tube to start your car every time. In some states they DO already! However the equipment to do this only has to be put in cars driven by people already convicted at least once for DUI.

    3. Re:Where does it stop? by Anonymous Coward · · Score: 0

      You know I wish they would do that. I can't blame big brother on this one. People are pussies and dont think/take responsibility for their actions so screw them.

      You may complain now but if the life saved was ever yours or a loved one over a stupid drunk driver, you may think differently...

  35. Good thing by jdifool · · Score: 0, Redundant
    Driving is ok.

    Driving too fast is bad.

    Killing people while driving can be a fucking crime.

    When will people realize that, for god's sake ? You have no excuse when you kill someone while driving too fast, especially in downtown.

    If only a government had the balls to resist the pressure of car manufacturers groups and impose an engine throttle limitation for common vehicles...

    Regards,
    jdif

    --
    Let's overcome our weakness.
    1. Re:Good thing by srwalter · · Score: 1

      Whoa, whoa, whoa. Engine throttle limitation? How is that going to help somebody?

      "Keep them from going to fast," you say. That's not a good thing. What if my wife is pregnant and I'm driving her to the hospital? Or worse, she's injured and every second counts? Sure would suck if she died because I could only drive 30 mph.

      People use full-throttle all the time. Merging on the interstate for example (unless you're one of those bastards who hits the end of the ramp at 45 while the guys in the right lane are going 70). There are a thousand situations where you need to be able to use your car to it's fullest mechanical extents. To say that governments should install throttle limiters is only one degree less stupid than saying governments should ban cars.

      --
      Freedom is the freedom to say that 2 + 2 = 4
    2. Re:Good thing by Warpedcow · · Score: 1
      If only a government had the balls to resist the pressure of car manufacturers groups and impose an engine throttle limitation for common vehicles...


      Hello. Nearly every car these days DOES have an engine throttle limitation. It's called a "governor". On most cars they're set between 100 and 150mph. The 1997 Aurora I had was set to 118mph and the Volvo S60 T5 I have is limited to 130mph. This is done usually to prevent the car from being driven dangerously fast, and causing tires to blow (tires can only handle up to certain speeds) and sometimes also to prevent the engine from revving to high.


      True, these governors aren't there by government regulation, the car makers but them there for their own good, and the good of the consumer, but isn't that the way it SHOULD be anyhow?

      --
      moo
    3. Re:Good thing by jdifool · · Score: 1
      Well, saying it's stupid is a judgement I wouldn't allow myself to make.

      To take the two examples you gave me : if your wife is pregnant, call 911. Emergency services are here for that, I guess. And they are allowed to drive fast, because the drivers are experimented to do so.

      I can understand the necessity, since the american emergency services doesn't take care of injured people on the go, but instead wait for reaching the hospital. In France where I live, it's the other way around. Whatever.

      And I'm not speaking about 30mphs. More something like 140 kms/h. This is way enough to give you possibilities to be fast without endangering too much you and other people.

      And then you tell me : what's the point ? 140 kms/h is fast enough to kill someone downtown. Sure thing, but that will at least prevent some motherfuckers to kill entire groups of people by driving at 120 mphs on the highway...

      Regards,
      jdif

      --
      Let's overcome our weakness.
    4. Re:Good thing by Anonymous Coward · · Score: 0

      Congrats, you're probably against hockey violence of any kind as well.

  36. Respect for privacy??? by FlashBac · · Score: 2, Interesting

    I have no respect for the drivers privacy in this instance. None. He was traveling on a public road, with no consideration whatsoever of all other people.
    People who drive cars recklessly make me sick... you are trundling around in a heavy chunk of metal, thats squashy on the inside, and hard on the outside. You are endangering everyone elses lives doing this. You must do everything reasonably possible to be as safe as you can.
    If you want speed, be a real man (women are generally more intelligent) and buy a quick bike. Far quicker, and mistakes are far more severely punished.

    --
    "Thats right buddy, the large print giveth, and the small print taketh away."
  37. Good for him by javatips · · Score: 1

    I concur with other slashdoter that there is no privacy issue there.

    The guy committed a crime and killed someone, then he lied either to the police or in court by saying he was going just a little over the speed limit. He deserved to go to jail.

    If the blackbox was used to check if someone went over the speed limit (but committed no crime) just to give him a speed ticket without other evidence, then I would called that an invasion of privacy.

    In this case, there was some evidence that the guy was lying about its speed, but not enough to jail him. So as good investigators, they seeked more evidences by analysing the blackbox. It looks fair to me!

    1. Re:Good for him by rjstanford · · Score: 1

      If the blackbox was used to check if someone went over the speed limit (but committed no crime) just to give him a speed ticket without other evidence, then I would called that an invasion of privacy.

      You mean, no other crime, I assume. Violating a posted speed limit is a crime in and of itself.

      Don't get me wrong, I happen to agree with your points, but this specific example was incorrect.

      --
      You're special forces then? That's great! I just love your olympics!
    2. Re:Good for him by glpierce · · Score: 1

      "If the blackbox was used to check if someone went over the speed limit (but committed no crime) just to give him a speed ticket without other evidence, then I would called that an invasion of privacy."

      There are only two kinds of crimes in which intent is irrelevant - driving infractions and statutory sex crimes. If you're speeding, you are breaking the law, whether it was an accident or whether your wife is giving birth in the back seat. You don't have privacy on public roads. Police limitations are not legal limitations - just because an officer doesn't see it doesn't make it legal.

      --
      G
    3. Re:Good for him by javatips · · Score: 1

      Violating the speed limit is not a crime, at least not in Quebec, Canada. It may be a crime when the violation is beyong some level (like in the current case) but then the crime will be careless driving or careless driving that caused death.

      It's just not respecting some regulation.

    4. Re:Good for him by M.+Silver · · Score: 1

      You mean, no other crime, I assume. Violating a posted speed limit is a crime in and of itself.

      The word you're looking for is "infraction." If you think it's a crime, try asking for a jury of your peers when you appeal a speeding ticket.

      --

      Slashdot's token middle-aged housewife
  38. so? by re-Verse · · Score: 1

    In my opinion, there is nothing wrong with this. Its not like it was broadcasting this data - its only looked at in the case of an accident. If it can make these swine fry, all the better.

    This guy killed someone my being a stupid jackass. He was going over 100km/h over the limit in a populated area. Rechless and/or drunk drivers deserve no pity. The defense is trying to appeal his sentence, but i think the only way he should be let out of jail is to make sure he'll never get behind a wheel again - not ever. He lost that right when he took it away from someone else.

    its just amazing to see someone so selfish to take a life in such a stupid way, and then even consider arguing about getting jail time.

  39. Anyone know if it's legal to remove these? by strider3700 · · Score: 2, Insightful

    Now my car is probably a little older then anything that contains these, it's a 91, but I'm wondering if you could legally remove this if you wanted to?

    I'm in the process of stripping my car down to it's bare essentials for autoX use however it needs to be street legal to get to the track.

    I know that the aftermarket ECU I've installed is illegal because it can be tuned by the user and therefore fails the local smog rules. However when I had the car tested the inspectors didn't find the ECU and the results still came out clean enough so I don't care.

    In my mind the most likely place to have this tracking hardware is in the ECU. It already knows all of the information he was convicted on. The new ECU has the capability of logging the same info, but I can turn it on or off.

    I'd hate for something stupid like that to be the thing that gets my car pulled off the road.

    1. Re:Anyone know if it's legal to remove these? by imadork · · Score: 1
      I don't know for sure, but I think these devices are used mostly to assist in the deployment of air-bags (which should be deployed differently under different accellaration conditions to work properly), and their recording capabilities are just a happy coincidence.

      Are air bags required in your state? If so, you may be SOL.

  40. Just like a passport by orzetto · · Score: 1

    Well, even your passport shows in which countries you've been, and can be used in court. As long as you know there's a black box recording your speed and that thing is not broadcasting, there's no privacy issue in my opinion, as the information is not disclosed until needed.
    No one can come and "have a look" at your black box just to break your privacy: they must have a reason and the authority to do that.

    Besides, it's ludicrous how the lawyer calls the sentence "very, very severe": 18 month for killing a man speeding at 157 km/h? 5 to 10 years seems a more reasonable range to me, other than driving-licence barring for life.

    --
    Victims of 9/11: <3000. Traffic in the US: >30,000/y
  41. Remove tinfoil hat: real issues by RobertB-DC · · Score: 5, Interesting

    I have to take off my tinfoil hat for this one. While where I go and how fast I got there aren't anyone's business under normal circumstances, five seconds of data gathered right before I crash are fair game.

    However, there are some issues to be careful about:

    * Five seconds is probably not long enough to know what really happened. I could have mashed the brake to the floor at t-10s, then hit the gas to avoid being T-Bone'd at t-6s... in that case, it looks like I was rushing headlong into the wreck.

    * But how long is enough? 30 seconds? Five minutes? A day or two? Pick a silly extreme, and someone is likely to attempt to legislate it.

    * Who has read access to the data? It's my data, so I should be able to plug the car into my USB port and see it for myself (as should my attorney).

    * Who has write access? Obviously, the car's sensors and nobody else. But are there safeguards (digital signature?) to ensure against tampering? And what if a hacker replaces the car's CPU?

    * How about "erase"? IIRC, airline black boxes have a button that the pilot can hit on his way out of the cockpit to erase the voice recorder after a successful landing (defined: one you walk away from). Is this a Good Thing, or Considered Harmful?

    * Is it fair if my car has the feature, but the other guy's doesn't? You can tell that I was speeding, but what if he was speeding more? Remember the "Malcolm in the Middle" episode, where the camera "saw" Mom pull out in front of someone, but another camera showed that the other car made a U-Turn right in front of her?

    Lots of issues to be resolved. But I'll get one, if I can, *if* there's an insurance discount.

    --
    Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
    1. Re:Remove tinfoil hat: real issues by metalix · · Score: 3, Informative

      Who has read access to the data? It's my data, so I should be able to plug the car into my USB port and see it for myself (as should my attorney).

      s/USB/ODB\ II

      try autoxray

      but that might not be enough, in which case you'll have to buy a $3k scan tool. Nothing is stopping you from doing this now. Just because your car doesn't have a USB interface doesn't mean you can't get to it.

    2. Re:Remove tinfoil hat: real issues by UberLame · · Score: 1

      * Who has write access? Obviously, the car's sensors and nobody else. But are there safeguards (digital signature?) to ensure against tampering? And what if a hacker replaces the car's CPU?

      Why should boxes designed for scientific data collection require digital signatures? If people would just use them as intended, there would be no problems. At least one car manufactor in the past has fought having their black boxes used for court, since they only put them there to collect data to help them build safer cars.

      --
      I'm a loser baby, so why don't you kill me.
    3. Re:Remove tinfoil hat: real issues by Anonymous Coward · · Score: 0

      OK, one more time: the black box data is not the sole evidence. It is part of many other pieces of evidence, all of which must corroborate. E.g. if you braked hard at t-10 then accelerated at t-6, then there will be skid marks up the street.

      There are multiple pieces of evidence that are extracted from an accident scene. The black box data is just one piece, if it's tampered with or is just plain broken, the other pieces of evidence will override that.

      The manufacturer has read access to your data. In Canada, they require a warrant to access the data and use it in court. This is a Good Thing. Your lawyer and you will know for sure if the black box data is being considered and will get access to it as well, it being evidence. Also the manufacturer is unbiased and will have little reason to tamper with the data (except for special circumstances).

    4. Re:Remove tinfoil hat: real issues by evil_one · · Score: 1

      * Five seconds is probably not long enough to know what really happened. I could have mashed the brake to the floor at t-10s, then hit the gas to avoid being T-Bone'd at t-6s... in that case, it looks like I was rushing headlong into the wreck.

      * But how long is enough? 30 seconds? Five minutes? A day or two? Pick a silly extreme, and someone is likely to attempt to legislate it.


      Did you consider the times involved here?
      10 seconds @ 100km/h (62mph) is 28 metres - nearly 100 feet.

      If you were standing on the brake at -10s, and decided to change your mind at -6s, you're screwed regardless. Between the combination of human and machine reaction times, you'd be lucky to have one second of actual 'changing the situation time'.

      As for knowing what happened - what, do you think that the cops can't take measurements like they did before? if we go back to your example of mashing the brakes at 10s, then there'll be some nice thick black lines on the pavement, won't there?

      The black box isn't the only thing providing physical evidence here, don't try to fool yourself.

      As for your other concerns like data tampering, or "if a hacker replaces the car's CPU" - take the tinfoil hat off - if someone has that kind of resources for framing you for a crime, rest assured that something as trivial as a digital signature won't stop them.

      --
      Desperation is a stinky cologne
    5. Re:Remove tinfoil hat: real issues by Isao · · Score: 2, Interesting
      How about "erase"? IIRC, airline black boxes have a button that the pilot can hit on his way out of the cockpit to erase the voice recorder after a successful landing...

      Incorrect. You may be thinking of something else. There is a circuit-breaker than can be pulled to stop the recorders. The recorders are endless-loop, erasing themselves as they go. Wire or tape recorders typically store 30 minutes of data/voice. Digital recorders can store more, but erase on the same principle (FIFO).

      In addition to the CVR (cockpit voice recorder) and FDR (flight data recorder), modern aircraft also have computer controlled systems like FADEC (full authority digital engine control) which record and store their own data. Much of this data is transmitted in realtime to ground support engineering for analysis.

    6. Re:Remove tinfoil hat: real issues by imsabbel · · Score: 1

      make your distances times 10. 10 seconds at 100km/h is 280m.
      And every dangersituation is solved one way or another. There is no thing as having 2-3 seconds time to brake and then accelerate again.

      --
      HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
    7. Re:Remove tinfoil hat: real issues by Anonymous Coward · · Score: 0

      "* Five seconds is probably not long enough to know what really happened. I could have mashed the brake to the floor at t-10s, then hit the gas to avoid being T-Bone'd at t-6s... in that case, it looks like I was rushing headlong into the wreck."

      It was in a 50km/hr zone, and he was driving (according to the black box) 130km/hr. Can you think of any circumstance where you could be driving from a law-abiding 50km/hr before, and arrive at 130km/hr with the gas pedal pressed down within the recording window? Taking the question seriously, I can't. 5s is short, yes, but it is at the critical time period, and it is enough to be an important piece of information to figure out what happened. It is better than relying on witness testimony alone, and there is other evidence to test its reliablity. They looked at tire skid marks in this case (there apparently weren't any in the space preceding the impact, consistent with what the data record was suggesting -- no braking).

    8. Re:Remove tinfoil hat: real issues by Dun+Malg · · Score: 1
      How about "erase"? IIRC, airline black boxes have a button that the pilot can hit on his way out of the cockpit to erase the voice recorder after a successful landing (defined: one you walk away from). Is this a Good Thing, or Considered Harmful?

      Since the pilot can only erase the CVR data and not the radio comm or FDR, and is forbidden to erase the CVR after any situation that is likely to be investigated (e.g. an accident), this is a good thing. The crew should be able to say anything they like to one another without having to worry about some oaf subpoena-ing the CVR data to support his slander suit. The erase function is there to make it clear that the purpose of the CVR is solely for reconstruction of the events leading up to an accident, and nothing else.

      --
      If a job's not worth doing, it's not worth doing right.
    9. Re:Remove tinfoil hat: real issues by Anonymous Coward · · Score: 0

      * Five seconds is probably not long enough to know what really happened. I could have mashed the brake to the floor at t-10s, then hit the gas to avoid being T-Bone'd at t-6s... in that case, it looks like I was rushing headlong into the wreck

      Either way, at that point, 1) he was going almost twice the posted limit, and 2) he killed someone. It's homicide, black box or not, 5 seconds or not.

      -Fred

    10. Re:Remove tinfoil hat: real issues by RobertB-DC · · Score: 1

      It was in a 50km/hr zone, and he was driving (according to the black box) 130km/hr. Can you think of any circumstance where you could be driving from a law-abiding 50km/hr before, and arrive at 130km/hr with the gas pedal pressed down within the recording window?

      I'm not concerned about an obvious case like this one. Arguing that this is typical is like justifying the death penalty based on Charles Manson or Ted Bundy.

      I'm worried about the "edge" cases, where maybe something *did* happen just before that 5-second window. That's why we have judges and juries -- not for the obvious cases, but for the ones that require human judgement. After all, we know what happens when you take a computer's word without question, right?

      --
      Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
    11. Re:Remove tinfoil hat: real issues by sootman · · Score: 1

      Glad you've taken the hat off. One point you missed: "While where I go and how fast I got there aren't anyone's business under normal circumstances..."

      ...um, except for the fact that you're driving in public, which means it explicitly is the business of anyone anywhere at any time along your route who feels like paying attention.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    12. Re:Remove tinfoil hat: real issues by jmv · · Score: 1

      Five seconds is probably not long enough to know what really happened.

      Not in the general case, but in this case, I'm sorry but there's *no* excuse to be going at 160 km/h (and it's not like you push the pedal and you're suddenly going 160 km/s).

      Is it fair if my car has the feature, but the other guy's doesn't?

      Soon I think all cars will have the feature because it's part of the airbad system and airbags are now required on new vehicles.

      You can tell that I was speeding, but what if he was speeding more?

      Speeding that much and killing someone is criminal, no matter what the other one did.

    13. Re:Remove tinfoil hat: real issues by Zathrus · · Score: 1

      Five seconds is probably not long enough to know what really happened.

      I seriously doubt that.

      For every 10 mph a car is moving it will move 15 ft/s. So a car going 60 mph covers 90 ft in one second. Five seconds gives you 450 ft of data at that nominal speed... at which point I seriously question your observational skills if you needed more time to evaluate the situation.

      I'd like to thank Steve Jackson Games and Car Wars for that odd bit of knowledge, and for bothering to even do the physics right in a game that largely ignores physics otherwise.

    14. Re:Remove tinfoil hat: real issues by evil_one · · Score: 1

      Quite right, I missed a 0 in divide by 3600.

      To clarify my previous statement re. reaction time, human reaction times combined with machine reaction times will have too much delay to react in the 10 seconds suggested by the original parent. I'm pretty sure we're saying the same thing there.

      --
      Desperation is a stinky cologne
    15. Re:Remove tinfoil hat: real issues by Anonymous Coward · · Score: 0

      Nice to see a new edition of Car Wars, but do they really think the post-apocalyptic 2040 US still won't be using metric?

  42. as it stands by unformed · · Score: 2, Interesting

    If it's simply saving the previous five seconds before impact, then what's the problem? This will be an objective and relatively perfect witness.

    Now if they start monitoring everything (as in every speed you go, along with GPS to know what road you were) that's a completely different issue, and should raise some privacy concerns.

    This, OTOH, should make the roads safer, as well as reduce insurance rates.

    1. Re:as it stands by theLOUDroom · · Score: 1

      If it's simply saving the previous five seconds before impact, then what's the problem?

      Because you're legally FORCED to have it in your vehicle. It's part of your federally-mandated airbag system.

      This will be an objective and relatively perfect witness.

      Have you ever owned a car? Parts break. Things don't always work right. The are lots of cars out on the road that have electrical problems that could cause this box to read incorrectly in all sorts of ways.

      If it only records the first 5 seconds before impact, how do you know it was originally working correctly? What if it decides to read 70 MPH all day long? I won't be able to prove it because there's only 5 seconds of record and the vehicle itself is presumably destroyed. Any damage I found to the sensors on my vehicle, the prosecution could claim was a result of the accident.

      Maybe I hit the brakes at the normal time when approaching the intersection but my breaking system failed. This box could make it appear that I hadn't hit the breaks at all, making the accident appear to be my fault instead of equipment failure. Then the prosecution can agrue that my brakes were damaged when I hit the other vehicle, not before.

      Are you going to trust a black box where you have no way to verify if it's even functioning correctly?
      Hell, how do you verify that the evidence wasn't tampered with?
      Many courts refuse to accept digital photographs and this would be much easier to tinker with than a digital photograph.

      How do you know that I didn't rig my box to read that was always going 30 MPH and then jamming on the brakes (for those last 5 seconds)?

      It might even be this simple:
      1) disconnect airbag
      2) hook trigger button up to airbag sensor
      3) drive along at 30 MPH
      4) jam one the brakes
      5) hit airbag trigger right before stopping
      There, now my black box makes it look like the accident was your fault.

      --
      Life is too short to proofread.
  43. Re:Talk about a mixed reaction... by neoform · · Score: 1

    I mean, I SHOULD be able to drive like that and I SHOULD be able to kill someone and I shouldn't have to worry about Big Brother knowing about it.

    why SHOULD you be allowed? law enforcement is in place, specifically so you can't do these sorts of things. it isn't your right to speed, nor is it your right to kill. both are illegal, and for goo reason.

    --
    MABASPLOOM!
  44. Reminds me of the 406mph Peugot.. by thesaur · · Score: 1

    TheRegister ran the story about faulty speed cameras in the UK. Of course, a black box located in a car is much less likely to make a mistake than a radar. However, there always will be that possibility.

    Combine the black box with wireless reporting, and radar will no longer be necessary. Of course, the privacy concerns would probably do that idea in. But it still pays to be vigilant.

    It still would be theoretically possible to implement RFID reporting that would be built into the streets in cities...

  45. Man is dead? by cacheMan · · Score: 0

    I know that the metro/queer eye craze is going strong. Is it because this speeder killed MAN?

    "in jail for speeding that killed man "

    1. Re:Man is dead? by realdpk · · Score: 0, Troll

      Man is dead, and surprisingly enough it wasn't due to actions of the US, but a citizen of their gentle neighbor to the north.

    2. Re:Man is dead? by tommck · · Score: 1


      Man is dead.
      From his pity for God hath Man died. ... or something.

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
  46. Or worse! by mekkab · · Score: 4, Funny

    My black boxes is stuck at "doesn't signal while changing lanes" and "sings along to the Backstreet boys at top volume!"

    They day I get pulled over and ticketed because my box says I'm "stuck at nerd" is the day that the terrorists win.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
    1. Re:Or worse! by agentforsythe · · Score: 1

      nerd?

      The backstreet boys are somewhat mainstream, no?

      I thought most nerds liked rock

    2. Re:Or worse! by Blue+Stone · · Score: 1
      " nerd?
      The backstreet boys are somewhat mainstream, no?
      I thought most nerds liked rock[.]"

      A black box monitoring your driving is nothing.

      Ph33r the Nerd Police monitoring your /. posts!

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    3. Re:Or worse! by mekkab · · Score: 1

      Like I said, the black box is stuck on "nerd" when it should clearly be pointing to Dork!

      can't trust these modern devices!

      --
      In the future, I would want to not be isolated from my friends in the Space Station.
    4. Re:Or worse! by Servo · · Score: 1

      Not signalling and singing along to the Backstreet Boys does NOT constitute being "stuck at nerd".

      In fact, those things should be punishable by lethal injection.

      --
      A slip of the foot you may soon recover, but a slip of the tongue you may never get over. -Benjamin Franklin
    5. Re:Or worse! by ewhenn · · Score: 1

      Correct, it signals being stuck at pre-pubsecent teenage girl status.

  47. Sounds like Knight Rider. by www.sorehands.com · · Score: 1

    Remeber the first episode? Two guys tried to steal KITT? He promptly took them to the police and ejected them on to their hood.

  48. Clarifying for lack of a better title by register_ax · · Score: 4, Insightful
    The Montreal motorist betrayed by his car's black box has been sent to jail for dangerous driving causing death.

    I read that as:

    The Montreal motorist betrayed by the truth has been sent to a facility which offers the possibility of those lacking responsibility to rethink their stance on this moral predicament.

    If the tree falls and no one is around to hear it, does it make a sound? For those to dense ... if information exists that is not made aware, does it hold any importance?

    Ah yes, it then becomes a matter to how much truth we are entitled to maintain to ourselves. Or in another word, privacy. Corruption will remain all the while truth is suppressed. I don't like this fact, but I find it doubtful we'll get there because we are brothers (sisters -- does it even matter?)

    (Note I just got done watching Dogma ;)

    1. Re:Clarifying for lack of a better title by Pig+Hogger · · Score: 1
      The Montreal motorist betrayed by the truth has been sent to a facility which offers the possibility of those lacking responsibility to rethink their stance on this moral predicament.
      Nah, he won't rethink his stance. He'll just be Bubba's bitch.
  49. Other Important factors by nuggz · · Score: 5, Informative

    Other important factors are
    He lied, he said he was going only slightly over the speed limit.
    There was a huge amount of damage, that was not representative of his claimed speed.
    There were no skid marks (Although ABS may limit them)

    The investigators got a court order to look at the black box. They already had evidence that he was going faster then he claimed. And that he didn't try to prevent or reduce the accident.

    The only thing the black box did was confirm evidence they already had, and make it more precise (exact speed, and that he didn't hit the brakes.)

    1. Re:Other Important factors by rew · · Score: 1

      There were no skid marks (Although ABS may limit them)

      ABS leaves very distinct skid marks. ABS works by skidding for a short time, detecting that, and then reducing brake power a little for a short period, so that the wheels spin and skid again and things can start over. As at least one of the wheels skids periodically, it will leave marks.

    2. Re:Other Important factors by nuggz · · Score: 1

      Yes, but this makes it harder to estimate speed.

      If it is a solid black skid it becomes a relatively simple dynamics problem.

    3. Re:Other Important factors by AK+Marc · · Score: 1

      But that is a different thing from "no skid marks." No marks mean that the road was in poor condition or there was no panic braking (I make mention of road conditions because in rain, on dirty roads, and other situations can hide skid marks). If there were intermittent marks indicative of ABS, it still remains a simple dynamics problem, you just have more assumptions.

  50. What a lunatic by olau · · Score: 3, Interesting

    Obviously, this guy needs some kind of treatment by professionals. It is a good thing the black box could help nail him.

    But I really fail to see how this is interesting on Slashdot. This is obviously not a privacy issue. The black box records information about the last five seconds before a collision. That's hardly a privacy concern.

    1. Re:What a lunatic by WuphonsReach · · Score: 1

      But I really fail to see how this is interesting on Slashdot. This is obviously not a privacy issue. The black box records information about the last five seconds before a collision. That's hardly a privacy concern.

      So where do you draw the line? 10 seconds, 30 seconds? 5 minutes? 5 hours? 72 hours?

      Silicon gets larger and cheaper every year. Heck, don't be surprised if 3-5 years down the road, GM can't buy recording devices that only hold 5 seconds of data. Instead, they'll have to buy the 5 minute version just because nobody makes anything small enough anymore.

      Personally, I agree that 5 seconds ain't an issue... and I start to get uncomfortable once we're talking about anything more then 60 seconds.

      The ridiculous level is imagining a system that records 100-300 hours of use and has to be submitted to your insurance company periodically.

      --
      Wolde you bothe eate your cake, and have your cake?
  51. Privacy issue? by Jin+Wicked · · Score: 5, Interesting

    I concur with the other posters that there's not a privacy issue here, when you're on a public road driving a vehicle that not only affects you but the roads you drive on and everyone you encounter during that drive, the needs of public safety outweigh any "privacy" issues with the car recording speed or other engine statistics. It's not like the car is sitting there with a notebook writing down where you're going, either.

    This guy's own stupidity got him in trouble, I for one hope that he gets his license revoked for life. They have good public transport up there. Let him take the bus.

    --
    My Webcomic: Asylum on 5th Street
    1. Re:Privacy issue? by Anonymous Coward · · Score: 0

      It's correct that the black box itself isn't a privacy issue. My only concern is how the data from the black box was aquired by the prosecution. That might be a concern. But in general, no. No problems here at all.

    2. Re:Privacy issue? by red_canuck · · Score: 1

      I think people are missing the point on the privacy issue here. The issue surrounding privacy is not the 'black box' and how it is used to save lives. It has to do with what this technology can lead to, and the potential to install it without the owners knowledge. If the gov't decided to make this mandatory and stuck a GPS chip in every one they could track you anywhere you go. What's next - cameras in your living room? Some argue that 'if you haven't done anything wrong there's nothing to worry about' but those people might as well ask Big Brother to install chips in their head right now. Again, it's not the specific technology or the automobile scenario that is worrying to privacy advocates - it is the standard we are setting with these decisions, and how they gradually reduce the freedom of privacy that people currently enjoy. Are we heading to a future where people have been slowly socialized to think it's OK for the gov't to monitor us at all times, wherever we go? Hopefully determine a nice compromise that both saves lives and respects people's right to privacy.

    3. Re:Privacy issue? by AK+Marc · · Score: 1

      I concur with the other posters that there's not a privacy issue here, when you're on a public road driving a vehicle that not only affects you but the roads you drive on and everyone you encounter during that drive, the needs of public safety outweigh any "privacy" issues with the car recording speed or other engine statistics.

      No one said he can't be prosecued because he has a right to privacy. No one is saying that you shouldn't be surveiled externally while in public performing illegal actions. The privacy issue is regarding personal property being used against its owner. Secondarily, can such devices be required? That is, should everyone be required to perform survelience against themselves and surrender it to authorities on demand? That is the implication of this and why it is a privacy issue.

  52. Re:The guy that got hit deserved it. by Mateito · · Score: 3, Funny

    > also montreal drivers know that we're in the
    > jay-walking capital of the world.

    I'm just waiting for the lawyer to lay the blame on Grand Theft Auto.

  53. High speed and black boxes.. hmmmm... by slashhax0r · · Score: 0

    At the racetrack...

    Seriously, how many times have you been tooling down the interstate (Or here in Alberta, the yellowhead ;) ) and there's some yahoo in a pimped out honda civic going 90 mph..
    Chances are the driver of that car
    hasn't seen a racetrack or taken the required car control clinics and training nessecary to safely drive at those speeds...

    Never mind the fact that potholes, debris, wild animals and of course pedestrians and other drivers exist on our public roads.

    I saw this on the news last night and thought "hmmm... Precident setting" The problem with a black box, is that it might be prone to abuse. Lets say you rent a car and exceed the speed limit (80mph isn't usualy legal anyway as an example).
    Perhaps the rental car company will charge you a fee for speeding. (maybe to cover any photo radar your triggered).

    That kind of thing...

    Also, on the news they intervied the dead Victim's sister.. she of course mentioned that without the black box data they would have figgured her brother
    was at fault.. etc etc.

    Guess there's 2 sides to the black box issue. It can be both good and bad, abused or not.

    That said, if I buy a car with one. I will disable it. Hell, my car, my choice to make.

  54. Black boxes could be good by cosmo0406 · · Score: 2, Interesting

    What if the black boxes could be used to help us in other ways? Imagine if every year your insurance agency could look at a black box from your car and see that you generally drove the speed limit and even avoided accidents. This could lower your insurance rates. On the other hand, if this box showed you were a horrible driver, maybe your rates would go up, or the insurance company would offer a safe driver course.

    1. Re:Black boxes could be good by prshaw · · Score: 1

      I don't think they can tell if you have been speeding or not. It might say that you drove 50 this amount of time and 100 some other amount, but they won't know what the speed limit was during those times.

    2. Re:Black boxes could be good by MrPink2U · · Score: 1

      Hahahahaha! ...that was a joke right?

    3. Re:Black boxes could be good by mr_jim83 · · Score: 1

      The black boxes only store the last 4 seconds worth of data, so they are only useful in case of a collision. If they stored a year's worth of data, that would be a huge privacy concern. The way I look at it, my insurance company doesn't need to know what my driving habits are unless I cause an accident or get a couple tickets for speeding. If I drive 10 mph over the limit on a deserted highway, it's none of their business.

  55. OnStar! by Anonymous Coward · · Score: 0

    Notice.. that all those vehicles are made by GM or GM companies.. and all contain OnStar with the friendly operator on the end..

    "Hello, This is OnStar.. Sir we're disabling your vehicle because your greatly exceeding the speed limit.. for your safety we are locking you in your car until the officer arrives.. An officer will be there shortly..".. "but.. lady.. I AM A DAMN COP!"

    yes.. OnStar.. all seeing, all knowing.. and you thought you wouldn't want AAA anymore..

    1. Re:OnStar! by Anonymous Coward · · Score: 0

      Being a husband who's wife drives a Onstar equipped car it is nice to know that in case of emergancy help is right there, and if the airbags go off, the car calls onstar automagicaly :) Any time you want to gain security you inherintly will loose privacy; as long as you rely on govt/other people for that security.

  56. GOOD!-Personal Responsability-DOA by Anonymous Coward · · Score: 0

    "I'm curious. What ever happened to personal responsibility?"

    Our worst qualities did it in.
    Responsability hurts. Must avoid pain. Do away with personal responsability. Pain all gone.

    1. Re:GOOD!-Personal Responsability-DOA by TedTschopp · · Score: 1

      Isn't is amazing how we think guilt is a state of mind and not a state of being?

      --
      Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
  57. I'm a dumbass. I meant to say on the first line by slashhax0r · · Score: 0

    That high speed should be kept at the racetrack!

  58. The behavior that will really change by HangingChad · · Score: 4, Insightful

    Is people will learn to drive around another 20 or 30 seconds before calling 911.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:The behavior that will really change by tuffy · · Score: 1
      Is people will learn to drive around another 20 or 30 seconds before calling 911.

      That'll add felony hit & run to the crime, if done in the US - assuming the car can be driven at all after the accident.

      --

      Ita erat quando hic adveni.

    2. Re:The behavior that will really change by Anonymous Coward · · Score: 1, Insightful

      Won't work. The collision with the pedestrian set off the airbags, and that stops the recording of the black box.

      Driving with a airbag in your face and a pedestrian-sized dent in your hood won't work anyways.

    3. Re:The behavior that will really change by bgeer · · Score: 2, Insightful

      Nope, the black box stops recording when the air bags deploy, not when you shift into park or turn it off. To overwrite it you'd have to drive around for 20-30 seconds, and then slam your car into a wall. If the cops can't convict you after pulling a stunt like that, the black box wouldn't have helped them anyway.

  59. Re:Talk about a mixed reaction... by rjfan · · Score: 1

    "I mean, I SHOULD be able to drive like that and I SHOULD be able to kill someone and I shouldn't have to worry about Big Brother knowing about it." No, you shouldn't. That's why we have laws. This type of device isn't an invasion of my privacy. It's to protect me from the dumbass listed in the story.

  60. Another "real issue" scenario by LordFoo · · Score: 1
    What happens when you're stuck in a snowy/icy patch and someone hits you while you're spinning your wheels?

    Your speedometer might think you're going 100 km/h in a 40 zone, but you're actually not moving at all.

    A more reliable measure of velocity / position is required -- possibly a motivation for including GPS in this kind of black box system?

    1. Re:Another "real issue" scenario by karnal · · Score: 1

      At that point, at least on a car with ABS, it could rely on sensors from each wheel to tell how fast the car is going.

      Since a lot of cars these days are front wheel drive, just make sure you're getting readings from the back 2 wheels as well, and weigh the data you get. There will be a lot of instances that would require different schools of thought... if you slammed sideways into a telephone pole, it's possible your wheels weren't moving much to begin with (if you were in a full sideways slide), but then forensics of the tread left on the road would be a good indication of how fast you were going.

      In addition to the ABS sensors, if you have a rwd car nowadays, traction control is pretty much standard (cars... don't think so on trucks...) and unless you hit the little "traction off" button (mine happens to be in the glovebox for not-so-easy-access) you can't spin the tires too much...

      Besides, I don't think there's ever been too much issue with "how fast" someone is going. The guys who do the work on this stuff know their stuff, and could probably take a five second look at the accident scene and recreate 95% of it. The other 5% are the specific details.

      --
      Karnal
    2. Re:Another "real issue" scenario by RobertB-DC · · Score: 1

      Besides, I don't think there's ever been too much issue with "how fast" someone is going. The guys who do the work on this stuff know their stuff, and could probably take a five second look at the accident scene and recreate 95% of it. The other 5% are the specific details.

      I think you've been watching too much CSI. In the real world, "experts" are a bit harder to come by.

      When my wife was a teenager, she hit the brakes, ran off the road and got stuck. A cop pulled up, and gave her a ticket for speeding based on the skid marks. Problem was, those weren't her skid marks! Basically, she got screwed because a small-town cop with little or no training thought he knew what he was doing.

      This is why I say the data should be easily retrieved by the car's owner, without going through the manufacturer. It would have been easy to prove (or disprove) her assertion with that sort of data. Without it, even if she'd gone to court, it would have been teenage girl vs. "expert" cop -- no contest.

      --
      Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
    3. Re:Another "real issue" scenario by shreak · · Score: 1

      The speedometer typically measures speed from the non-powered wheels. So when your car is stuck in the snow with it's wheels spinning, the speedometer shows 0mph/kph.

      =Shreak

    4. Re:Another "real issue" scenario by The+UberDork · · Score: 0

      Nice try, but the speedometer usually measures speed from the output shaft of the transmission, not the wheels at all. Yes, there are exceptions, that use a sensor or angle drive right at a wheel.

  61. Fifth amendment? Not likely. by Kaseijin · · Score: 1, Redundant
    Can a persons property be compelled to testify against him?
    That's pretty much the point of a search warrant.
  62. Intent by akintayo · · Score: 1

    The lack of intent is important. While the driver was reckless the death was an accident.

    --
    Woe be on to them, all who rise against poor people, shall perish in a the end. Buju Banton
    1. Re:Intent by corngrower · · Score: 1

      Lack of intent - my f*kn ass! In Minnesota, if you're trying to flee from the cops in a car, and you hit and kill someone, its called murder! And you get 20 years for it.

    2. Re:Intent by Anonymous Coward · · Score: 0

      I understand that's the legal argument, but going almost 100 mph in a downtown area, you'd have to be a total idiot to not expect to kill someone. It would be safer to fire a gun into a crowded room. Yet if someone fires such a gun, they wouldn't get the same slack if they said they did if just for fun.

    3. Re:Intent by Anonymous Coward · · Score: 0

      The lack of intent is important

      What, you mean he didn't intend to be driving triple the legal limit in a heavily-populated area?

      I suggest you try that the next time you're pulled over, and see how far you get with it.

      "Honestly officer, I wasn't really intending to run that red light, but this car just has a mind of its' own sometimes."

      If he had set fire to a building he thought was empty, and someone died, he'd be up for first degree murder. I see no difference here.

    4. Re:Intent by akintayo · · Score: 1

      While I've never been to Montreal, I doubt the streets are that crowded at 1am. "Heavily populated" implies a lot of people or cars on the street, this may not have been the case.

      If he had set fire to a building he thought was empty, and someone died, he'd be up for first degree murder. I see no difference here.

      Arson is not an accident, it is intentional. This was an accident, his reckless behaviour caused the accident but it is still an accident. Are you saying that someone who smokes in bed and burns down a building should be treated in the same manner as an arsonist ?

      --
      Woe be on to them, all who rise against poor people, shall perish in a the end. Buju Banton
    5. Re:Intent by akintayo · · Score: 1

      It was 1am.

      You can drive past my apartment at 100mph at 1am in the morning without killing anyone. At 7am while everyone is going to work or school, going above 50 may result in a serious accident.

      You could also drive through downtown Raleigh at 100mph at 1am without killing anyone, but during the day it would be impossible.

      My point is that the streets were probably deserted when he plowed into the other car.

      --
      Woe be on to them, all who rise against poor people, shall perish in a the end. Buju Banton
  63. Canada has moved? by Anonymous Coward · · Score: 0

    Is Canada in Europe now? How did they sneak out without us noticing?

    1. Re:Canada has moved? by uberdave · · Score: 1

      We went over the pole.

  64. Re:The guy that got hit deserved it. by Moosbert · · Score: 1
    also montreal drivers know that we're in the jay-walking capital of the world.

    Actually, the jay-walking capital of the world is Stockholm. In Sweden, a red light for pedestrians just means you're not insured if you get hit while on the street. It doesn't say anything about whether you're supposed to go or not.

  65. Other Evidence by BitWarrior · · Score: 1, Informative

    You will not be convicted of anything based on ONLY the black box data. During an accident investigation a huge array of other evidence is naturally collected. If the accident inolves a fatality they will typically look at things down to the state of the filament in the lightbulb (turn signal bulbs, brake light bulbs, etc.) Using information like that they can tell if the bulb was lit when the impact ocurred. A deformed filament means it was heated so it was either on or on very recently. A clean break indicates a cold bulb not recently on. The fact that this a-hole was going 98 does not only come from the black box. Measurements of deformations of the vehicle, what it hit, etc. would allow calculations to determine at least a rough speed. If the calculations all show 20 mph and the black box shows 98 then the black box data will be thrown out the window. If physics calculations show 90 and the black box shows 98 then we're in the realm of statistical error. In short, I believe this is a case where if you're not doing something incredibly stupid you shouldn't be worried, the box will be your friend if you get in an accident. If you are doing something incredibly stupid then STOP IT or expect the box to bite you in the ass!

    1. Re:Other Evidence by theLOUDroom · · Score: 1

      You will not be convicted of anything based on ONLY the black box data.

      Sure you might. Here's an example:

      You're driving along. Your brakes go out, including the brake sensor for the black box.
      You go right into an intersection and t-bone someone. Both cars are totaled.
      In this case it's easy for prosecuters to claim:
      "Look he never pushed the brakes!"
      Any evidence that your brakes were damaged BEFORE the crash might well be obliterated during the crash.

      As a result you just might be found guilty of causing the crash. It wouldn't be the first time an innocent man has been convicted or something, ya know.

      It's very prudent to worry about black boxes. THEY WERE NOT DESIGNED TO BE USED IN COURT. These boxes were designed to record data about accidents so that manufactures could evaulate their own airbag systems.

      --
      Life is too short to proofread.
  66. Germany by va3atc · · Score: 1

    Anyone know if the Autobahn highway in Germany still lacks a speed limit?

    --
    Candle burns its brightest in the dark
    1. Re:Germany by Anonymous Coward · · Score: 0

      The Autobahn has no speed limit, by default, but about 90 percent of all Autobahn kilometers have an additional speed limit on top of that.
      In other words, only about 10 percent are without a speed limit, the rest have a limit (~130 km/h)

    2. Re:Germany by evil_one · · Score: 2, Informative

      Certain parts don't have a speed limit, however, your insurance coverage decreases in relation to speed over a fixed point, so if you're doing 200 km/h on the autobahn, you're personally liable for every little bit of damage you do when your tire blows.

      --
      Desperation is a stinky cologne
    3. Re:Germany by Ozan · · Score: 1

      There is still no general speed limit, but 130km/h is considered as "suggested speed". If you are going on a much higher speed and get involved in an accident the burden of proof is on you to show the accident would have happened even if you were going at that suggested speed. Otherwise you are considered to be guilty to a certain extend (e.g. 30%). This only applies to civil damages. Any manslaughter charges etc. require a genuine error made by you.

  67. Everything here was done the way it should be by Cecil · · Score: 4, Insightful

    I have no problems with the way this happened. I still have some faith in the legal process in Canada. The prosecutor petitioned the judge for the right to use the black-box as evidence, and won that right only after they had presented severe inconsistencies in testimony and evidence.

    He was supposedly going just over the speed limit, but the excessive damage to the cars didn't support this. There were no skidmarks to suggest that he had tried to stop. He said the other car was running a red light. There were just a lot of things that didn't add up.

    So, rather than just making a guess at who was right and who was lying, they brought in more evidence to make sure. That makes me feel more confident, not less. I'd rather have justice properly served, than not introduce that evidence for some silly reasons.

    I'm a huge privacy advocate, but I don't oppose things like properly-granted search warrants, nor do I oppose this. If it gets abused in the future, then something should be done to prevent that abuse. But in this case, everything was done correctly, and what do you know, the system works.

  68. Montreal Driving by Lord+Haha · · Score: 2, Insightful

    I used to live out that way (few blocks west)... Going fast on the road say 80ish wasn't that out of the norm, but nearly twice that, knowing that pedestrians/cars can suddenly come out of some blind alleys or out of the parking garages, serves him right to get in an accident, shame though he is only losing his license for 3 years, considering at least half of that will be time spent in jail...

  69. Re:Talk about a mixed reaction... by MirgNave · · Score: 1

    I'd have to disagree with at least one of your boldly pronounced SHOULDs. You should NOT be able to kill someone and you most certainly should not be able to do it without worrying about big brother. That is precisely the point of government, you have all the freedom in the world, but that freedom comes to a screeching halt at the doormat of other people's freedoms. You are right on one thing though, you SHOULD be able to drive that fast. Buy only if you are able to do so without endangering anyone else's life. Whether or not that is even possible is certainly open to debate. In fact that very much is a valid debate. We have, as an aggregate, given up our freedom to drive that fast, because most interpret it as an unsafe act with great potential to hurt others. There are clear parallels here to gun control. Avoiding a constitutional argument, what is the difference between speed limits and gun control? If you dislike one, you should dislike the other.

  70. Good riddance to bad rubbish. by heyitsme · · Score: 5, Insightful

    Well, I have some karma to burn, so here we go.

    157 km/h, in downtown Montreal.... what the fuck are you thinking?

    This guy deserves it. How is this any different from an outside CCTV camera catching the whole incident? This makes everyone accountable.

    The recording device, which stores data on how a car is driven in the last five seconds before a collision, showed that four seconds before impact, the driver had the gas pedal to the floor and didn't brake before impact.

    +1 for perfectly reasonable uses of monitoring technology. Note how (a) it only recorded because there WAS an accident (post facto) and (b) the evidence was used only because someone was killed.

    Let the leadfoot rot.

    1. Re:Good riddance to bad rubbish. by Anonymous Coward · · Score: 0

      157 km/h, in downtown Montreal.... what the fuck are you thinking?

      You have obviously not visited Montreal. There are two modes of driving in downtown Montreal: standing still in a traffic jam and practicing for the next Formula 1 Grand Prix.

    2. Re:Good riddance to bad rubbish. by Pig+Hogger · · Score: 1
      157 km/h, in downtown Montreal.... what the fuck are you thinking?
      He was thinking normally - for a Montréal driver...
  71. It is a balance, privacy should not be used to lie by scorp1us · · Score: 5, Interesting

    I hold the notion that privacy does not exist when you are on a motor way. It is only a matter of witnesses vs black box. The black box is more stustworthy. If you disagree and think that this data should not be availible, then I ask you how many other ways do you think the cops have to estimate his speed? From the damage to the car, pedestrian, and eye witnesses (if any) they can estimate his speed at impact. Its simple forensics. The black box just makes it more certain.

    How acturate are they? Very. There are two ways to control the fuel injector pulse in cars. ine is Mass Air Flow (MAF) and the ither is speed-density. Either way, the computer is accurate enought to mix fuel to milliseconds on the injector pulse. (And we know milliseconds are forever to a MHZ computer)

    The if MAF, the fuel is calcualted by the reading from the MAF sensor which gives the amount of air flow into the engine (take sint oaccount temperature of air too). Add 1/14.7 of that, and you have proper mixture. The other way is speed density. You measure the temperature of the air, the volume (displacement) of the engine, and the RPM, and it knows how much fuel to use as well.

    Now that engine is connected to a transmision of fixed ratios. Here, we need to make an assumption, 1) the clutch is not in or failing (slipping) and 2) his wheels aren;t spinning against the pavement. Then from the RPM alone (which we know is tracked) you can accurately calculate the speed.

    I think these boxes are a good thing. They will expose negligence and fraud. Also I think they have a tendancy to coroberate your story in an accident and actually come to your defense - that you actively tried to aviod it. All this helps place the blame on the correct person so justice can be served fairly.

    I myself have been in 2 accidents where my guilt was questionable, had these been availible I am sure I would not have been at fault.

    If you're using privacy to hide the truth, then there's something wrong with what you are doing, and you know that.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  72. An exceptional case? by dfinney · · Score: 4, Insightful

    This is an emotionally charged case where the individual was clearly at fault. As a test case, is this sufficiently compelling to allow it to stand as a precedent? After all, if you have nothing to hide, why should you be concerned that your driving behavior is being monitored?

    One might even extend this surveillance to gather even more data. Perhaps there should be continual video surveillance of the inside of your car to monitor for unsafe behavior. Even better, perhaps the police should even be allowed to search your vehicle anytime they wish to ensure that you are not carrying any stolen goods or contraband. If you have nothing to hide, why should you care?

    Take it a step further. Perhaps there should be continual video surveillance of the inside of your home to ensure your safety, monitor for unsafe behavior and check for stolen goods.

    It is exactly this attitude on the part of the British that stimulated the Revolutionary War. There are many good reasons to allow the redcoats to trample on an individual's private life, much like the example in the article. But are these good enough reasons to turn loose of these rights?

    1. Re:An exceptional case? by Anonymous Coward · · Score: 0

      Your driving behavior is not being monitored you idiot. The black box records the car's behavior in the last 5 seconds before the airbag is deployed. As such, it doesn't set any precedent whatsoever on monitoring your driving behavior. You're just a FUD-monger, period.

    2. Re:An exceptional case? by superbam · · Score: 1
      Since when is driving a right?

      The way most people drive I think more monitoring would be a good thing. Better yet, take the human factor out and let computers drive.

      --
      We've tried nothin' and we're all out of ideas. - Ned's Mom
  73. only 18 months? by Anonymous Coward · · Score: 0

    Thats quite the tin foil hat youve got on there michael.. first the video camera in the cinema and now this. Off with the tin foil hat already. That bastard got off too light with 18 months. Hang him. What a non story.

  74. As yet ? by akintayo · · Score: 1

    Increasing the amount of storage is not an onerous task. Nor is changing the parameters for recording. Allowing the black box to save ever incident above 55mph or hard breaking/acceleration is relatively trivial.

    And if you are okay with using them in these circumstances, why not use them for other life saving tasks ... like reducing speeding.

    --
    Woe be on to them, all who rise against poor people, shall perish in a the end. Buju Banton
    1. Re:As yet ? by Krieger · · Score: 1

      That assumes that driving regulations are the same everywhere. There is no longer a universal speed limit in the US. There are cases where people are speeding in a school zone, etc. It is beyond difficult to define the correct parameters to record that would allow a driver to prove innocence, (hey isn't this the country where we're innocent until proven guilty or the reverse?)

      Many other posters are elaborating on this, but the how the black box is made, calibrated, and accessed are critical.

      How is it calibrated? Does it get re-calibrated? (I suspect that it is unlikely to ever become so off (read 10mph+) that it would be an issue)

      Who has the ability to access it? The car sensors, you, the police?

      Can it be erased? should you be able to?

      Can you have it retain a specific instance?

      See later posts for a more elegant enumeration of the issues.

  75. that's nothing by univeralifepadre · · Score: 4, Funny

    driver got 18 months in jail for speeding that killed man

    the guy in the movie theater got a year and all he had to do was take out his videocam.

    1. Re:that's nothing by tommck · · Score: 1

      This is not as Funny as it is Insightful. It does point out how disproportionate the penalties are...

      the driver should get 5 years at least and the guy with the cam should get about 5 days... (MAYBE!)

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    2. Re:that's nothing by Anonymous Coward · · Score: 0

      The movie guy's mistake was that he was doing it in the USA.

    3. Re:that's nothing by Anonymous Coward · · Score: 0

      BZZZZT!! WRONG!! The movie guy should get fined only with no further criminal records. The driver should possibly get a longer sentence, but 18 months should be enough for rehabilitation and/or dissuading other normal people from behaving the same way.

      Get it through your self-centered head: Just because the American justice system is so out-of-whack it doesn't mean all other countries should be the same!

    4. Re:that's nothing by tommck · · Score: 1

      What is there about "(MAYBE!)" that you didn't understand??

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
  76. Privacy concerns? by thewiz · · Score: 4, Insightful

    A automobile black box is a great thing as it allows the police to prove the guilt of an individual who killed someone with a car while speeding. It would also allow someone to prove they WEREN'T speeding when they hit someone that stepped out from between two parked cars instead of using the crosswalk.

    The only thing a blackbox records is what the car was doing, not what you were doing. The police still have to prove YOU were the person behind the wheel.

    If they were to start equipping cars with interior video cameras to record the occupants, then I'd be worried about my privacy!

    --
    If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    1. Re:Privacy concerns? by iamacat · · Score: 1

      Yes, so now I can be guilty of manslaughter if I was going 35 in a 25MPH zone, when someone stepped out from between two parked cars. Whereas eyewitness accounts would still say I was going with a reasonable speed.

    2. Re:Privacy concerns? by geek · · Score: 1

      "f they were to start equipping cars with interior video cameras to record the occupants, then I'd be worried about my privacy!"

      You have no more privacy on a public road than you do sitting at a table in a diner. You can not be in public and expect to keep privacy.

  77. "seeked", "evidences" by Anonymous Coward · · Score: 0
    Dear God you sound illiterate (or American). It's "sought." Not "seeked." Evidence is also singular ("non-count" actually).

    Furthermore, going over the speed limit is a crime - sure, victimless (although excessive speed is a likely catalyst for accidents), I'd agree with that, but by definition it breaks the law so it's a crime.

    1. Re:"seeked", "evidences" by javatips · · Score: 1

      The fact that I do not spell english correctly does not makes me illiterate. I'm just not a native english speaker... You are probably illiterate for assuming that everybody in the world should write good english.

      Second, a dictionnary is not the place to see if something is a crime or not. Speeding is not a crime in Quebec, Canada. As far as my knowledge goes it's not a crime in most country including the USA. If it were a crime to brake any kind of regulation then almost everybody would be criminal. Speeding a little over the speed limit is the same thing as not paying for parking when you should. It becomes a crime when death is involved or when the speeding is considered careless driving (like when you go 3 times the speed limit).

      But as you seem so literate, you should already know about all this.

  78. Agreed! by slashhax0r · · Score: 0

    I think he should be nailed to something. That said, the guy who was videotaping in theatres probably shouldn't see a year in jail.

  79. Would have got him anyway... by TamMan2000 · · Score: 1

    In a flagrant case like this, I am really glad they nailed the ass hole, but there was plenty of evidence without the box. A lack of skid marks indicate no braking, conservation of momentum give the approximate speed at the time of the colision, as does the magnitude of the damage.

    The fact is, in cases like this, you don't need a black box to know that this guy was doing more than double the speed limit...

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    1. Re:Would have got him anyway... by Pig+Hogger · · Score: 1
      conservation of momentum give the approximate speed at the time of the colision, as does the magnitude of the damage.
      It's not always that easy. There can be hidden defects.

      Case in point: a friend of mine works for the railroad. One day, he coupled his train to an automobile-carrier car, whose coupler buckled and this jacked-up the car which then derailed, damaging beyond repair many of the 15 Cadillacs that were on board.

      Of course, he was nailed for "coupling at excessive speed", because "what else could make the car derail". Luckily for him, he went to the car repair shop with his camera, and took pictures of the coupler shank, which was cracked (not a recent crack: it was rusted to the core).

      Those pictures enabled him to walk away from the hearing with a small reprimand (for being a smartass that was right) instead of losing his job.

  80. what is next? by kdachev · · Score: 0

    Then, we'll have a blackbox in your knife, to see what happened the last 5 secs before you cut this bread, err... stabbed somebody.

    A blackbox in your toothbrush, to see how often you brush your teeth, before sue you dentinst...

    Mmmm, I still prefer my old peugeot - it doesn't have anything like this - but I also don't think one should drive THAT fast in a city...

  81. Re:The guy that got hit deserved it. by chrisbtoo · · Score: 1

    He should've looked both ways before crossing the street.

    He was driving. Obviously I wasn't there, but chances are he was crossing the intersection on a green light, too.

    --
    Registering accounts later than some other chrisb since 1997
  82. List of cars with black boxes. by emaveneau · · Score: 3, Informative
    List of car makes/models with such black boxes 51kb, 8 pages, possibly not exhaustive.

    Source story from where the link comes.

  83. It's just one piece of evidence by linuxwrangler · · Score: 4, Insightful

    Sure the "black-box" provided some evidence but it probably just corroborated other evidence making the case somewhat stronger.

    I don't know all the evidence the police have but it probably includes: severity of damage, lack of skid-marks, testimony of the passenger in the vehicle, and distance that objects in the collision were thrown.

    I'll bet they have a pretty good idea of the speed involved without the black-box. Maybe not that he was doing 3.14 times the limit but, say, 2-3 times the limit. Two decimal accuracy isn't important. The fact that he was way, way over the limit combined with his driving history is what sealed his fate.

    A better question is why, given his track record, was he allowed to drive and why is his punishment for wildly reckless driving resulting in the death of a human being a mere 18 months and why is he banned from driving for a mere 3 years? He obviously didn't learn his lesson after the previous triple-the-speed-limit crash.

    --

    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
  84. This *IS* a non-story by Saeed+al-Sahaf · · Score: 4, Funny
    I can get angry about it when people start suggesting that black boxes shoulld be mandatory, and that's the next logical step in this case.

    Yeh, who knows! Today they want to use these things to pop people who run down and kill other people, tomorrow they'll want to plant the damn things IN OUR HEADS!

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  85. Convicted! by Anonymous Coward · · Score: 0

    He was convicted because of the data. NOT arrested!

    No bitch about your rights being messed with michael?

  86. Re:Talk about a mixed reaction... by Anonymous Coward · · Score: 0

    But it didn't protect the guy who got killed.
    So many people seem to believe passing laws will solve problems. Doesn't work. Nobody can force anyone else to obey laws.

  87. Legal? by Fuzzums · · Score: 1

    Is it legal to have your own car testify against you?

    --
    Privacy is terrorism.
    1. Re:Legal? by tommck · · Score: 1


      Well, the rule is:

      If you are married to your car, it can't testify against you.

      Gotta get myself to the Preacher!

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    2. Re:Legal? by LostCluster · · Score: 1

      Car's don't testify... they can't be sworn and can't speak. What has to happen is that an expert witness qualified in examining the device will do so, and then testify to the court as to what he discovered from his analysis, and what he thinks it means.

      No different than the accident reconstructionist trying to guess the speed based on what was seen at the scene after the fact... except that this technology gives a more percise number.

    3. Re:Legal? by Dun+Malg · · Score: 5, Insightful
      Is it legal to have your own car testify against you?

      Is it legal to have your own fingerprint testify against you? Your own freezer full of severed heads? The rifling of the barrel of your own pistol? In the U.S., at least, the 5th Amd only protects you from SELF incrimination. Neither your car's black box nor the bloody knife you dropped at the murder scene can be considered part of your SELF. Besides, the only thing you're protected against is compulsory self incrimination, e.g. verbal testimony.

      --
      If a job's not worth doing, it's not worth doing right.
  88. Some Montreal context by maggard · · Score: 2, Informative
    First off it helps to understand that Montreal has a terrible drunken driver problem. The city is rightly renowned for its amazing nightlife but unfortunately too often this spills over into the streets, often with tragic consequences.

    Indeed among my social circle it's common to leave clubs a half hour before last call (3am) or plan on hanging out in a late night coffee shop or restaurant for 'til at least 4am before braving the downtown streets. Even then many of us intentionally take indirect routes to avoid the drunks.

    Its also useful to know that by US terms Montreal isn't a violent city. Indeed when I moved here I was appalled at all of the car crashes that lead the evening news. At least, I was appalled until I realized it was simply the maxim if it bleeds it leads in action and where US cities would have killings and gunfire in Montreal the news was having to settle (!) for mostly car accidents.

    The result is for the press, especially the extensive tabloid press, accidents and incidents like this are big news. Every media outlet in Montreal is talking about this today, and I'm sure tonight many partiers will be reconsidering their travel strategies.

    Finally, Ste. Catherine is the east-west "Main Street" through Montreal. Its a heavily built up with large and small stores, theaters, restaurants, and yes being Montreal, stripper clubs mixed in too. Even at 1am it is always heavily trafficked, both with vehicles and people coming and going through downtown.

    Frankly at Ste. Catherine & Foy there's no way one could reach the speeds this yoyo was going unless one floored the gas and held it (as his blackbox read.) It's not like cruising down main street in some small plains town where the signs at 1am are a formality and there's not a soul to be seen, this is a light every block with folks on the sidewalks everywhere and steady traffic throughout.

    So yeah, it looks like Quebec courts are gonna start using the 'expert testimony' of black boxes. Frankly I'm not concerned as the courts here do pretty much bend over backwards to find reasonable doubt and I've heard of cases dropped and evidence suppressed on some exceedingly conservative grounds.

    Compared to eyewitness testimony from traumatized folks, measuring skid marks and vehicle deformation, debris fields patterns, etc. these numbers are probably going to be useful, especially at confirming or contradicting all of the other evidence. in my book that's a good thing and you're vehicle is right is right in being mined for information, be it a crushed windshield, blood on the bumper, or data in it's black box.

    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
    1. Re:Some Montreal context by Anonymous Coward · · Score: 0

      Indeed when I moved here I was appalled at all of the car crashes that lead the evening news. At least, I was appalled until I realized it was simply the maxim if it bleeds it leads in action and where US cities would have killings and gunfire in Montreal the news was having to settle (!) for mostly car accidents.

      Reminds me of when I moved to my current city. A friend told me that I should be careful because there's a lot of news about drug problems in one part of this city. I said if drug problems are the biggest news to come out of that city then it must be a great place to live in.

  89. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  90. Only 18 months? by hackshack · · Score: 0, Redundant

    I see the relevance of posting this article to Slashdot- black box used as evidence- but what I found more interesting is that the guy's being sentenced to only 18 months for the murder of another person.

  91. 18 Months is not enogh by MrRuslan · · Score: 2, Insightful

    the guy knowingly broke the law and commited involatary manslaghter ...i say 5 to 10 without a drivers licence for the rest of his life to discouradge other from doing such stupid shit and posing a risk to others in the proccess...the guy is an idiot...

  92. GOOD!!!! by Theovon · · Score: 1

    I think privacy is important, but in my opinion, you forfeit many such rights the instant you hurt or kill someone.

  93. Can the box be trusted? by CristalShandaLear · · Score: 1

    So let's say the guy freaks out just before impact, he's repeatedly mashing on the brake, misses and hits the gas, then impact.

    Last five seconds shows he revved up to 157 mph so that must be what caused the crash, right?

    What I'm saying is, I wonder if it's possible for the data to be interpreted more than one way. In a case like this, it's easy to want the guy to fry. I'm just playing devil's advocate here because I personally think that if he's guilty (and gosh he appears to be) he should be locked up for a long time. 18 months is just not long enough.

    But I suppose that's why we have a constitution, due process and concepts like innocent until proven guilty; to try to make an honest effort to prove guilt and come up with appropriate punishments; to keep people like me from making snap judgements off little evidence, getting a rope and hanging guys like that.

  94. Make people personally responsible. by bmetzler · · Score: 3, Insightful

    If having black boxes in cars will make people more responsible for their actions, I am all for it. If they mean less people will die or be injured as a result of a driver breaking the law, it is a positive thing. I support black boxes because I believe in personal responsibility and accountability.

    I do think this would make the world a better place.

    -Brent

    1. Re:Make people personally responsible. by List+of+FAILURES · · Score: 0

      While I tend to agree with your stance on the black boxes. I think the phrase "personal responsibility" is overused. The people who lay claim to it are usually using it in the most self-serving way. This is how I imagine you see the term. For you, it's less about "personal responsibility" than it is about what you can personally gain from a situation.

  95. Search Warrent by thejuggler · · Score: 5, Interesting

    Every should assume their new cars can record their driving habits, but the justice system should be required to get a search warrent to get access to that black box. This means the need to show probable cause that says the need to get access to the box. And just being in an accident is not probable cause. They should need to show evidence that you were in fact in violation of some law and that the black box could provide the proof of that violation.

    I am not a lawyer, I just watch people that pretend to be lawyers on TV.

    1. Re:Search Warrent by MoneyT · · Score: 1

      Well wouldn't being in an accident be in violation of the law? I mean destruction of property, impedeing the normal flow of traffic. etc

      --
      T Money
      World Domination with a plastic spoon since 1984
    2. Re:Search Warrent by operagost · · Score: 1

      Not if you didn't cause it! Investigators have been determining the cause of an accident based on forensics for years, without a black box. The black box is merely useful for getting more accurate readings and corroboration. I think it's reasonable to expect them to do traditional analysis of debris, damage, and tire marks before violating people's personal property.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    3. Re:Search Warrent by Lars+T. · · Score: 1

      A damaged car at the scene of an accident where somebody is killed is evidence, period. If you want to commit crimes, drive careful, damnit.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    4. Re:Search Warrent by Anonymous Coward · · Score: 0

      "And just being in an accident is not probable cause. They should need to show evidence that you were in fact in violation of some law and that the black box could provide the proof of that violation. "

      So you also suggest probable cause in using airplane black boxes in crash investigations?

    5. Re:Search Warrent by MoneyT · · Score: 1

      How would they be violating your property? In the interest in collecting evidence for the accident, they plug a cable into your car's computer and pull the data.

      --
      T Money
      World Domination with a plastic spoon since 1984
    6. Re:Search Warrent by some2 · · Score: 1

      I agree there should be a requirement of a search warrant before obtaining the data. It seems it would be relatively easy to obtain a warrant in the case of someone hitting someone at ~ 100mph (and/or 3x the legal speed limit), thus, it would prevent the possible practice of using them for all types of driving infractions. I'm surprised the guy didn't get manslaughter, or at least a longer sentence. He gets to walk out of jail, and got to have fun in his car, the other guy didn't fair so well. "... the judge listed a dozen cases from between August 1999 and November 2002 in which drivers convicted of the same offence were spared imprisonment." Moral of the story: Dont' walk in canada, at least if you dont' want to worry about cars doing 3x the legal limit, hitting you, and getting a slap on the wrist for your death.

    7. Re:Search Warrent by xdroop · · Score: 2, Informative
      They should need to show evidence that you were in fact in violation of some law and that the black box could provide the proof of that violation.

      Open-and-shut in this case, I'm afraid... the defendant claimed he was going just a little over the 50 Km/h limit, but there was excessive damage to both cars. Also, the defendant's spedometer was frozen by the crash at 125Km/h (the video was on the CBC last night). Put that all together, and you have probable cause that he was excessively breaking the speed limit, giving you the legal handle required to sieze the data.

      --
      you should read everything on the internet as if it had "but I'm probably talking out of my ass" appended to it.
    8. Re:Search Warrent by thejuggler · · Score: 1

      Fine, thats how it should work. I just don't want cops to be able to show up (without cause or warrent) and plug into my car and issue a ticket because they found I went over the speed limit yeasterday. This assumes that the data recorder was expanded to remember a greater amout of data. It could happen. I can see wacko groups (ie.MADD) calling for laws to mandate that the recorder hold a day, week, or months worth of data.

    9. Re:Search Warrent by nacturation · · Score: 4, Informative

      Every should assume their new cars can record their driving habits, but the justice system should be required to get a search warrent to get access to that black box. This means the need to show probable cause that says the need to get access to the box. And just being in an accident is not probable cause. They should need to show evidence that you were in fact in violation of some law and that the black box could provide the proof of that violation.

      I'm not sure if it's this specific case (probably is) but the driver essentially got an insurance claim out of the accident. Naturally, going that fast the car was a total write-off. Now in exchange for the insurance money, the posession of the car was turned over to the insurance company. Because the vehicle is now the property of the insurance company, no warrants are needed and they can legally search over every square millimeter to find any evidence they want.

      Had the driver refused an insurance payout and claimed that the car, or what was left of it, was his property and he would not be releasing it nor accepting any insurance money, likely this would never have resulted in a conviction (barring an application to the courts for a warrant to search his car for the evidence).

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    10. Re:Search Warrent by John+Courtland · · Score: 2, Informative

      Failure to yield is usually what people get.

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    11. Re:Search Warrent by mog007 · · Score: 1

      Cars are exempt from the fourth amendment. Why? Because they're mobile. For a search warrent to be issued for your home, it has to go through a judge, but for a search warrent isn't needed to search a car, only one thing is required: The cop has to have probable cause, which is always at the cop's whim, not a judge.

    12. Re:Search Warrent by ITeacher · · Score: 0

      I think you might have a valid point if your vehicle was parked when struck. They can probably use "implied consent" the rest of the time. But why all the flap about "driving habits" with a 5-second data recorder? If you think they can determine your driving habits from only 5 seconds of data, you are either a truly bad driver or truly paranoid.

      --


      ...you can feed'em information, but you can't make'em think

    13. Re:Search Warrent by Anonymous Coward · · Score: 0

      Every should assume their new cars can record their driving habits, but the justice system should be required to get a search warrent to get access to that black box. This means the need to show probable cause that says the need to get access to the box. And just being in an accident is not probable cause. They should need to show evidence that you were in fact in violation of some law and that the black box could provide the proof of that violation.

      1. Who the hell knows what rights you have in Canada vs. unreasonable searches? Canadians do, but I don't, and US tv shows don't.

      2. If this were in the US, an interested attorney would issue a subpoena for the black box. No search would be needed, in all likelihood.

      3. It's search "warrant" btw.

    14. Re:Search Warrent by Wellmont · · Score: 1

      I'd say the probable cause in this case was found when they examined pictures of the flattened corpse and the suspects unwillingness to tell the truth. Those blood stains streaking across the car from back to front could have had something to do with it as well. Probable cause is something that is jerked around with in the system, i've never seen anything more blatently abused in order to strike out offending information, but hey it's the law aint it?

    15. Re:Search Warrent by Anonymous Coward · · Score: 0

      This is Canada. In the US, unless you're drunk or stoned, a Representative from South Dakota, or evading the police, chances are not much will happen to you, if you do something like this nob in Canada did.

      Look at the cop's wife in Bothell, WA, who obliterated a whole family on I-405 last november.

      Or the old guy who plowed down a pedestrian mall and killed 10 or 15 people (it took about 3 blocks before he hit an Immovable Object and thus stopped).

      And, about 6 years ago, the truck driver who obliterated a family on I-94 in Gurnee, IL (who had a commercial license obtained by bribing the license examiner, which got Gov. George "People of Illinois, I'm not a crook!" Ryan to not run for re-election, because he was the Sec of State of Illinois when the guy got his license).

      Nope, better to mow someone down with your car than accidentally give them acute lead or stainless steel poisoning.

    16. Re:Search Warrent by TGK · · Score: 1

      There's other laws protecting you from that. You can't be issued a ticket from those cameras at stop lights for the same reason.

      If the camera/black box/whatever can't tell -=who=- was driving the car, they can't give a ticket to anyone.

      Now, if you're in a wreck at a stoplight and the camera records car A running the light, the driver of car A can be charged even if there are no other witnesses.

      If the cops jack into your Black Box and discover you were going 120 in a 65 zone they can't do shit about it because they haven't the slightest idea of weather it was you, your wife, your daughter, or some kid that stole your car and went for a joy ride.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    17. Re:Search Warrent by Unregistered · · Score: 1

      That seems like a violation of the fifth amnmendment. They can't say you'll be fined $10000 for not testifying, voiding the insurance contract is basically the same thing.

    18. Re:Search Warrent by Baadfast · · Score: 1

      " That seems like a violation of the fifth amnmendment"

      Dude...Canada - remember? ;)

    19. Re:Search Warrent by xdroop · · Score: 1

      Very true. However in this case, the EMS crews who extracted him out of the driver's seat (and his friend from the passenger's seat) can testify to the search warrant as to who they found in which seat, which leads to a preponderance of assumption that tweedledumb there really was driving.

      --
      you should read everything on the internet as if it had "but I'm probably talking out of my ass" appended to it.
    20. Re:Search Warrent by soft_guy · · Score: 1

      I was in an accident recently when the person behind me failed to stop and ran into the rear of my car. I had my foot on the brake which prevented me from hitting the car in front of me. Tell me how I broke the law.

      --
      Avoid Missing Ball for High Score
    21. Re:Search Warrent by soft_guy · · Score: 0, Flamebait

      Its in Canada - they don't have the US Constitution. Canadians do not have rights.

      --
      Avoid Missing Ball for High Score
    22. Re:Search Warrent by SemperFiDownUnda · · Score: 1

      Wouldn't you want them to pull your black box? I mean it would show you not moving when you where rear ended putting you not at fault. Otherwise the other driver could say "He reversed right into me" which actually happened to my ex-wife. Stupid lady in a SUV decided she wanted to make a U turn at a red light so before it went Green she backed right into my car. Thank god there was about 8 other cars around to see what the stupid lady does.

      Thing is if you've done nothing wrong these boxes will prove that too. Say you where driving the speed limit and someone pulls out infront of you and clames you where going to fast your box will prove them wrong....it will work both ways.

    23. Re:Search Warrent by SemperFiDownUnda · · Score: 1

      This is why in places like Australia you have red light cameras that also double as speed cameras. So when you speed thru that red light you'll get 2 tickets....or if you just speed thru the Green or Amber light you'll get a speeding ticket. The cops have better ways to catch people. It just amazes me how many people think "If I don't get caught in person it isn't a crime" Guess thats what people think when they kill someone, "Hey no one saw me rape, murder and dump that girl in the gutter. I didn't know the security cameras caught it all...I should be set free because an actual cop didn't catch me."

      Commit the crime then pay the time I say

    24. Re:Search Warrent by SemperFiDownUnda · · Score: 1

      They can give you a ticket. What happens here in Australia is that up to a certian limit you just get a fine you have to pay. After a certian limit the owner of the vehicle gets the fine and demerit points (ie they are deemed the driver) unless they provide who was driving the vehicle at that time. Sinse you don't get a ticket for about 1 week after the offence if you claim your car was stolen and don't know who did it but never reported the car stolen then .... tag you are it. Now .... there is a differense between cameras that are there to monitor traffic conditions and speed/red light cameras. But the traffic condition cameras can be used as any security video footage. They can prove your car was at the scene and if you are caught on film with a good enough picture then you can be shown to have driven the vehicle.

    25. Re:Search Warrent by SemperFiDownUnda · · Score: 1

      Even if this was the US its not the 5th. He had the right not to accept the insurance (ie pleading the fifth) There is no Doctor-Patient confidentiality between and insurance company and a customer Hopefully the insurance company got their money back and sued him for fraud too.

    26. Re:Search Warrent by Anonymous Coward · · Score: 0

      There must be an awful lot of lawyers who would be out of work if deciding blame in an accident was as easy as accessing the black box. I/m sure they hate this idea.
      About 3 years ago I was looking for a unit that would replace my rear-view mirror, that would have a camera looking forward, and record the last 5 seconds of video, and retain that video on impact.
      I found that someone had talked Mitsubishi into building one, and offering it in Japan. I flopped miserably. The reason? In Japan, nobody sues, and if they are at fault in an accident, they admit it.
      No wonder Japan has 1/10th the number of lawyers per population!

    27. Re:Search Warrent by Anonymous Coward · · Score: 0

      So the next logical step is for the insurance company to compell you to provide the black box data upon request, as part of the terms of the insurance. So then if you don't want to hand it over, they can get a court order, and having verified that you were breaking the law prior to the accident, can refuse any liability.

    28. Re:Search Warrent by 6Yankee · · Score: 1

      the justice system should be required to get a search warrent [sic] to get access to that black box. This means the need to show probable cause that says the need to get access to the box. And just being in an accident is not probable cause.

      If I crash my car badly enough that the police are involved, I'll have to undergo a routine breath test (I'm in .uk). I don't see how taking data from a black box to see if I was speeding is any different from taking data from my breath to see if I'd been drinking. I was also breathalysed after being caught speeding, and thought nothing of it. This is also routine (not the speeding, the breath test).

      They should need to show evidence that you were in fact in violation of some law and that the black box could provide the proof of that violation.

      If they don't smell alcohol on my breath and I can walk straight, what evidence do they have that I was over the drink/drive limit? How do they get "probable cause"? The breath test is routine, whether you reek of whisky or not - and I don't see any harm in a black-box check also being routine.

      Of course, I might disagree if I were convicted on what the box said. I guess I'll just have to crash hard enough to wreck the black box :)

    29. Re:Search Warrent by soft_guy · · Score: 1

      Sure I would. I was responding to the notion in the parent post that all people who are in car accidents have broken the law.

      My sister was once rear ended on the freeway by someone who was drunk and driving on a suspended license and she still lost in court because the guy claimed she stopped on the freeway "for no reason". In reality she stopped because the car in front of her stopped (i.e. it was a traffic jam) and the drunk fool behind her did not stop.

      The fact that she lost in court would have been enough to convince me it was time to move away from Oklahoma, but she still lives there!

      (She actually was found to have been at fault!)

      --
      Avoid Missing Ball for High Score
  96. Instead of removing it... by Ribald · · Score: 1

    Just rig up a switch that will dump a couple capacitors into the recorder. Those used in really crazy stereo installations should work.

    Obeying the law and get hit--cool, the recorder will show that.
    Driving at the speed of stupid and plow through a bus stop--flip the switch so there's a bit less evidence.

    In all seriousness, though, it looks like things worked how they're supposed to this time--the guy got caught being criminally stupid, and is paying the price. Like above posters pointed out, though, the data could be misconstrued. Wheels spinning on a loose surface might look like you're going 100 mph.

    I don't think these things are complicated enough to employ any kind of inertial rate sensors--accelerometers and gyros could tell you precisely what the vehicle was doing in three dimensions, but at great cost.

    In the meantime, just keep that capacitor charged :)

    --Ribald

    1. Re:Instead of removing it... by strider3700 · · Score: 1

      I don't care about faking the data. I drive fast on a track. My concern is removing this equipment was a sideaffect of a different upgrade and it could be illegal for that reason.

  97. What would be the equivalent in the States? by reverendG · · Score: 2, Interesting

    This guy Gauthier was going 98 miles an hour in a 30 MPH zone, and killed someone, and severely injured his passenger. What would be the analogous charge in the US? I can't believe that he's only getting 18 months in jail and his lawyer is calling the punishment "very very severe."

    I'm not defending the US justice system, I think we have some f'd up laws, but this sentence seems pretty lenient to me, consider the guy's obviously a maniacal driver.

    --

    Why should I argue rationally with someone being irrational? I'll just mock them instead.
    1. Re:What would be the equivalent in the States? by superbam · · Score: 1
      Women lost control of her SUV on a snowy road, passenger was killed. Faces 2.5 years.
      http://www.thebostonchannel.com/automotive/2029412 /detail.html

      Man was drunk, driving way to fast through a suburb, killed 2 young women. 30 years in prison.
      http://www.theregister.co.uk/2003/07/03/air_bag_bl ack_box_nails/

      Similar situation as the Canadian. Man was speeding, ran into another car. 4 years.
      http://www.lowcountrynow.com/stories/032003/LOCbla ckbox.shtml

      --
      We've tried nothin' and we're all out of ideas. - Ned's Mom
  98. Re:The guy that got hit deserved it. by Anonymous Coward · · Score: 1, Interesting

    driving 157kph is insanely fast given the size of the streets here,

    montreal drivers know that we're in the jay-walking capital of the world.


    Both are reasons to question the black-box data. Sounds like it is pushing the limits of the "laugh test" could this driver really have been driving that fast given the location? Is there corroborating evidence? If the victim really was hit at 157kph, forensics should be able to verify that independent of the black-box.

  99. Not so fast, bub by Safety+Cap · · Score: 2, Insightful
    ~ your driving license is a privilege, and not a right.
    Let's take a look at Black's law dictionary:

    PRIVILEGE: "A peculiar right, advantage, exemption, power, franchise, or immunity held by a person or class, not generally possessed by others."

    RIGHT: "Rights are defined generally as 'powers of free action.' And the primal rights pertaining to men are enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law."

    According to several US Supreme Court decisions (see U.S. v Guest, Shapiro v Thomson, et. al.), the right to travel freely is enjoyed by all citizens. As the primary purpose of driving is to travel from one point to another, it must therefore be a right. As far as I have been able to determine, there have been no USSC cases that, by abridging the right to drive, relegate it to "priviledge" status.

    If you come up with a USSC case to the contrary, please post it.

    --
    Yeah, right.
    1. Re:Not so fast, bub by LostCluster · · Score: 5, Informative

      As far as I have been able to determine, there have been no USSC cases that, by abridging the right to drive, relegate it to "priviledge" status.

      How about the fact that no appeal of somebody who has lost their privledge to hold a driver's license has ever made it to the USSC?

    2. Re:Not so fast, bub by ibsteveog · · Score: 5, Interesting

      the right to travel freely is enjoyed by all citizens. As the primary purpose of driving is to travel from one point to another, it must therefore be a right.

      'Not so fast, bub...'

      This is like saying that I have a right to eat, and since the primary purpose of throwing dynamite in a lake is so that I have something to eat, it must be my right...

      Or... I have the right to be happy.. and the primary purpose of me shooting you is to make me happy, therefore shooting you must be my right. =)

      In any case, just because you have a right to do something, and there is A method of accomplishing that something, doesn't mean that the METHOD is your right. There may be lots of other methods, and your failure to properly execute a method is valid grounds for making you use a different method (as is the case here with driving).

    3. Re:Not so fast, bub by _Lint_ · · Score: 5, Insightful

      While the right to travel freely is a right, specific methods of travel are privileges. Specifically, the right to drive a car on a public road is a privilege.

      And it hasn't made it to the USSC because it's pretty damn self-evident. People are denied driver's liscences all the time, and liscences being revoked by the DMV or the courts is a pretty common occurance.

      Denying someone the ability to drive themselves on a public road does not deny them the ability to travel.

    4. Re:Not so fast, bub by GoofyBoy · · Score: 1

      > the right to travel freely is enjoyed by all citizens. As the primary purpose of driving is to travel from one point to another, it must therefore be a right.

      You have the right to travel, but it doesn't specify the method of travel.

      Does that mean I have a right to drive your car? By denying me the ability to use your property, are you denying me my right to travel?

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    5. Re:Not so fast, bub by Anonymous Coward · · Score: 0

      I have the right to travel by pogostick.
      I have the right to travel by plane, although flying a plane requires a license which is a privilege.

    6. Re:Not so fast, bub by anagama · · Score: 1

      • the right to travel freely is enjoyed by all citizens. As the primary purpose of driving is to travel from one point to another, it must therefore be a right.
      First off, taking away a driving license does not infringe on one's right to travel freely. It obviously alters the modes of transportation one may use, but it does not take away the right. As an example, if I want to drive an 18 Wheeler down to CA, I will need to get a special license. Needing that license does not restrict my right to travel, it just prevents me from driving an 18 wheeler. I can still go by car, bus, train, plane, motorcycle, boat, bicycle, foot, skates. I can even go by 18 wheeler if I can hitch a ride - I'm just not allowed to drive the truck. Restricting modes of travel is not the same as restricting the right to travel.
      --
      What changed under Obama? Nothing Good
    7. Re:Not so fast, bub by operagost · · Score: 1

      What if I want to travel in an aircraft? Should I be allowed to do so without a license?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    8. Re:Not so fast, bub by BDew · · Score: 1

      I'm just amazed that you can quote Black's Law Dictionary, and then misspell the word when the correct spelling is right there in front of you. Even better, you highlight your inability by putting the misspelled word in quotes!

      All hail cut-and-paste. If you can't spell a damn word right, I don't think I trust your interpretation of language...

      --
      "Fifty million Americans can't be wrong," said Rep. Billy Tauzin. Gore - 50,999,897 Bush - 50,456,002
    9. Re:Not so fast, bub by RatBastard · · Score: 1

      Free tavel is a right. Operating an automobile is a priviledge. A priviledge that you have to train for and pass a test to be granted. If you lose your lisence, and not enough people do, you can always walk, bicycle, take the bus/train/etc, ride a horse, skateboard, rollerskate, job, etc...

      --
      Boobies never hurt anyone. - Sherry Glaser.
    10. Re:Not so fast, bub by geekee · · Score: 1

      "According to several US Supreme Court decisions (see U.S. v Guest, Shapiro v Thomson, et. al.), the right to travel freely is enjoyed by all citizens."

      Your logic is flawed. The right to travel does not imply the right to drive. There are other means of travel including mass transit, biking, and walking. Driving on public roads is a privilege provided by the govt. under certain conditions, an obvios one being you must be at least 16.

      --
      Vote for Pedro
    11. Re:Not so fast, bub by oldmacdonald · · Score: 1
      Specifically, the right to drive a car on a public road is a privilege.

      Did you really just write that the right to drive a car on a public road is a priviledge? Go ahead and laugh at yourself :)

    12. Re:Not so fast, bub by oldmacdonald · · Score: 1

      and I'll laugh at myself for spelling privilege
      wrong. Ugh.

    13. Re:Not so fast, bub by ptbarnett · · Score: 1
      According to several US Supreme Court decisions (see U.S. v Guest, Shapiro v Thomson, et. al.), the right to travel freely is enjoyed by all citizens. As the primary purpose of driving is to travel from one point to another, it must therefore be a right. As far as I have been able to determine, there have been no USSC cases that, by abridging the right to drive, relegate it to "priviledge" status.

      The right to travel freely is just that -- no encumberance of movement. However, it doesn't guarantee any particular mode of conveyance.

      A driver's license is really a license to operate a vehicle on public roads. You don't need a driver's license to operate a vehicle entirely on private land. Similarly, you don't need vehicle registration, insurance, etc.

    14. Re:Not so fast, bub by schemanista · · Score: 2, Insightful

      According to several US Supreme Court decisions (see U.S. v Guest, Shapiro v Thomson, et. al.), the right to travel freely is enjoyed by all citizens. As the primary purpose of driving is to travel from one point to another, it must therefore be a right. As far as I have been able to determine, there have been no USSC cases that, by abridging the right to drive, relegate it to "priviledge" status.

      Does the fact that this took place in a Canadian province which may (haven't verfied this) treat driving as a privilege, do anything to frame this discussion properly?

      I'm a resident of an adjacent province where driving is indeed privilege irrespective of any right to free passage. While this decision, which happened in a Quebec Provincial Court, will undoubtably affect rulings in Ontario, it's not going to automatically cascade into the U.S. Court systems.

      Stand easy, good and faithful Defender of Freedom[TM]!

      --
      I saw that shot more than a few times back when Starbuck was a man. ~ lucabrasi999
    15. Re:Not so fast, bub by fucksl4shd0t · · Score: 1

      Slow down, cowboy!

      First you say:

      "Rights are defined generally as 'powers of free action.' And the primal rights pertaining to men are enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law."

      Then you say:

      According to several US Supreme Court decisions (see U.S. v Guest, Shapiro v Thomson, et. al.), the right to travel freely is enjoyed by all citizens.

      Then, you assert this:

      As the primary purpose of driving is to travel from one point to another, it must therefore be a right.

      The way I figure it, based on every fact you have given and ignoring any assertions on your part, we have the right to travel, but the mode of that travel is not specified. Therefore, driving is indeed a privilege, because removing the privilege to drive from you does not remove your right to travel. You may still purchase a bus ticket, plane ticket, train ticket, take a cab, ride with a friend, ride a bike, walk, run, skateboard, etc.

      --
      Like what I said? You might like my music
    16. Re:Not so fast, bub by Anonymous Coward · · Score: 0

      ... who has lost their privledge ...

      "privledge"? What's that... a private ledge? Or did you mean privilege? (Think privi/private + lege/legis/legal)

      -- The helpful grammar nazi

    17. Re:Not so fast, bub by DunbarTheInept · · Score: 1

      Driving is ONE METHOD of traveling. It is not the only method. Thus freedom to travel is not necessarily violated when you don't have the freedom to drive. We have freedom of speech, but I don't have the right to spray-paint political slogans on buildings even though that would be one method of excercising free speech.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    18. Re:Not so fast, bub by _Lint_ · · Score: 1

      I realized, after posting, that I had forgotten to put the word 'right' in quotes.

    19. Re:Not so fast, bub by armb · · Score: 1

      Cool. So not only do I have a constitutionally protected right to drive without a licence, but, since the purpose of flying is also to travel, I can also fly anywhere I want without any of that tedious qualifying as a pilot and obeying air traffic control stuff.
      Well, either that or you're full of shit.

      --
      rant
  100. Re:Excellent - Democracy is Messy by CrazyLegs · · Score: 1

    True... the black box worked in favour of getting an a-hole off the road. Unfortunately, democracy is a messy business and the right to live without state surveilance should be paramount. Black boxes, photo radar, RFIDs, etc. all have some purpose for sure - but the right to privacy ought to trump them all.

    --

    CrazyLegs

    "Pork!!" said the Fish, and we all laughed.

  101. Law Isn't Philosophy by cribcage · · Score: 5, Interesting

    I don't have any objection to these boxes. I'm a bit of a privacy nut, but I'm also a law-abiding citizen. If we're talking about legislation that begins issuing citations to speeders every time their black box is scanned during an oil change, then I'll certainly join the naysayers. But if it's being used exactly like fingerprints and DNA, to secure convictions for violent criminals, then I'll applaud the technological development. (Yes, I think vehicular manslaughter resulting from driving double the posted speed limit in a metropolitan area constitutes a violent offense.)

    Having said that: I don't know what they told you in Philosophy 101, but "slippery slope" isn't a logical fallacy in a courtroom. It's a valid argument, and oftentimes a compelling one.

    crib

    --

    Please don't read my journal
    1. Re:Law Isn't Philosophy by fmaxwell · · Score: 3, Insightful

      I don't have any objection to these boxes. I'm a bit of a privacy nut, but I'm also a law-abiding citizen.

      No you are not. You often exceed the posted limit by a few miles per hour. You occasionally go through a stop sign or make a right turn on red without coming to a full and complete stop. Every now and then, you change lanes or make turns without signalling (which, in the insane state of Virginia is a Class 1 Misdemeanor for which you can get up to a year in jail, $2500 fine, and a six month license suspension).

      If we're talking about legislation that begins issuing citations to speeders every time their black box is scanned during an oil change, then I'll certainly join the naysayers.

      Why? I thought that you were a law-abiding citizen. Or did you mean that you obey the laws which you consider to be reasonable? ;-)

      Having said that: I don't know what they told you in Philosophy 101, but "slippery slope" isn't a logical fallacy in a courtroom. It's a valid argument, and oftentimes a compelling one.

      There are actually two kinds of slippery slope arguments. The fallacious one is where you say that "event X has happened, therefore event Y will inevitably happen." An example of this is "if the government makes us register our guns, they will come to take the guns away." The other kind of slippery slope argument is valid. That's where one argues against setting a legal precedent for fear of how it could be used.

    2. Re:Law Isn't Philosophy by Anonymous Coward · · Score: 0

      I'm a bit of a privacy nut, but I'm also a law-abiding citizen. If we're talking about legislation that begins issuing citations to speeders every time their black box is scanned during an oil change, then I'll certainly join the naysayers.

      Why would you join the naysayers? Speeding is hardly an issue of privacy as invariably, speeding takes place on public roads. I see no problem with the functionality of these boxes being extended to target offenders.

    3. Re:Law Isn't Philosophy by fucksl4shd0t · · Score: 1

      Heh. I generally agree with both you and the responding poster to your post that made some pretty good points. I've always wondered why we didn't have black boxes in cars already, since they are for the express purpose of determining what happens in the case of a crash, and sometimes there isn't any real way to know. I mean, if you wrap your car around a tree, obviously you were speeding, right? Was there ice on the road? ABS readings would tell us of at least the lack of traction. Were you drunk? The black box shouldn't know that at all, but it might likely show a drunken slow reaction to events. Sure, you wrapped your car around the tree and we probably have a blood test or something to show for it (not sure, I crashed a motorcycle while drinking and there weren't any tests taken of my blood alcohol level, it was more "you stupid idiot, why'd you do it?"). Combine it with those nice little radars I saw the article about and we might even know if there were any other cars on the road. We might know that you were drag-racing and another car took off and left the scene. Failure to render aid, anyone? (Yes, it's a criminal offense in many jurisdictions)

      I also don't mind if the black box calls 911 if you crash. Seriously! Anything that'll get that ambulance out to where some idiot just rear-ended me and I'm at death's door is welcome, believe me. Same for the poor soul that I just tore up with my own crazy driving habits.

      But keep it off the network unless there's a crash, and don't record anything unless there's a crash (yeah, that means record 5 seconds, if there's no crash erase the first second and record one more second, check for crash, do(forever) ).

      --
      Like what I said? You might like my music
    4. Re:Law Isn't Philosophy by poot_rootbeer · · Score: 1

      "slippery slope" isn't a logical fallacy in a courtroom. It's a valid argument, and oftentimes a compelling one.

      The courts are also extremely reticent to rule on hypothetical future damages which COULD occur in theory but as yet HAVEN'T, as evidenced by Eldred v. Ashcroft and many other cases.

    5. Re:Law Isn't Philosophy by Anonymous Coward · · Score: 0

      Huh? Isn't the whole debate of public-private really an agument about which side of the line an issue falls?

      iow, you have a value system and draw the border one way. I have a different value system and see it a different way.

      It's so simple for you to say "it takes place on public roads". True. My view--it's also MY car which I register, pay taxes, purchased, etc. Why are you forcing a device on my car, to which I must pay added taxes, expense to purchase and maintain, etc.?

      Then with such an argument as yours, what exactly do you consider private then? Marriage licenses are public. Doesn't mean I have the right to record your marriage activities. Doesn't mean spousal privilege goes out the window.

      Your argument is rather silly. By your basis, if an act is considered public somehow, it's no longer private. So any law breaker, any, no matter how small, has no right to privacy. So if you have a local code against profanity, and you happen to swear in your prayer to the Almighty before you go to bed, that device around your neck will insure that you will receive a citation in tomorrow's mail?

      There are certainly privacy nuts. Then there are people to which I have no words for because they don't even have the framework to begin to have a half-decent discussion about the issues.

    6. Re:Law Isn't Philosophy by WNight · · Score: 1

      How about creating tamper-proof speeder-cams and installing them on cars to watch the cars around them. If you see someone speed (and the GPS - doable because this is voluntary) records the location as a public road, you report them with hard evidence.

      The problem with a black-box is that it doesn't understand context. Perhaps I was racing along my private property (a field next to the road). Perhaps I was accelerating to pass someone and clear a lane for an ambulance. Then there's the "if you think you're alone, you have some right to privacy" argument that says that if I think I'm alone recording my actions is a privacy violation. If the device that's reporting me is in my car it would seem like a privacy violation - if the device reporting me is in your car it pretty much can't be a privacy violation because provably you were there as well. (And I can't use the excuse that I was alone and my actions endangered nobody else.)

    7. Re:Law Isn't Philosophy by dhamsaic · · Score: 2, Interesting
      Why? I thought that you were a law-abiding citizen. Or did you mean that you obey the laws which you consider to be reasonable? ;-)

      If they started requiring tracking chips in all newborn African American babies, and I'm not an African American baby, then why should I care? Standing against a law doesn't mean that you intend to or regularly do violate said law, only that you disagree with it. For example, I am not sold on the benefits of the HOV system. (You're in VA? You ever take 66 East in the morning?) That doesn't mean I violate the law by traveling by myself in an HOV lane. You can make a reasonable argument against it, as I have many times - but that doesn't mean I violate the law. I don't agree with it, but I'd rather not give the state any of my money, and thus I just take the backroads to work. :)
      --
      Every once in a while I like to masturbate a new word into my vocabulary, even if I don't know what it means.
    8. Re:Law Isn't Philosophy by fish+waffle · · Score: 1

      Why? I thought that you were a law-abiding citizen. Or did you mean that you obey the laws which you consider to be reasonable? ;-)

      You were kidding i guess, but it's actually an interesting point. There's the 'formal' or specified system, and the 'actual' system or the rough, real-world approximation of the formal system. Almost none of us perfectly obey the formal system, but of course most of us obey the actual system. The actual system adheres to the perceived spirit of the formal system, but is not fully-specified. Crossing the street illegally, but safely is an example, as is not signalling a lane change when no other cars are around.

      It is likely not the case that the parent poster is deciding on which laws to obey in complete isolation. It is quite likely they do respect the actual system, and so the choice of which law to obey is in fact a collective one, with some variance.

    9. Re:Law Isn't Philosophy by cribcage · · Score: 1
      You often exceed the posted limit by a few miles per hour. You occasionally go through a stop sign or make a right turn on red without coming to a full and complete stop. Every now and then, you change lanes or make turns without signalling...
      Thanks for not invading my privacy. :-/

      crib

      --

      Please don't read my journal
    10. Re:Law Isn't Philosophy by Anonymous Coward · · Score: 0

      No, you should have said, "vehicular homicide resulting from irresponsible operation of a motor vehicle" would be better, because you would then not only include driving 55 in a school zone or parking lot, driving 55 on icy or very wet roads, hitting that phone pole while dialing your cell phone or changing CDs, forgetting to stop at a stop sign or light when a school bus is crossing the intersection, etc.

      Excessive speed might be a mitigating factor, but what it really means is one was operating the vehicle outside of the driver's ability to maintain control of the vehicle AT ALL TIMES.

      Now, what if you've always worn your seatbelt (like for 15-30 years), and the ONE time you forgot to put it back on because you had to get your wallet out to pay for dinner, and you get pulled over, you get a ticket for not wearing a seatbelt? Wouldn't it be nice if the insurance company could query your car and see that this was a singular incident, instead of plugging it into their actuary models and "seeing" that you are now a serious accident risk and dropping your coverage or moving you to a higher risk category?

    11. Re:Law Isn't Philosophy by Frank+T.+Lofaro+Jr. · · Score: 1

      Every now and then, you change lanes or make turns without signalling (which, in the insane state of Virginia is a Class 1 Misdemeanor for which you can get up to a year in jail, $2500 fine, and a six month license suspension).

      That sounds lenient to me. I'd support execution by immersion in boiling oil if they wanted to pass that here in Nevada. Just spend a day on Las Vegas roads and you'll agree with me.

      --
      Just because it CAN be done, doesn't mean it should!
    12. Re:Law Isn't Philosophy by SemperFiDownUnda · · Score: 1

      This is why I say go for speed/red light cameras everywhere.

      My ex-wife is a police officer. There are parts of even Adelaide that you can't do anything without being possibly watche by police security cameras. I'm all for them because I've seen many cases where the police stopped violent crimes because of these. Also there is a recording of the police actions. I also know that they have caught some acts by concenting adults that they do nothing more then laugh at. Point is if you are in public don't say your privacy is being invaded. Oh and speeding on your own property is not legal either but I wouldn't argue to much about that until you killed the neighbors kid or the mail man

    13. Re:Law Isn't Philosophy by WNight · · Score: 1

      But we want people to be able to think of public spaces as still offering privacy in some ways. Anti-snooping laws are based on an expectation of privacy.

      If the courts ruled that being near a red-light camera (or any other anti-crime camera) negated that expectation of privacy, the police could mount very sensitive microphones on the cameras and catch people who whispered something about drugs twenty feet away. Or, people who commented that they didn't like the government.

      Not being able to use your senses to judge when you have an expectation of privacy would end up with a world like in 1984, where there's a TV everywhere, all capable of watching you and you don't know if they're listening or not.

      Red-light cameras are a pretty specific instance, but I fear they're only the beginning. Once that works why not install cameras in the park where kids make drug deals (and people go to get out of the house and talk). Why not install cameras in the inner-city to deter crime (where a whistle-blower might meet the press).

      If your car had to carry the anti-speeder camera, and you carried the anti-druggy recording microphone, people would be better able to judge when they were being spied on. Not for the benefit of the criminals, but for everyone else covered by the same net of automated devices.

    14. Re:Law Isn't Philosophy by Arcane_Rhino · · Score: 1

      if the government makes us register our guns, they will come to take the guns away Though you use this arguement as an example of what is not a slippery slope, if you examine the historical (recent) evidence: Germany, Austrailia, Canada, New York, etc, registration HAS always lead to confiscation. You actually prove your point. Just something to think about. And now, back to the black box...

    15. Re:Law Isn't Philosophy by fmaxwell · · Score: 1

      Though you use this arguement as an example of what is not a slippery slope, if you examine the historical (recent) evidence: Germany, Austrailia, Canada, New York, etc, registration HAS always lead to confiscation.

      New York passed legislation banning assault rifles. They sent a letter to each registered owner of such weapons. The letter required that the owner either provide a sworn statement that the gun was no longer in New York or that it been permanently rendered inoperable. If the owner did not want to do that, they could voluntarily turn it in (if they did not want to sell it or give it to someone outside of New York). That is not a confiscation.

      As to the other examples, why can't the pro-gun people argue fairly? If a gun control advocate points out that there is a lower murder rate in another country where private gun ownership is banned, the pro gun side says that it's a 'different culture'. But then the same pro gun people give examples of gun confiscation in other countries with different cultures (and laws) and cite that as proof that registration of guns inevitably leads to gun confiscation.

  102. Re:Talk about a mixed reaction... by mnmlst · · Score: 1

    Let me see if I can help sort out your reactions...

    In 1997, my wife and our two year old son were approaching a large, busy intersection at the speed limit. There were three lanes going in each direction, east and west, two more lanes southbound only. Needless to say (you would think), there was a traffic light above the intersection of the eastbound and southbound lanes. A driver turned from the westbound lanes into the southbound lanes and just kept right on going through the red light. She told the police she didn't realize there was a light there! She struck our 1991 Honda Accord in the left rear wheel area with the wheel absorbing most of the impact. The Accord was spun at least 180 degrees by the impact and my son's carseat was tipped over, but he was unhurt. My wife suffered a spinal injury that still impinges on her spinal cord and caused the doctors to recommend she refrain from lifting anything over 15 pounds. This pretty much ended her career as an RN. Now she is having trouble with chest and hand pain related to the nerve impingement. She has had extensive physical therapy and chiropractic care for 7 years now. Thanks to listening to my idiot brother-in-law, I had reduced our underinsured motorist coverage a few months before this accident and we ended up with about 35,000 USD cash for a lifetime of reduced mobility and pain. Nationwide Insurance deliberately dragged their feet trying to get us to accept a reduced settlement. We finally sued them near the lawsuit deadline and they settled within two months thereafter. The mitigating factor was their idiot driver had blabbed about being "100 percent responsible" for the accident. Thank God! Even with that, Nationwide jerked us around for an extra year and a half beyond what they should have. I loathe them. They sent their adjusters here to Southern California in the wake of our wildfires last fall and my coworkers overheard them laughing about underpaying claims and dragging things out.

    My point here is that when a driver royally screws up, blackbox evidence can help settle the matter clearly and quickly allowing everyone to get on with their post-accident lives. If the driver who rammed my wife had not blabbed, the blackbox could have blabbed for her. Everyone, please be safe out there. When we are approaching an intersection that has been green for 10 seconds or more, but are the only car approaching at that point, my wife and I both slow down and look around carefully now since another fool may "not realize there is a traffic light over that intersection". That was how my wife was hurt. We don't drive smaller cars anymore either. She has an airbagged minivan and I have an airbagged half-ton pickup. Our next vehicle will be a 3/4 ton Suburban. It tows our big trailer well and protects my wife and three children. We'll buy more energy-efficient vehicles when they get safer and can tow 8,000 pounds over the Rockies.

    --
    In principio erat Verbum.
  103. Grandfather clause by TrentL · · Score: 2, Insightful

    Presumably some kind of Grandfather clause could be written for older vehicles.

    As for calibration, yes, there are issues there. But now we are talking about fraud. The government already knows how many miles you've driven your car. There are severe penalities for altering odometer readings. I don't see how altering a black box would be much different.

    1. Re:Grandfather clause by Mysticalfruit · · Score: 1

      Though if their comes a time when my '84 reliant is the only car on the road without a black box, I might opt to just install one anyway. Otherwise, if I do get into an accident, It's going to be my subjective explanation vs. their unfeeling dispationate black box. Who do you think they're going to believe?

      --
      Yes Francis, the world has gone crazy.
    2. Re:Grandfather clause by h2odragon · · Score: 1

      the penalties are for misrepresenting the mileage to a buyer. its your car; you can rip the odometer out and burn it; just dont try to sell it as having low mileage because of that.

    3. Re:Grandfather clause by Eraser_ · · Score: 1

      Every two years in Califonia we are required to take our cars in to be checked up on by Big Brothers's designated mechanic (Smog Check). It would be trivially easy to calibrate the black box then, as the car is put on rollers and accelerated to various speeds. Check the read out of the onboard computer to the speedometer to the rollers. All within 1%? Fine. Black box out of sync? Recalibrate it.

      However, there would need to be a law requiring that black boxes be software calibrated, and that it is done automatically when the computer finishes the tests. No $75 program the computer fee.

  104. At that speed, he didn't hit the brake because... by jea6 · · Score: 1

    At that speed, he didn't hit the brakes because he was about 174 meters away from impact, nearly two blocks away.

    --

    sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.
  105. This is like saying.. by Servo · · Score: 1

    Individuals are having their rights violated because they didn't know the crime lab could tie them to a crime after they left cigarette butts at a crime scene.

    Now, if it were law that all cars have recorders to "monitor" all your bad driving habits, then yeah I would be concerned. But that is not what is happening. They used evidence to convict somebody, and didn't even put him in jail for that long.

    --
    A slip of the foot you may soon recover, but a slip of the tongue you may never get over. -Benjamin Franklin
  106. Roads by Thunderstruck · · Score: 1

    How can we honestly say that the use of roads, with cars, is really a priviledge rather than a right anymore? In some localized areas, it may be possible to function without a car, but not in the vast majority of the nation. Heck, I have to drive 40 miles to the next town just to buy shoes so I can walk to the university for class.

    We have a right to travel,
    We have a right to be secure in our effects,
    How can we not have the right to be secure in our effects while we travel?

    --
    Trying to use sarcasm in text-based forums does not work.
    1. Re:Roads by PhxBlue · · Score: 1

      We have a right to travel,
      We have a right to be secure in our effects,
      How can we not have the right to be secure in our effects while we travel?

      You have every right to travel. Walk, or ride a bicycle, or use public transportation. Feel free to use any combination of the above, in fact. But if you want to personally operate a 1.5 ton machine to make your travel quicker and more convenient, accept the limitations that the government will place upon you for your safety and that of those around you.

      It's the fact that you don't absolutely have to have a car that makes driving a privilege.

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:Roads by Thunderstruck · · Score: 1

      Its a warm sunday afternoon in Ridgeview, South Dakota. My wife is hungry, I can:

      Walk 100 miles to buy groceries...
      Ride a bike 100 miles to buy groceries...
      Public transportation does not exist here...

      How exactly do I have a choice again?

      --
      Trying to use sarcasm in text-based forums does not work.
    3. Re:Roads by PhxBlue · · Score: 1

      How exactly do I have a choice again?

      You made the choice to live out there in the first place.

      --
      !#@%*)anks for hanging up the phone, dear.
    4. Re:Roads by Thunderstruck · · Score: 1

      You're working with too many assumptions.

      I was born here, my family homsteaded here in 1882. I made no choice to live here. It was No decision of mine to move away from "civilization." Civilization concentrated itself far away through no fault of mine, how then can it be my fault if my continued survival depends on driving?

      You migh suggest I move. With equal success you might also suggest I abandon all my religious beliefs and association with my family... yet the last time I read the 1st amendment these are rights too. A choice to abandon all that I know and love is illusory.

      The relentless march of time has made the automobile essential to our survival, if this does not make it a right, then rights do not exist.

      --
      Trying to use sarcasm in text-based forums does not work.
    5. Re:Roads by PhxBlue · · Score: 1

      The relentless march of time has made the automobile essential to our survival, if this does not make it a right, then rights do not exist.

      So what? People lived in remote locations before the invention of the car (or electricity, for that manner), and still did fairly well for themselves. In that case, your alternatives might include actually growing food and other goods.

      --
      !#@%*)anks for hanging up the phone, dear.
  107. The personal privacy question... by LilMikey · · Score: 1

    I don't think anyone pities some jerk who goes insanely fast, kills someone, and then gets caught because he didn't know his car was watching; and I think very few people would have a problem with the last 5 seconds being 'caught on tape.' This seems like a very good deterrent without grossly invading personal privacy.

    What we have to fear, though, is that big brother is rarely satisfied with 'good enough' and that 5 seconds will probably grow quickly as well as the number of items monitored and the ease of extraction (it seems fatal accidents are the only times that data has been used so far). I don't mind them knowing I slammed on my brakes and spun the car around before plummeting to my death however I would rather they not know I visited the bank, church, and grandma before doing so.

    --
    LilMikey.com... I'll stop doing it when you sto
    1. Re:The personal privacy question... by hsoft · · Score: 1

      The defense said that personal information collected without the driver's knowledge couldn't be used in court, but the judge stated that brake/acceleration (The black box wasn't really a black box, it was a device that determines if the air bags should be deployed or not) was not personal data, but exclusively car data.

      --
      perception is reality
  108. Male drivers + fast cars by Anonymous Coward · · Score: 0


    Not surprising. 95mph in a 30mph zone.

    What do you expect when you mix a 26 year old and a 2000 Pontiac Trans Am?

    1. Re:Male drivers + fast cars by vasqzr · · Score: 1

      Pontiac Sunfire. A little bit of a difference there.

    2. Re:Male drivers + fast cars by Milhouse_ph · · Score: 1

      A stereotype??

  109. Re:Fifth amendment? Not likely. by pete-classic · · Score: 1

    The box may be purely evidence, though I am unconvinced.

    In any case, search warrants overcome 4th amendment protections. There is no warrant that can compel a person to testify against himself.

    You might take a look at The Bill of Rights.

    -Peter

  110. Invasion of privacy, how? by RadioSilence · · Score: 1

    I seriously don't understand how a black box can be considered an invasion of privacy. They only time they are accessed is when something happens and the information is required to settle a dispute. Maybe if they were keeping track of where you went, or using RFID to monitor what you bought at the grocery store, but they are only logging the last few SECONDS before IMPACT.

  111. Re:The guy that got hit deserved it. by Anonymous Coward · · Score: 2, Funny

    All of the jaywalkers in California are attorneys which is why we ALWAYS give the pedestrian the right-of-way here.

  112. Try driving... by cnelzie · · Score: 5, Insightful

    ...with a suspended or otherwise revoked Driver's License or Operator's Permit (It is named either one depending upon the state you reside in.)

    Once you are driving without that permit or license, make certain you get pulled over and make certain that you tell the police officer right away that you are driving illegally. See how long you stay out of jail for.

    You are right, the government cannot take away your fundamental right to travel freely across this nation. You can walk, you can pedal yourself around with a bicycle, heck you can even drag yourself on your belly if you so desire.

    You have no inherent right to drive an automobile, it is written nowhere that at birth you have the fundamental right to drive.

    Nobody here needs to put up a single US Supreme Court decision. That is covered by the State Law and there is no single Lawyer that I am aware of that would ever claim and attempt to take to the Supreme Court your 'Fundamental Right' to drive if you have a Suspended License or revoked Operator's Permit.

    You want proof? Walk, bike or drive yourself down to your local circuit court and look at the day's docket. You will see more then a few people with reckless driving cases up before the court.

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:Try driving... by phoenix321 · · Score: 1
      YOU gave the state the right to regulate traffic for you. Not the other way around. It is the people that own, govern and use the country, the land and the roads. The people paid for them with their tax dollars and the people elected representatives to govern the use of these shared resources.

      You have mistaken a very fundamental fact in this debate and I'll hope I can convince you from my view. You said
      You have no inherent right to drive an automobile, it is written nowhere that at birth you have the fundamental right to drive.
      and I think it's really the other way around: *everybody* is permitted to drive his own automobile, *except* otherwise stated in the law.

      You see, our "democratic society" has a positive rights system: everything that is not explicitly forbidden is allowed. When a law doesn't state "Thing X is forbidden" it is allowed. Now you'd say it all boils down to the same situation, but that's not exactly true: We all have the inherent right to do whatever we want to. All the time. *As long* as we are not hurting the freedom of others. This is very subjective, so go figure about the statement.

      The right to travel freely has nothing to do with the means of doing so. The only cause for regulation in public traffic is the danger and the pollution caused by driving that car. "We the people" decided as a whole that it is better to only let trained people drive cars and to have them obey speed and safety limits. We still own the streets, the cars and we appoint the lawmakers.

      Stop thinking about each and every freedom you have as a privilege. It is a *right*, the most natural thing in the world. You are allowed to do anything that doesn't interferes with other people's rights. Kings grant privileges. Free men grant their government regulatory power. See the pattern?
    2. Re:Try driving... by Anonymous Coward · · Score: 0

      You are allowed to drive so long as you obey the simple rules and restrictions of the road. One of these is mandatory training in automobile usage and safety, and without proof of this (and having a license revoked is a revocation of this proof) you forfeit the right to drive.

      Yes you have a right to drive, but you also have to be responsible with a potentially lethal weapon.

    3. Re:Try driving... by pen · · Score: 1
    4. Re:Try driving... by mi · · Score: 1
      You have no inherent right to drive an automobile, it is written nowhere that at birth you have the fundamental right to drive.

      First, the 9th amendment:

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Second, if the freedom of speech was interpreted as literally as you interpret the freedom of movement (travel), all of the arguments about publishing one's views on the Internet (that's not "press", is it?), for example, would've been without merit.

      The interpretation of the First Amendment has come a long way. So should the right to travel, even if not enshrined explicitly in the Bill of Rights. I say, it comes with "the pursuit of happines".

      --
      In Soviet Washington the swamp drains you.
  113. Just two questions by Stavr0 · · Score: 1
    1. Is the automobile black box mandatory by legislation in Canada?
    2. If not, which wire should I cut?
    1. Re:Just two questions by kobaz · · Score: 1

      The black box is usually part of the airbag system.

      The airbag system will record various things after a crash such as speed, are seatbelts fastened, how fast did the airbag deploy, and a bunch of other things. Messing with the airbag system to stop it from recording data would probably interfere with the system itself... not a good idea.

      --

      The goal of computer science is to build something that will last at least until we've finished building it.
    2. Re:Just two questions by Stavr0 · · Score: 1
      Messing with the airbag system to stop it from recording data would probably interfere with the system itself... not a good idea.

      An excellent point. Mess with the wrong wire in the SRS and the airbag just might blow up in your face.

      --BEGIN_TINFOIL_HAT_CONSPIRACY--
      Of course the airbag system is just an excuse for The Man to install a driver monitoring system in all cars, and police cruisers are equipped with a secret triggering device to disable a fleeing suspect during a car chase.
      It's all ovious when you think about it...
      --END_TINFOIL_HAT_CONSPIRACY--

  114. Automobile Black Boxes by harristechnical · · Score: 1

    Our web site http://www.harristechnical.com/cdr.htm has a lot of information on Event Data Recorders for cars including a list of all cars so equipped, explanations of what is recorded, when data is recorded, how it is recorded and how it is retrieved. A free preview of a documentary video on EDRs is on-line. A list of court cases where EDR evidence was introduced in the US and Canada is posted.

  115. Re:The guy that got hit deserved it. by Black+Rabbit · · Score: 1

    Can one of those Pontiac POS cars even go 157 clicks?

  116. Hack the box by Sergeant+Beavis · · Score: 1

    So how long until we have the Slashdot article on how to hack the black box? It's in my car, it is my property, so why not find a way to disable it without breaking the car? Common Nerdom, you know you wanna do it :)

    --
    There is nothing inherently safe about liberty. That's why so many people died protecting it.
  117. Not so fast yourself. by rjh · · Score: 5, Informative
    As far as I have been able to determine, there have been no USSC cases that, by abridging the right to drive, relegate it to "priviledge" status.
    Nor will you find SCOTUS cases declaring driving to be a privilege as opposed to a right. It has nothing to do with driving being a "right", though: it has to do with the fact that driving regulations are a State matter and are handled in State courts, and to the extent these matters have been brought in Federal courts, they've been dismissed on summary judgment.

    The Constitution guarantees all free citizens (i.e., those who have not had their freedoms curtailed by legal process--e.g., convicted felons) the right to travel. It does not guarantee you the right to travel on anything other than your own two legs. Cities can regulate whether they allow horses on their roads, since your right to travel freely on a horse has to be weighed against the right of your fellow citizens not to have horseshit littering the sidewalk. The government can regulate whether you're allowed to fly a 747, because your right to travel freely by a plane you're piloting has to be weighed against the right of your fellow citizens not to have a Boeing crash in their back yard.

    The right to travel is strong and sacrosanct in the United States. Travel by any method you choose is not, and has never been, a right.

    Check Westlaw for caselaw. There's a staggering lot of it. In pretty much every single Federal district in the United States, someone's had the bright idea of contesting their license suspension by walking into a Federal court and claiming their Constitutional right to travel is being abridged. These things get dismissed on summary judgment, since the facts are not in dispute and the law is unambiguously clear.
    1. Re:Not so fast yourself. by Safety+Cap · · Score: 0
      The Constitution guarantees all free citizens (i.e., those who have not had their freedoms curtailed by legal process--e.g., convicted felons) the right to travel.
      Please cite the appropriate article, section, para where this right is stated. (Betcha 5 jelly beans you can't.)
      --
      Yeah, right.
    2. Re:Not so fast yourself. by Anonymous Coward · · Score: 0

      I think he meant the Bill of Rights... but then again you pounced on a little mistake without even attempting to debate his other points about how fucking wrong you are!!! HA HA HA!!

    3. Re:Not so fast yourself. by Anonymous Coward · · Score: 0
      > I think he meant the Bill of Rights

      I think you're a friggin idiot who hasn't even read the bill of rights.

    4. Re:Not so fast yourself. by rjh · · Score: 2, Insightful

      You seem to be operating under a critical misunderstanding of how this country works. I don't need to cite the Constitution to show that I have a right; you have to be able to cite the Constitution to show that Congress has a certain power! (Article I, Sec. 8, Clauses 1-18 are an exhaustive listing of the sorts and categories of national laws Congress may enact. You may want to look there first.)

      "Regulating travel among the several States" is not listed anywhere in the Constitution under the powers reserved to the government. As such, under the Tenth Amendment to the Constitution, that right explicitly falls to the State and the individual. This has been upheld in Crandell v Nevada and Edwards v California, both of which were attempts to enforce direct restrictions on travel. Both were savagely smacked down by the courts.

      Please learn the Constitution before you attempt to argue it.

      Incidentally, I like any flavor of jelly bean except coconut. Where should I pick up my five?

    5. Re:Not so fast yourself. by Anonymous+Cow+herd · · Score: 1

      The ninth amendment :-)

      --
      Ita erat quando hic adveni.
    6. Re:Not so fast yourself. by DunbarTheInept · · Score: 1

      Okay, so let's say I plan to travel by firing large bullets at your head and letting Newton's third law push me the other direction. Sure, it'll take a lot of bullets, but with the right kind of gun I could get quite a kick that way and propell myself along on some kind of wheeled cart. Now, do I have the right to do this? Of course not. Now, when you understand that "right to do X" does not mean "right to do X by any means necessary", then you can take your head out of your ass and apologise.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    7. Re:Not so fast yourself. by rjh · · Score: 1

      Congress has no right to prevent you from doing this. None at all. Where's the problem?

      The State, on the other hand, does have the right to tell you "you can't deliberately kill someone who's not threatening your life". And in this case, that's exactly what the State does.

      Please learn about the Federal-State distinction.

      And incidentally, if you'd have actually read my prior posts, you'd have discovered I wasn't the one advocating "the right to do X" does not mean "the right to do X by any means I choose".

      Please read my post next time, too.

    8. Re:Not so fast yourself. by DunbarTheInept · · Score: 1


      Please learn about the Federal-State distinction.

      The context was NOT one in which the distinction was brought up. It was "X is allowed" (in general), not "X cannot be disallowed by such-and-such a specific body."


      And incidentally, if you'd have actually read my prior posts, you'd have discovered I wasn't the one advocating "the right to do X" does not mean "the right to do X by any means I choose".

      Correct only in the trivial sense. You agreed with the person who did state that, without actually restating it yourself.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    9. Re:Not so fast yourself. by rjh · · Score: 1

      You agreed with the person who did state that, without actually restating it yourself.

      No, I demonstrated the existence of a Constitutional right to travel, which someone (foolishly) disputed. (Ironically, the person who disputed this was the same person who argued there was a Constitutional right to drive...) Read the entire thread. At any rate, I'm done.

  118. ABS Brakes and access control by jeephistorian · · Score: 0
    As for knowing what happened - what, do you think that the cops can't take measurements like they did before? if we go back to your example of mashing the brakes at 10s, then there'll be some nice thick black lines on the pavement, won't there?
    ABS might prevent such marks on the road, a added feature that is almost certainly on all of the cars listed. I still don't see where the issue is. How about a 1 minute recording that can only be accessed if an accident occurs (airbag inflates). This would prevent the "random search" alluded to by previous posters.
    Fritz
    ____________
    --
    Huh?
    1. Re:ABS Brakes and access control by evil_one · · Score: 1

      How about a 1 minute recording that can only be accessed if an accident occurs (airbag inflates). This would prevent the "random search" alluded to by previous posters.

      That's what we've got now, except it's 5 seconds.

      As for ABS, properly functioning ABS _will_ lock up if you step on the brakes hard enough. They only prevent premature lockup when you don't have your foot _really_ hard down (to allow steering.)

      --
      Desperation is a stinky cologne
  119. Slippery slope by jfmerryman · · Score: 1

    I completely agree with the other comments here that in this case, the use of the black box is justified. In the same way that forensic analysis of the accident scene is justified (and that, in many cases, can reveal the speed of the cars involved in a crash). This driver was clearly being reckless.

    The problem, as I see it, is twofold:
    1. Car manufacturers are putting this technology in cars without telling consumers about it. That's not cool, and it might even discourage people from doing stupid things behind the wheel if they knew there was more potential for getting nailed if they ended up in an accident as a result.

    2. This same technology could evolve into a monitoring system to generate revenue for local governments. Just like the gatso cameras in the UK which have little to to with safety, and everything to do with sticking drivers with huge fines for breaking arbitrary rules - which appear in some cases to be designed specifically to be broken! And if this were to happen, it would be easy to imagine insurance companies requiring that all cars contain these devices in order to get reasonable rates. It then becomes an easy option for municipalities to raise additional revenue by lowering speed limits unnecessarily - and this is not what speed limits are for!

    Ultimately, speed versus safety is a tradeoff - if we wanted to be perfectly safe, we wouldn't drive at all - but we have collectively decided that the higher speeds afforded by driving cars is worth the additional risk over walking. If we allow this tradeoff to be made by localities, and give them a powerful tool to make massive profits by setting unreasonably low speed limits, drivers won't like the outcome, and at that point there will be little we can do about it!

  120. I don't see the issue here. by OmniGeek · · Score: 1

    I have serious objections to letting any government snoop my mail, e-mail (if I encrypt it), or peer into my home. I *don't* have any such objection to the government knowing how fast I'm driving. They can measure my speed externally with a radar unit or light-beam-breaker or inductive loops in the road. The presence of a black box in my car, as they are presently embodied, is just fine with me. The way I drive (cautiously and paranoid as hell), it is more likely to save my butt from a negligent-but-litigious driver.

    A black box that tracks where I drive all day, now that would be cause to bring out the logic probe and pliers, but the present amount of data collection is not enough to permit significant governmental abuse, as far as I can see.

    Don't forget, every driver is operating a deadly weapon; in my book, that calls for some accountability.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
  121. A black box would have saved me! by aquarian · · Score: 1

    I wish I had a black box in my car when I was involved in an accident a few years ago. I was completely innocent, and it probably would have saved me from all blame. Unfortunately, there was no way to prove I was in the right, and I wound up with a couple of points on my license.

    I came to a stop sign at a "T" intersection. I saw headlights way off in the distance, so I started to pull out to make a left turn. I only moved about a foot or two before I noticed the car way off in the distance was going very fast, perhaps 2-3 times the 25mph speed limit. So I stopped, over the line but still not sticking out into the intersection, put my car in reverse, and backed up behind the line. Well, the sight of me startled the other driver, who swerved, lost control, swerved back, and then sideswiped my front bumper.

    Unfortunately, there were no witnesses except a security guard who was a friend of the other driver, who worked in the neighborhood. This witness lied profusely. It was my word against theirs. They won.

    Black boxes would have proven the other driver was speeding, and that he swerved and then swerved back to hit me. For me, it would have proven that I had rolled forward, then back, and that the impact occurred *after* I had pulled back and stopped for at least a second. Plus, in this particular area, going 50mph or more *is* reckless, by anyone's standards. This driver would have had no sympaty from any judge or jury. Black box evidence would have backed up my story, and I'm pretty sure it would have gotten me off the hook.

    No one was *really* hurt in this accident -- I barely felt the impact, and all it did was peel the license plate and some rubber off my front bumper. It put a shallow dent and streak along the side of the other vehicle. But of course, the other driver got involved with a typical LA crooked lawyer/chiropractor duo, who bilked my insurance company for thousands.

    Imagine all the pointless litigation that could be eliminated by these black boxes. I say bring them on! We should have had them 20 years ago (before then was probably not technically/economically feasible). The only people hurt by black boxes are lawyers, and that's a good thing!

  122. Montreal by dolo666 · · Score: 1

    Have you ever driven in Montreal?
    98mph is not uncommon among the citizens of that city. I'm from Ontario and compared to Monteal, Toronto driving is like riding a pony at the kiddie zoo.

    Once I can remember driving along minding my own business when two cars passed our double lane traffic on either side travelling about the same speed, while there was a traffic jam. Road rage is not at all uncommon on the roads in Montreal. And with the road conditions, it's a wonder how more accidents don't occur!

    The fact he was going 98mph doesn't mean much; I wouldn't be surprised if the driver was drinking a beer, smoking, talking on the cell phone and writing notes on his dashboard sticky pad, at the time of the accident!

    1. Re:Montreal by Anonymous Coward · · Score: 0

      "Have you ever driven in Montreal?
      98mph is not uncommon among the citizens of that city."

      Then its good that this guy went to jail, maybe it will send a message.

      "The fact he was going 98mph doesn't mean much"

      It means alot. It means that he was going way over the legal limit (if you say everyone does it you are an idiot). Which is illegal and since he has poor control of his car, likely to cause an accident.

  123. Redundant use of technology? by nicodemus05 · · Score: 1

    I'm not quite sure the black box was needed. Wouldn't the coroner's report make it evident that the guy was going way faster than the speed limit? That already proves he lied under questioning. The fact that he didn't hit the brakes should have been demonstrated by the lack of skid marks at the accident, right? So what did this box do that old fashioned detective work couldn't?

    --
    while (!sleep){

    sheep++;

    }

  124. Re:Search Warrant by tassii · · Score: 2, Insightful

    The government does not need a warrant to inspect a vehicle after a crash. The NTSB can inspect any vehicle at any time for safety issues. Inspecting a black box for mechanical failures would just be a matter of course.

    And if the vehicle is involved in an accident, then anything that has to do with that accident is under investigation.. including the vehicle involved.

    However, if they go into the trunk and find a bale of pot, they have to have a reason to have been in the trunk. But they certainly don't need a warrant to inspect your brakes if there was an accident.

    --
    "I drank what?" - Socrates
  125. Darwin by RedShoeRider · · Score: 1
    Driving that fast....most of the time you'd punch though nothing but air

    The rest of us breathe a sigh of relief the day you side-punch a Kenworth.

    --

    Chris Knight is my hero.

  126. Actually him KILLING a man is why he is in prsion by SensitiveMale · · Score: 4, Informative

    The black box just showed he was lying his ass off.

  127. *checks for Michael's name* by Anonymous Coward · · Score: 0

    Of course its there.

  128. Driving is a Priveledge, not a right by jdjdac · · Score: 1
    I would just like to point out the fact that although most Americans consider the ability to drive a car to be an explicit right, in actuality it is a priveledge. A priveledge, that I believe, is too freely given to those that do not deserve it. But that is another topic for another day.

    When you get in your car and drive on public highways, streets, etc. you do not have a right to privacy. Now if you are on private property, by all means...drive like a maniac. However, your fellow citizens should have the right to be as safe as possible. Using black boxes, cameras, and other technology is a good way of policing that and punishing those that are breaking the law and putting other people's lives in danger.

    1. Re:Driving is a Priveledge, not a right by jasonditz · · Score: 1

      Just because government paid for roads (with money stolen from the rest of us I might add) doesn't mean they can do whatever they want to anyone who exercises said "priveledge" (sic)

      When the hell did safety become a right anyhow? Why is it that something is only a right when you want it to be?

    2. Re:Driving is a Priveledge, not a right by cranos · · Score: 1

      Im sorry I must have missed the bit in the US constitution that says people have the inalienable right to life, liberty, the pursuit of happiness and to drive like a fuck wit.

      Cars are a luxury, and a dangerous one at that. A tons worth of metal and plastic travelling at speed is going to be regulated, just to try and prevent fuck knuckles who think that because they are behind a wheel they are some kind of god.

    3. Re:Driving is a Priveledge, not a right by jasonditz · · Score: 1

      Oh, I'm sorry, you were assuming all rights flow from a piece of paper? That's where the misunderstanding lies.

      At any rate, the ones who think they are "some kind of god" driving seem to inordinately be the ones who are supposedly regulating it for our protection. Is there another subset of the population that drives so recklessly as traffic cops?

    4. Re:Driving is a Priveledge, not a right by cranos · · Score: 1

      So where would you say rights flow from? They differ from culture to culture.

      As for your second point, could it be they are driving recklessly because they are chasing some idiot who thinks its alright to go 100 kph in a school zone?

    5. Re:Driving is a Priveledge, not a right by jasonditz · · Score: 1

      So where would you say rights flow from? They differ from culture to culture.

      I'd tend to disagree and say the respect of rights differs from culture to culture.

      I personally find the notion that I only have rights because some dead guy from a few centuries past says I do a tad distasteful, but I've learned long ago not to argue with people's superstitions or their religious beliefs.

      As for your second point, could it be they are driving recklessly because they are chasing some idiot who thinks its alright to go 100 kph in a school zone?

      Could be, but now we've got two idiots who think its alright to go 100 kph in a school zone, and one of them is armed and trying to run the other one off the road.

      This seems like a considerably worse situation.

  129. Remember Victor Davis? by Black+Rabbit · · Score: 1

    Back in 1990 or so, some pork chop driving a Honda CRX drove over swimmer and Olympic gold medalist Victor Davis after a barroom argument, also in Montreal. Davis was killed, and this smug little asshole essentially got off scot-free, as there was some dispute over whether or not it was deliberate...3 am, completely empty road, and he's driving on the sidewalk...you do the math.

    I wonder what might have happened had there been a similar black box in that car. Maybe there was, but it certainly didn't come into play during the case. I remember the pic in the paper, (the Gazette again), of this little fat fuck walking out of the courthouse with the most arrogant, nasty little grin on his face. I hope he's able to live with it.

  130. A modest proposal by John+Murdoch · · Score: 3, Interesting

    Executive summary: in this post I suggest that our Canadian cousins aren't at fault for carrying technology too far (in using event recorders to prosecute a vehicular homicide case), but that they do not go far enough. I propose that if we're going to use technology in support of public policy (safe driving, etc.) there's a lot better technology to use. Is this a good idea, or a bad one? You decide.

    Let's suppose that we're the feds, and we want to "use technology to save lives..."
    ...in the Vietnam-era sense of "we had to destroy the village in order to save it." Let's think about how we could--relatively inexpensively--implement technology solutions to:

    • Identify vehicles driven with expired registration, inspection, or insurance records
    • Identify vehicles driven by inappropriate drivers (junior licenses after midnight, etc.)
    • Identify vehicles associated with known felons (or associated with people who have permits to carry guns)

    Put a transponder on the vehicle instead of a license plate
    Vehicle identification today is based on century-old technology: the stamped metal license plate. Why not replace the license plate with a transponder? It would be a simple exercise: just embed the transponder on the license plate you already use, and pass legislation to make interfering with the device a summary offense. There would be some immediate benefits: a police officer stopping a vehicle at night, particularly a vehicle with an obscured license plate, could interrogate the transponder and automatically retrieve information about drivers associated with the car. If the stopped vehicle belongs to a person with a prison history for violent crime, the officer might respond with a lot more caution, or with backup. The felon is driving his girlfriend's car? Well--we can easily use a database to identify associations: if she posted bail, if she let him report her address to his parole officer, etc., we'd have her information in the database, associated with his. So if the cop stops a car licensed to her, he'd still be warned that there might be a violent felon behind those dark-tinted windows. That's a good thing, right?

    Integrate the transponder with in-vehicle information systems already in police cars
    A major cause in reduction in crime has been the installation of in-vehicle information systems in police cars. A cop can check outstanding wants or warrants in a jiffy, instead of having to radio information back and forth to somebody else at headquarters. When they were installed in a local township nearby, an enterprising sergeant went to a local shopping center on Saturday afternoon, and started typing in license plate numbers: he made half a dozen arrests that afternoon. Let the guy point a radio at the transponder instead, and integrate the radio with his in-vehicle system, and presto! Watch his productivity soar. A clever use of technology, no?

    Require mag-stripe devices as part of the ignition system
    Your driver's license probably already has a mag stripe on it--require a simple device in the car to accept a valid driver's license to start the car. And wire the device to the transponder--so interrogating the transponder identifies the vehicle AND the driver. Just think of what we can do then! We can identify kids driving on junior licenses after midnight, we can identify who was driving the car when the vehicle speeds past a checkpoint, or we can use information about vehicle and driver to monitor traffic patterns (where you live vs. where you work). Just think of the ways we can improve public safety, or even public transit. Neato, huh?

    Do we have your civil libertarian juices pumping, bunky?

    So ask yourself, is this a good thing?
    Because, through the course of history, government has used practically every new technology to advance its causes. Sooner or later it will use transponders, databases, and high-speed networks. And if those uses make you nervous, you might start thinking about what arguments you might make.

    1. Re:A modest proposal by green_crocadilian · · Score: 1

      So ask yourself, is this a good thing?

      You know, in the country of United States of America, government officials have the power to listen to all your communications, confiscate your property, deprive you of the right to travel, vote, or run for public office; they can send you to fight a war you are not interested in fighting, they can raze your house to build a highway, and they can even deprive you of life.

      You know why that doesn't worry most people?

      Because the system has "checks and balances". Police (theoretically) need a warrant to search your house. The president (very theoretically) needs Congressional approval to fight a war for more than 90 days. Your county has to hold public hearings before bulldozing your property, and even then you will get compensation.

      There is nothing wrong with the government having power over individuals, as long as there are checks to make sure a single small group cannot abuse that power. So, I welcome black boxes as long as (like in the Montreal case) opening them requires a judge's order to gather evidence in a criminal trial. I welcome having to swipe your driver's licence to turn on the engine, as long as the card reader is only installed by judge's order in the cars of serial DUI offenders or whatever. And I welcome having the police be able to remotely scan car registration data, as long as they get a warrant because they are looking for a particular felon.

      Seriously, dude. The weather outside is nice. Take off the tin foil hat.

    2. Re:A modest proposal by jniver · · Score: 1

      Ok, I'm going to set aside my tin foil hat, but some of these ideas are what I would consider "bad". I hate when people put "privacy concerns" to things that only really impact you if you are breaking the law.

      A mag-swipe as part of the ignition system could also be used as an anti-theft device. Or taking this a step further using bio-metrics. The mag strip could be used to keep people who have suspended licenses from driving. How many times do you read an article about some drunk that killed someone, and they had a suspended license from a prior DWI offence?

      I think technology can indeed save lives. If by knowing that a person is a wanted felon, most likely armed before walking up to a car can save the officers life. Keeping that person who drinks a bottle of vodka every night and has been arrested several times for DWI from driving could save lives.

      The only thing I am against is make sure there is still the human factor. I disagree with tickets by photo. If you really want to help keep the street safe, bring in a few more officers and enforce the law, but do it face to face. If I'm being accused of breaking the law, I would at least like to know who it is that is accusing me, and have a chance to explain my side, not just the picture of you driving past.

      They recently put in a speed camera here in DC, which I really have a problem with since everyone knows that radar is not 100%, but if it's your car in the picture your guilty. I say use technology to help enforce laws, not to replace the individuals who are responsible for enforcing the law.

      --
      Jason
  131. Black box != expert witness by Anonymous Coward · · Score: 0

    It's not an issue of privacy. The issue is this:

    For the courts, any sufficiently advanced technology is indistinguishable from expert testimony.

    If the incident had been captured on camera, that tape would either be used only to corroborate a witness' account or thrown out. But because black boxes are not easily understood by judges and juries, their limitations are also not easily understood.

    The mistake here is that the court is taking the black box data not as forensic evidence, but as expert testimony -- and testimony is something that only a human has the legal right to give.

    How many of you have received speeding tickets based on the "testimony" of a radar gun? Here is a case where a schmuck has been convicted of third degree murder based on the "testimony" of a even dumber device.

    (And for the record, I'm glad he's off the road. Yes, besides his sentence, he's lost his licence for life, as well as his insurability. Not to mention the fact that a civil suit ruining him financially for life is no doubt on the way.)

  132. Where's the slippery slope? by cheezit · · Score: 2, Interesting

    IANAL but...

    The facts of the case are established by the pedestrian's death and the coroner's report. The black box is just another witness to the crime, or perhaps secondary evidence. Same as a surveillance camera or skid marks on the pavement.

    Now if someone was convicted of a DUI where the only evidence was erratic driving as recorded by the box, you could expect the lawyers to have a vigorous debate over the reliability and admissibility of that evidence. For instance, what is the legal standard for "tamper-proof"?

    --
    Premature optimization is the root of all evil
    1. Re:Where's the slippery slope? by SuiteSisterMary · · Score: 2, Interesting

      I'd go one step further; the black box is 'extenuating circumstances.'

      If the box shows that you're breaking and avoiding, or at least trying to, it might just lend credence to your story that the guy jumped out from behind a parked cube van, and you couldn't see him.....

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  133. Re:Search Warrant by thejuggler · · Score: 1

    Inspect they can (maybe), but can the black box be introduced into a court room with out a warrent? This is upto judges and lawyers.

    I saw that on TV too...

  134. What stops me by Anonymous Coward · · Score: 0

    What stops me from hitting something "gentlty" and purpously at say, 10 km/h? The damage wouldn't be so bad, but I'd get my bloack box "used".

    Seems reasonable, instead of say, removing it.

    1. Re:What stops me by dledeaux · · Score: 1

      I would imagine that something so gentle probably wouldn't register. It would probably have to be something that might trigger air bags to deploy or fuel pump to disengage and may even be linked to one of those two events happening. Considering the expense of fixing a vehicle that has had airbags deployed, I don't think it would be a very viable solution.

    2. Re:What stops me by Dr.Zong · · Score: 1

      If you read up more on the story, it *is* the device which is triggered when the Air bags are deployed.

      The thing records 5 seconds of data, and stops recording the instant the airbags are deployed, thus giving a way to look back and find out why

      . No Air bags, no retention of data.

      It is indeed a slipperly slope that they record anything, but in todays litigious world, I'd rather be vindicated by having someone proven that they are lying when they are pointing the finger at me. I think it is a small price to pay.

      --

      Party?!? What kind of party is this? Where's the damn keg?
      Virtus Junxit Mors Non Separabit
  135. What's next? by Axem · · Score: 1

    This is such an invasion of privacy! I mean what's next, a unique code for each car in a state/province?

    --
    We all live in a #FFFF00 submarine...
  136. Recording?? by psycht · · Score: 1

    The recording device, which stores data on how a car is driven in the last five seconds before a collision, showed that four seconds before impact, the driver had the gas pedal to the floor and didn't brake before impact..

    When does it know when to start recording?

    1. Re:Recording?? by praxis · · Score: 1

      It keeps a running loop recording of the last (probably more than four) seconds and when it senses a sudden deceleration it stops recording. What's left is about the last four seconds before impact.

    2. Re:Recording?? by Anonymous Coward · · Score: 0

      I believe there was sarcasm in that origional post.

  137. Re:Fifth amendment? Not likely. by Kaseijin · · Score: 1
    The box may be purely evidence, though I am unconvinced.
    What else do you think it is?
    In any case, search warrants overcome 4th amendment protections. There is no warrant that can compel a person to testify against himself.
    We're not talking about a person testifying against himself; we're talking about property, to which the Fifth Amendment does not extend. I offered search warrants as an illustration of that fact. Searching a vehicle used as a homicide weapon is well within the bounds of the Fourth Amendment.
    You might take a look at The Bill of Rights.
    I might have it memorized, thanks.
  138. It's not freedom to be allowed to agree. by CrystalFalcon · · Score: 1

    If you're using privacy to hide the truth, then there's something wrong with what you are doing, and you know that.

    Uhm, yeah.

    I used my privacy to hide from the government that I was actively trying to overthrow it, because I saw it as corrupt, misantropic, a threat to society and our way of life, and to humanity as a whole.

    This was the truth, and I used my privacy to hide it.

    This was in Germany, 1938, before the bloodshed began.

    Or in Iraq, recently.

    Or in Rwanda, a couple of years ago.

    Or in Bosnia, a few more years ago.

    Or in...

    It is not freedom if you are only allowed to agree with the government. The right to be and do wrong is what defines freedom.

    The notion that "if you are not doing something wrong, you have nothing to hide" have been applied to all fascist and police states. Don't let the attitude creep into mainstream American thinking. That is dangerous.

    1. Re:It's not freedom to be allowed to agree. by scorp1us · · Score: 1

      I'm walking a line line here...
      But I don't think you are doing anything wrong to try and overthrow the governement. Revolution is not the same as murdering a person, you do not murder a governement. But that's what they would like you to believe. Overthrowing governments is a completely natural thing that should be encouraged. Only the best will survive, provided that that people being ruled act. If the majority of the populace doesn't like the government, then it is time for change. I think it is wrong of the government to make it illegal to over throw it - particularly in a democracy. Any democratic government is stupposed to be of the poeople, for the people. And if that ceases to be the case, the democratic governement has violated its own charter.

      Revolution need not be bloody. If it is, that is its own problem. You can have revolutions without people dying.

      So in conclusion, my point is that you have listed an example of something that is wrong on part of the government, not something with you. You should be able to overthrow the government, though by non-violent means. Violence brings on other issues... It could be said that the democrats and republicans every 4 years try to over throw the government if they are not in power. The difference is they do it non-violently. Your methods are limited: you go at it financially: bankrupt or buy the country (are you listening Microsoft?) or through free speech.

      Both of these should not leave you in jail.

      --
      Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  139. I wonder by Telastyn · · Score: 1

    I wonder if required recording devices owned by the defendant like this shouldn't be also perview of the 5th amendment [if Canada has an equivalent]. Certainly the police could use other forensic facts [like the size of the dent left in his car, the fact there was no skid/break marks, witnesses...] to incriminate him.

    1. Re:I wonder by PaperTie · · Score: 1

      Canadian Charter of Rights and Freedoms says that anyone charged with an offence has the right "not to be compelled to be a witness in proceedings against that person in respect of the offence". I don't think you could honestly say that if the police want to use "black box" data that they are forcing someone to testify. They are only presenting evidence.

  140. ok, we have it, where is it? by Anonymous Coward · · Score: 0

    I'd guess that its recording to flash ram. So where's the flash module? Not specific to a brand of car, but what component has it?

    If it records 5 seconds, as ram get cheaper, how about whole trips? Last 72 hrs of drive time? Last 30 days of drive time, enough to cover what, ten years of driving?

  141. What we do to ourselves with knives and forks ... by RealAlaskan · · Score: 1
    It is the governments responsibility to keep us from getting injured. I will praise any Senator that proposes we outlaw knifes, forks, chopsticks. Who know what we can do to ourselves with them.

    Who knows what evil lurks in the hearts of chopsticks? The Shadow knows (yes, the link is workplace safe).

  142. Slippery Slope: A Logical Fallacy That Happens by Anonymous Coward · · Score: 1, Insightful
    I will agree that it may be a logical fallacy in a "pure" debate. However, slippery slope *actually* happens all the time. Are we supposed to reject that as an illogical occurrence?

    I acknowledge and engage in pure logical debate, but this ends when we are talking about what actually happens. Hence, I acknowledge slippery slope as a valid concern (if not a logical debate point).

    1. Re:Slippery Slope: A Logical Fallacy That Happens by Anonymous Coward · · Score: 0

      Wrong. Slippery Slope is a fallacy, always. A logical and compelling argument would be one dealing with the probability of other things to follow. In "pure" logical arguments, or in courtrooms, you have to show that there is a probability of a certain event X occuring because of event A.
      I think this thread shows how much society strays from logical reasoning. I'm just surprised that so many supposedly intelligent people here on /. have embraced the illogical. But then again, I imagine that computer geeks greatly outnumber the actual scientists here. :)

  143. Hang the son of a bitch. by RatBastard · · Score: 1

    I say we hang him. Hell, I'll pull the lever on the gallows.

    --
    Boobies never hurt anyone. - Sherry Glaser.
  144. Re:Excellent - Democracy is Messy by Anonymous Coward · · Score: 0

    1. Don't drive a car with a block box.
    or 2. Don't drive.

    What's wrong with you? Do you have any comprehension skills?

    You femmy-types always bringing up "Democracy" over everything. /var/log is a black box too, what does that have to do with "Democracy"?

  145. EMP Bomb by Anonymous Coward · · Score: 0

    Guess it is time to rig up an EMP bomb in the back of my Z28. That way after a wreck it goes off and there is no data.

  146. John Douglas Greenwalt by purduephotog · · Score: 1

    http://courts.state.wy.us/2003opn/2003WY77.pdf

    John and his GF were killed by a driver going approximately 90 mph, drunk. That driver ran red light after red light, until eventually driving his truck into John's car.

    The courts ruled that a liquor serving establishment has no duty to stop serving alcohol to an intoxicated person.

    http://www.casperstartribune.net/articles/2003/0 6/ 27/news/wyoming/07ceeca18fd7d4922a93f098890bccc5.t xt

    So I say to black boxes, please, bring them on.

  147. Give the guy a break by Anonymous Coward · · Score: 0

    He's out of work, and he's applying for a job as Slashdot editor.

  148. Shocked at Slashdot posts by ohsoot · · Score: 0

    Karma be damned, I am shocked that slashdot posters not only don't think this is a problem, but they don't even recognize the issue. Maybe 2 or 3 posts that I read hint at it. To spell it out for you, the issue is that THIS SYSTEM WAS NOT DESIGNED FOR THIS PURPOSE! Police must have radar guns calibrated on a regular basis. They cannot go to radio shack and buy the same radar gun you'd use to clock the speed of your pitch and start writing tickets. I have no issue with having a system that tracked everything I did in my car, if it was designed for the purposes of reconstructing an accident. As several other posters have pointed out, this system was designed to be used as an internal check tool of the auto manufacturer to verify that safety systems were functioning in an accident. Maybe the tool they use is incredibly accurate and tamper resistant/evident, but until it is qualified as such it should not be used for purposes outside of it's design specs. Period.

  149. Slippery Slope Arguments. by David+Hume · · Score: 4, Informative

    That's where this is headed, and I don't like it.


    Are you familiar with the logical fallicy called "Slippery Slope?"


    Slippery slope arguments are not always (if, technically, ever) logical fallicies. UCLA Law professor Eugene Volokh recently published a great law review article on the subject: The Mechanisms of the Slippery Slope, 116 Harvard Law Review 1026 (2003). (See also PDF Version.)

    1. Re:Slippery Slope Arguments. by Old+Wolf · · Score: 1

      Are you the real David Hume? (as in, David Hume could out-consume poor old private Schlegel, etc.)

    2. Re:Slippery Slope Arguments. by brettper · · Score: 1

      Close, it's 'Wilhelm Freidrich Hegel' though, not Schlegel. He's in the next line

    3. Re:Slippery Slope Arguments. by Old+Wolf · · Score: 1

      Ugh, I had a feeling it would be something like that. Oh well, off to misheardlyrics.com :) (or whatever)

  150. Re:The guy that got hit deserved it. by Anonymous Coward · · Score: 0

    It seems like that would give you incentive to speed up.

  151. More recording by Anonymous Coward · · Score: 0

    So anyone have a tech solution to MORE recording to defend oneself? I'd like to place a camera next to my dome light, to record both my speedo and everything viewable through the windshield and side windows, and a second camera to record the through the rear window. It seems with taxi drivers having some type of recording device in their cabs, it should be possible, without the problems of vibration with hard drives.

    One of my relatives was rear ended by two people who were talking to each other on cell phones (no hands-free mic/earpieces even though mandated by law) instead of paying attention to the road conditions. They full on slammed into him on the highway in a construction area (traffic was stopped after stop and go traffic for over a 1/2 hour), and he's been in tremendous physical pain for almost two years now, and is probably crippled for life. Because of this accident, I've been noticing many drivers talking on cell phones without the hands-free kit, in full defiance of the law. This is something that would be easy to record if a camera could be recording through the rear windshield.

    Anyone know how the taxi recording systems work? Are they using a tape recorder instead of hard drive? Is there a cheaper solution that could use the same cameras they use, or cheaper cameras (I think their systems cost something like a thousand dollars?), and record to flash ram (or a better suggestion?), instead of hard drives that would have a problem with vibration and bad roads?

    From what has been in the news a while ago about the taxi recording systems, the video isn't so great, so anything else would need to improve on quality, and probably on capacity for recording (I'd like to record whole trips, not just the last 5 seconds before an accident, and accident/motion sensors are WAY beyond my capabilities.

    Any ideas where to look? Someone can write this better and submit this to /. ? I'm sure others would be interested, especially from the reaction to this story.

  152. Two things bother me. by lcsjk · · Score: 2

    1.) Is there a uniform standard for what data and how many seconds of time is allowed to be kept in the auto's black box? 2.) How is the accuracy insured? Can someone run into a kid and the black box show that they were only going 25 mph when they were actually going 50? The SRS (safety restraining system)is checked each time I start the engine, but that is only a processor and sensor-OK test. If the airbag does not employ properly or rapidly, does the black box still say it was ok when I started? (OK, three things.)

  153. Re:The guy that got hit deserved it. by Inthewire · · Score: 1

    I was on a jury for traffic court.
    The accused defended herself with "If I'd have been going that fast he would have pulled me over sooner for being a menace."

    --


    Writers imply. Readers infer.
  154. Get full details on Black Boxes here by up2ng · · Score: 0
    http://www.airbagcrash.com/

    I know of his place from a Cadillac Site I'm a regular on.

    A quote from the page
    Is the stored crash data really that valuable?
    Consider this case where data was downloaded from the airbag SDM / EDR module.

    Florida v. John Walker, 20th Judicial Circuit, Lee County,
    Case No. 00-002866CF RTC (2003).

    This was a criminal case with a two vehicle, head-on collision. The defendant was charged with two counts of Vehicular Homicide. At issue was the defendant's speed and in which lane the collision occurred. The airbag SDM / EDR provided evidence the defendant was not speeding at the time of the collision. The jury found the defendant not guilty. This was a trial court and not published.
    --
    Success is not the result of spontaneous combustion, you must set yourself on fire.
  155. MOD PARENT UP!! by Anonymous Coward · · Score: 1, Funny

    ...so all the /.ers who think slippery slopes don't apply to everyday life can be enlightened.

    I hate it when pulls the "slippery slope arguments are logical fallicies" and posts some link to a page (like we are supposed to take everything we read on the 'net as gospel) supporting their position.

    Sheesh!

  156. Revenge is good by Anonymous Coward · · Score: 0
    Desire for revenge is healthy, moral emotion, especially when felt by someone who was not directly victimized. I mean, really- what is the difference between revenge and justice? Aren't both a desire to restore moral order to our world by punishing those who for their own selfish reasons have directly caused others to suffer?

    Think about it- why do we bother punishing CEO fraudsters? Now that they've schemed their way into millions of dollars and their professional reputations are in tatters why put them in jail? They obviously have no ability or motivation to repeat their crimes so deterrence is not the answer.

  157. How about this the othere day - a mach 3 BMW Mini by Tran · · Score: 1

    http://news.bbc.co.uk/2/hi/americas/3613715.stm
    A Belgian motorist was left stunned after authorities sent him a speeding ticket for travelling in his Mini at three times the speed of sound. The ticket claimed the man had been caught driving at 3380 kph (2,100 mph) - or Mach 3 speed - in a Brussels suburb, a Belgian newspaper reported. However, police later admitted that a faulty radar had been responsible for the Mini's incredible feat. The police have since apologised to the man and promised to fix the radar. The incident took place in December, but only came to light when Belgian prosecutors were asked to follow up the unpaid fine. "We called the local police to find out what height the plane caught speeding along the Boulevard Lambermont was flying at," a member of the Brussels public prosecutor's office joked to Belgium's La Derniere Heure newspaper. Police also said they had made a mistake in still sending out the ticket, given that it was impossible - even for a doughty little Mini - for a car to have travelled so fast.

  158. Limitations by notwhole · · Score: 1

    Instead of taking all the time and money on integrating technology to catch when someone was excessively speeding, why not just limit the speed a car can go? Or just meet in the middle and put a chip in the car that will only allow it to reach the speed set by surrounding transmitters. Even if it's an emergency, it's silly to put yourself and other at more risk than you're already in. I love how we as a society want a speed limit and vehicles that can greatly exceed it.

  159. Another piece of evidence.. by aksansai · · Score: 1
    The black box is another piece of available evidence, but I would venture, not the most important piece of evidence in such a trial. If a vehicle does not have an automobile which possesses such a device, then other factors will weigh in on final judgment. If the reliability of such a device comes into question, forensics and witnesses will still be used to determine judgment.

    1.) Is there a uniform standard for what data and how many seconds of time is allowed to be kept in the auto's black box?


    To my knowledge, there is not a DOT standard that says what a black box should and should not record for a period of time. However, in the best interests of lowering costs, I would not be surprised if automobile manufacturers are not acquiring their black box firmware from a limited number of vendors. These vendors, no doubt, would recommend to their customer to use the same recording techniques as they have developed in the past.

    2.) How is the accuracy insured? Can someone run into a kid and the black box show that they were only going 25 mph when they were actually going 50?


    The manufacturer would run its own quality-assurance tests on their device. Different organizations, I would imagine ESPECIALLY insurance companies, would also do their own testing. Think about it - insurance fraud is common and costs insurance companies millions upon millions of dollars a year.

    If the insurance companies had their way, the black box would do more than record a few seconds prior to an accident. These companies would test the machines not only to determine accuracy, but how the data recorded could be used to potentially settle any claims made against an insurance policy.

    Nonetheless, if a question were to be raised in court as to the validity of such devices and their reliability of recording information - the evidence (the recorded data) would be challenged by the defense, and ultimately - an investigation into the testing of such devices would be admitted into court.

    3.) The SRS (safety restraining system)is checked each time I start the engine, but that is only a processor and sensor-OK test. If the airbag does not employ properly or rapidly, does the black box still say it was ok when I started?


    If you look at the schematics of most SRS systems in vehicles, you will notice how many fail-safes are installed to ensure that the device works as advertised. There is usually a backup system that can take over if the primary fails to ensure there is not a vulnerable circuit in the SRS system.

    The black box could record any number of things - status of the primary and secondary test system. The status of the system five seconds prior to the crash. Which system (primary or secondary) actually triggered the deployment. The amount of data recorded is virtually limitless - the selection of what data is recorded is a choice by the manufacturer.
    --
    Ayup
  160. Solutions by Anonymous Coward · · Score: 0

    1) Never buy sophisticated car
    2) Sue the manufacturer

  161. Only 18 Months? by WRXFiles · · Score: 1

    I am ashamed of the legal system that lets a murderer who utilized a 3,000 lb weapon at twice the speed limit to kill someone get off with only 18 months. And that was his SENTENCE? Guesses as to how long he will actually serve?

  162. Re:50 - 157 km/h in 4 seconds by jetmarc · · Score: 1

    50 -> 157 km/h in 4 seconds... This must be quite a powerful car.

  163. I blame the TV commercials by fiannaFailMan · · Score: 1
    I wish I had a dollar for every car commericial I see that shows the vehicle being driven at unsafe speeds and in an unsafe manner, either in built-up areas or on open roads. In all cases there is zero traffic on the road. I once saw a Mazda commercial that did show traffic, but it was moving at warp speed in a big streak of white and red lights. Is it any wonder people forget about the impact of their vehicles on other people so easily?

    This kind of childish advertising went out of fashion in Europe years ago, but it's still prevalent in the US where almost every car commercial looks like the other. the traffic is non-existent, the speed is high (sometimes using special effects to make it impossibly fast) and the music is loud and brash. Pass the sick-bag.

    --
    Drill baby drill - on Mars
  164. What about PRIVATE PROPERTY? by mikelieman · · Score: 0, Troll

    What's wrong with throwing dynamite into a lake?

    Is there any party who has suffered a demonstrable injury from tossing in the dynamite? If not, than there's nothing wrong with it.

    Maybe that wasn't the point, though...

    Then you bring in this 'argument from adverse consequences' (putting pressure on the decision maker by pointing out dire consequences of an "unfavourable" decision). about shooting people.

    Focus, Please.

    Let's say you OWN a car, it's YOURS. YOU CAN PROVE IT BY SHOWING THE CORRECT PAPERWORK.

    You have the RIGHT to do with it as you will.

    Isn't *that* what FREEDOM *is*? Being able to do WHAT YOU WANT, with your shit?

    Now, I suspect you're going to say, "The State Owns The Roads"

    Betcha a dollar "The State" can't prove it. And some piddly ass A.D.A. CERTAINLY CANNOT PRODUCE THE PAPERWORK. (much less actually prove the existance of his "client", and a real "attorney/client" relationship with them...)

    --
    Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    1. Re:What about PRIVATE PROPERTY? by jeffgeno · · Score: 1

      Let's say you OWN a gun, it's YOURS. YOU CAN PROVE IT BY SHOWING THE CORRECT PAPERWORK. You have the RIGHT to do with it as you will. You can shoot whoever you want whenever you want.

    2. Re:What about PRIVATE PROPERTY? by ibsteveog · · Score: 1

      While all the caps/shouting and the 'piddly ass' in your post make me think your response is a troll, it does raise some points I'll address.

      What's wrong with throwing dynamite into a lake?

      This is a whole different topic (environment concerns, destruction of shared/non-privately owned resources, and so on..). As you say yourself, it's not the point... so lets use the other example which did a much better job of just raising the point I wanted.

      Then you bring in this 'argument from adverse consequences' (putting pressure on the decision maker by pointing out dire consequences of an "unfavourable" decision). about shooting people.

      Focus, Please.


      I'm trying to understand what you're getting at here... My shooting example had the point that just because you have a right to something (here, I used happiness), that you don't have a right to get it [happiness] however you want. Nor do you have a right to get it [happiness] by some method [shooting you] just because that method's [shooting you's] purpose [making me happy] is to get what I have a right to [happiness].

      In other words, the logic of the great-grandparent was flawed in claiming that we have a right to drive because driving is for travelling, and we have a right to travel.
      I have no idea if I addressed what you are unhappy about, but I hope this clears up what I said.

      Now, your example:

      Let's say you OWN a car, it's YOURS. YOU CAN PROVE IT BY SHOWING THE CORRECT PAPERWORK.

      So far, everybody is happy.

      You have the RIGHT to do with it as you will.

      <texan>Hold it right there, partner!</texan> No one has the right to do "whatever you want" with *anything*.. not even your own body!

      Isn't *that* what FREEDOM *is*? Being able to do WHAT YOU WANT, with your shit?

      Simple answer: Doing whatever you want with your stuff would mean no laws/rules/guidelines. No laws/etc means no government/ruler/leader. As you can see, this would require an anarchy, and would be quite chaotic. Thus, 'freedom' as you seem to mean it above, doesn't exist, although you might get quite close if you had an island in an ocean somewhere and it was your own nation.

      Rambly Answer: If you lived in a perfect universe, and you were the only living being in that universe, then perhaps.

      But as it is, we have laws that restrict your freedom. Generally, these laws are made to protect people and other organisms and the shared resources that we all need (such as air, land, and water that aren't contaminated).

      Perhaps you are thinking of the USA where we claim to be "The Land of the Free.." At best, that means we can pick whatever religion we want, but don't expect to be able to start up a religion that says you get to paradise by killing all non-believers, and then acting in accordance with that belief and getting away with it.

      Anyhow, the point is that if we could all do whatever we wanted with our stuff, we could shoot each other at will, drive over each other, take drugs, and do lots of other nasty things to each other. We don't have those 'freedoms', since they would be rather destructive of our civilization.


      Now, I suspect you're going to say, "The State Owns The Roads"

      There are a lot more issues restricting what you can do with your car, besides the fact that you don't own the roads that you want to use.

      Betcha a dollar "The State" can't prove it. And some piddly ass A.D.A. CERTAINLY CANNOT PRODUCE THE PAPERWORK. (much less actually prove the existance of his "client", and a real "attorney/client" relationship with them...) ... see my last comment ...

    3. Re:What about PRIVATE PROPERTY? by DunbarTheInept · · Score: 2, Insightful


      Let's say you OWN a car, it's YOURS. YOU CAN PROVE IT BY SHOWING THE CORRECT PAPERWORK.

      You have the RIGHT to do with it as you will.

      Your right to do as you please with your belongings ends where other people's belongings (including their bodies) begin. Should you be allowed to park your car sideways in the middle a street, blocking two driving lanes, for example? Nobody got hurt by you doing this. Nobody got damaged by it. It's just that you ruined the usefuleness of everyone else's cars when you did so.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    4. Re:What about PRIVATE PROPERTY? by mikelieman · · Score: 1

      I guess the point of my sentance:

      "Is there any party who has suffered a demonstrable injury from tossing in the dynamite? If not, than there's nothing wrong with it."

      Completely missed you.

      DEMONSTRABLE INJURY. If you shoot someone, you cause DEMONSTRABLE INJURY to them, That's a crime.

      If there's no INJURY that can be shown, there's NO CRIME... Everything else is just The Man Fucking With You.

      SOCIALISM is when the GOOD OF THE MANY outweigh the GOOD OF THE FEW. Nice enough concept, but I was born free, thanks...

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    5. Re:What about PRIVATE PROPERTY? by mikelieman · · Score: 1

      Isn't that a perfect description of The World As It Exists? It's not what all those needing a Nanny would like, but it is reality.

      There's NOTHING preventing ANYONE from just ending your life. The Man *promises* to *try* to get justice for your death, but shit, what do you think THOSE odds are?

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    6. Re:What about PRIVATE PROPERTY? by mikelieman · · Score: 1

      Hold it right there, partner! No one has the right to do "whatever you want" with *anything*.. not even your own body!

      Didn't Lincoln FREE the slaves?

      Or are you suggesting we are now slaves of the state,rather than free?

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    7. Re:What about PRIVATE PROPERTY? by ibsteveog · · Score: 1

      I thought it would be clear enough that I deleted the following remark from my post:

      "Look at our drug laws. Look at the laws banning public indecency. You simply aren't free to do anything you want, as every 20 yr. old trying to get into a 21+ club knows."

    8. Re:What about PRIVATE PROPERTY? by ibsteveog · · Score: 1

      Yes, I didn't realize you were trying to say that 'demonstrable injury' is a criteria for restricting freedom.

      Kill Bill vol. 2 prevents me from thinking too much on this, but my first thought is that an 8yr old can work in a factory and not suffer harm, and that 14 year olds can drink alcohol and not poison themselves or do something stupid. 13 year olds can drive cars, and anyone can drop dynamite in a lake and not cause injury.

      But in all those cases, the likelihood of hurting someone or something is very high.

      I'm curious.. why do you say there is "The Man"...
      Surely you realize that every other human being is nearly identical to yourself in their wants and desires. Bush/Congress are far more likely to want money and immunity from the law (aka something more akin to true freedom, which is what our diplomats have) than they are to want to make laws to fuck with you. Just relax. Most bad laws are either money-bought or were good-intentioned but poorly thought through.

      And if you can't think of any reasons not to drop dynamite in a lake and still think its just 'The Man' out to fuck with you, then I think you have some issues with your perception of reality that prevent us from rationally discussing anything further. Sorry to sound condescending, but I argue to help people, and stop when its clear the person is not receptive..

    9. Re:What about PRIVATE PROPERTY? by Anonymous Coward · · Score: 0
      Let's say you OWN a car, it's YOURS. YOU CAN PROVE IT BY SHOWING THE CORRECT PAPERWORK.

      You have the RIGHT to do with it as you will.

      Isn't *that* what FREEDOM *is*? Being able to do WHAT YOU WANT, with your shit? Abolutely, you can do what you want with it - on your own property.

      If you have a large plot of land (say, a farm or something), you can drive all over it without any kind of license. Your 8 year old kid can drive all over your land if you give him permission. (And you often see this on farms, where people too young to get a license can operate tractors on that farm. It's perfectly legal as long as it isn't driven onto a public road.)

      But the minute you go onto someone else's land (and public roads are definitly not your private property), your right to drive slams up against everybody else's right to drive safely. If your license was revoked (presumably because you've proven yourself to be an unsafe driver), then your presence on a public road cuts into my right to drive safely.

      Freedom is not absolute. Never has been, never will be. Your freedom of speech does not give you the right to incite a riot. Your freedom to drive does not give you the right to cause a collision. Your freedom to do what you want with your shit does not give you the right to throw it in my face.

  165. Re:50 - 157 km/h in 4 seconds by PieEye · · Score: 1

    That would be pretty powerful. But it doesn't say that. It says he topped out at 157 in a 50Kph-limit zone. He could have been doing 140 before that.

    --
    ... in bed.
  166. Forensic Evidence by CharlieG · · Score: 1

    BTW In an accident that bad, MANY times they can tell exactly how fast you were going at impact, without fancy models, etc. I was talking with a guy from NTSB, oh, 15 years ago, and he showed me HOW

    The look at your speedometer. In an impact that bad, there is USUALLY enough flex in the needle of the speedo that it TAPS the face of the gage, and usually leaves a small smuge of it's color on the gage - one microphoto, a little bit of expert witness testimony, and you've got the same problem

    --
    -- 73 de KG2V For the Children - RKBA! "You are what you do when it counts" - the Masso
  167. Vehtronics units can read out this info by Animats · · Score: 2, Informative
    Vehtronics makes a device for reading out this data. Here's the supported vehicle list..

    The airbag control unit has two "slots" in EEPROM for stored events, the "Deployment Event" and "Near Deployment Event" slot. The "Deployment Event" slot stores the last five seconds of data when the control unit fires the airbag. This is a one-time event - once this has happened, the airbag control unit cannot be used again. (It's replaced with the airbag, if the car is repairable.) "Near Deployment Events" represent situations where the airbag unit started the "fire the air bag decision" process, but decided not to fire the bag. Two successive accelerometer samples of 2G or greater wake up the air bag control algorithm. The biggest delta-V near-deployment event is stored; a bigger one replaces the old one. After 250 engine starts (at least in GM vehicles) the "near deployment event" is erased.

    There's local power storage in the airbag unit, so that even if battery power is lost, the airbag can still fire. So the data usually gets stored, too.

    The real purpose of this unit is to fine-tune the "fire the air bag decision" algorithm. Early airbags were going off in accident situations that didn't really require airbag deployment. The current generation is doing better. The NTSB collects this data. This found at least one defect. A few false deployments had occured on gravel roads when a big rock happened to hit the sensing unit. That's been fixed in current models.

  168. Re:50 - 157 km/h in 4 seconds by soramimicake · · Score: 1

    Not as powerful as the brakes that go 157 -> 0 km/h in 4 seconds.

  169. Always receptive by Anonymous Coward · · Score: 1, Informative

    to a search warrant and and a tap. Unless you live in Michigan, the first state to abolish search warrants. Don't even need a judge any more.

    OnStar does monitor 24/7 upon police request. A judge ruled only that OnStar must be able to deliver the services the consumer paid for while the tap is in place.

  170. This is silly by Kaseijin · · Score: 1
    Which is why the winnowing/chaffing approach is so interesting, as one could arrange it so a "fake" key could decrypt to innocuous information (e.g. "last 5 seconds was 30 mph, with brake lightly applied").
    I know of the technique, but it frankly it seems completely detached from the topic of the article. There's little reason to encrypt the data--sign, yes, encrypt, no. An encrypting data recorder would most likely use symmetric crypto with the keys disclosed to law enforcement agencies, insurance companies, and probably not the owner. I doubt there's a significant market for chaffing public-key automobile data recorders.
  171. Re:Talk about a mixed reaction... by fzammett · · Score: 1

    Man, I didn't come anywhere NEAR close to stating my point properly... I completely understand the comments about it, so let me try and explain myself better...

    Before I even do that, let me just say that I had an aunt that died in a car crash some years ago as the direct result of a drunk driver on the road with her, so I am quite sympathetic to anyone that has experinced any sort of auto-related tragedy.

    What I should have said originally is that I don't want to live in a world where freedom is traded for safety. For instance, if you could tell me that you have a device that when embedded in a car would make it absolutely impossible for anyone to ever die on the road, and to do so all I have to do is allow the government to track my every move, I would absolutely be against that. I would not want the possibility of being killed on the road (or of my children being killed on the road, to bring the point home more) to be removed IF the price was my (or their) freedom.

    In retrospect, this may have not been the best case to make this point with because we're really not talking about something like that. As another poster pointed out, we're talking about something that can determine what happened AFTER the fact with a high degree of accuracy, higher than would be possible without it certainly. I don't have a problem with that at all. Those that do wrong and harm others should be punished in a very stringent manner, I completely agree with that.

    But, I do think things like this quickly and easily become the proverbial slippery slope leading to tracking our every move in the name of public safety. This is the inevitability (I believe that's what it is) that I want to avoid, NOT being able to punish those that do wrong, that I am all for 100%.

    When I said I should be allowed to kill someone, I didn't mean literally that society any government should have no problem with me killing someone. What I meant was that I want the freedom to make mistakes, even those that lead to the death of myself or, God forbid, others. I ABSOLUTELY want there to be punishment for such things, and very harsh punishments in some cases. The only way to remove the possibility of such mistakes is to curtail personal freedoms to the point that such mistakes are impossible to make, and that's giving up too much in my opinion.

    This argument comes up a great deal with regard to terrorism as well. Some people are quite willing to trade civil liberties if they believe the government can then protect them from harm. I am not willing to make such a trade. Believe me, I don't want to die, and I most certainly do not want my children to die. But if the price of freedom is the threat of death, whether from terrorists or idiot drivers on the road, I take the threat over the loss of freedom without hesitation.

    "Give me liberty or give me death". I didn't make it up, but I can't think of truer words.

    That's the point I was trying to make originally. I did a poor job, but I hope this clears up my position a bit.

    *

    Omnytex Technologies - Where dreams and software unite

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    --
    If a pion (n-) collides with a proton in the woods & noone is there to hear it, does lamdba decay into the source pa
  172. For once, I support this by DaveJay · · Score: 1

    Normally, I'm the first out of the box in support of privacy, but in this case I'm all for the black boxes (provided they continue to operate as they do now, with five seconds of rotating data stored longer only in the event of an impact).

    In this case, it fundamentally falls to "rights" versus "privileges": driving is NOT a right, but many people drive as if (a) they have the right to drive even if they're really, really bad at it, and (b) driving isn't really that dangerous, and can be done casually and taken lightly. Neither is the case.

    The flipside, of course, is tracking WHERE YOU GO in a car, and WHERE YOU ARE at any given moment. That is nobody's business but your own. Oh, and if you think a little black box is going to tell people that information, you might want to pay more attention to the cell phone tracking that's starting to surface...

  173. Which cars have black boxes? by raider_red · · Score: 1

    Has anyone thought to compile a list of cars (make and model) which come equipped with black boxes? It would be good to produced such a list because it will allow the consumer to choose a car based on his or her inclinations toward privacy effectively voting with their checkbook.

    --
    It's good to use your head, but not as a battering ram.
  174. -1, no reading comprehension by mlyle · · Score: 1

    the thing stopped recording after the accelerometers on the car noted the collision. Nowhere does it say the car stopped in 4 seconds.

    Note that stopping from 157 km/hr in 4 seconds anyways is not an impossible situation-- that works out to 10.9 m/s/s, or 1.1 g's-- a value that can be attained in many cars.

    1. Re:-1, no reading comprehension by VitaminB52 · · Score: 1
      Note that stopping from 157 km/hr in 4 seconds anyways is not an impossible situation-- that works out to 10.9 m/s/s, or 1.1 g's-- a value that can be attained in many cars.

      Well, at low speeds 1.1 g could be attainable by some cars. However, air drag scales with the speed^2, so attaining 1.1 g acceleration at speeds above 100 km/h is out off reach for most cars.

    2. Re:-1, no reading comprehension by mlyle · · Score: 1

      -1 reading comprehension again.

      I was talking about -STOPPING FROM- 157 km/hr. So adding another force that opposes the motion of the car (drag) would make the car decelerate more quickly.

      On the other hand, lift at higher speeds does limit the amount of tire traction available to slow the car down. But still, this is not a significant enough factor to be relevent to what I was saying.

    3. Re:-1, no reading comprehension by dougmc · · Score: 2
      Well, at low speeds 1.1 g could be attainable by some cars. However, air drag scales with the speed^2, so attaining 1.1 g acceleration at speeds above 100 km/h is out off reach for most cars.
      The parent of your post was talking about stopping -- braking, deacceleration. In that case, thair air drag is actually helping you stop. His suggestion that many cars could do this is completely reasonable. Actually, most cars could have stopped before hitting the other car given 4 seconds of warning -- since once they start slowing down, that gives them more time to slow down -- they wouldn't need to stop in four seconds, they'd have more time than that.

      Of course, the guy was accelerating, not deaccelerating, so it's sort of moot.

    4. Re:-1, no reading comprehension by Anonymous Coward · · Score: 0

      Yup, most cars can probably stop that quickly on a warm dry paved surface with good tires and anti-lock brakes.

      Of course, you'll still have travelled well over a hundred metres in those four seconds, which is why you don't drive that fast unless you're on an Alberta highway. Preferably with no cows, crude oil slicks or dinosaur bones on it.

    5. Re:-1, no reading comprehension by Anonymous Coward · · Score: 0

      You are making a valiant effort in a thread infected with tinfoil hats.

    6. Re:-1, no reading comprehension by VitaminB52 · · Score: 1

      Lift at higher speeds? Cars are designed to have negative lift at high speeds... especially racing cars. Positive lift at high speeds would make a car too dangerous to drive. I mean, we are talking about cars, not planes.
      So breaking will not be reduced.

    7. Re:-1, no reading comprehension by mlyle · · Score: 1

      Almost all cars have positive lift coefficients. Spoilers can counteract this to a degree, but you won't find a production car with a negative lift coefficient-- everyone is so impressed with the G35 because it has a neutral lift coefficient in the front stock.

      From Car & Driver:

      We've told you about the G35's careful race-car-inspired aerodynamics (C/D, March 2002). Its low nose, steeply raked windshield, and nearly flat undercarriage return an impressively low drag coefficient of 0.27, with zero aerodynamic lift in the front. If you add the Aero package ($550) that comes with a large rear wing and more underbody trickery, that number drops to 0.26 and brings total lift to zero.

      I remember driving my old Saturn SC1 at high speeds; it had a particularly bad amount of lift despite the factory rear spoiler. Near the top speed of 105MPH, steering would become quite light, the suspension would be poorly loaded, and braking would be less effective.

    8. Re:-1, no reading comprehension by VitaminB52 · · Score: 1
      My dad used to have a Volkswagen Beetle ... engine in the back, and almost no weight on the front wheels. This caused some steering problems when driving at top speed, he had to put a sandbag in the front storage compartment in order to keep the front wheels in touch with the road :).

      I've never heard about the G35. USA-only model?

  175. Re:Search Warrant by fucksl4shd0t · · Score: 2, Informative

    Inspect they can (maybe), but can the black box be introduced into a court room with out a warrent? This is upto judges and lawyers.

    Well, let's see. To get a warrant they must have some sort of idea that you've committed a criminal offense. So if they've determined the other guy was at fault, they can't get a warrant to search your car and get the black box.

    Instead, they subpoena it for the court case, and you still have to comply. Requirements on a subpoena are much looser because a subpoena is just a requirement for information, not a search for criminal evidence to be used against you. It's information to be used against someone else, and you're really expected to just give it up on request. If not, subpoena. They get it anyway. If you don't give it up, then it's a criminal offense, I understand.

    No, I'm not a lawyer either. But I don't burn my brain cells watching TV, either.

    --
    Like what I said? You might like my music
  176. 18 months for killing someone ... by Ralconte · · Score: 1

    ... If that'a the worst punishment this new technology makes easier to inflict, color me indifferent. Yes, I know, ...slippery slope..., ...next time it will be...,...police state...,...privacy issues..., I know, I know. Just this particular penalty really does dull the impact. Or is it just me?

  177. it is stupid by queenofthe1ring · · Score: 0
    limiting the throttle is a stupid idea. i don't care how things work in france, but here in america, more often than not, people don't move out of the way for ambulences, so i'd rather take my chances being driven in a car.

    people are liscensed to drive responsibly, they don't need more limitations on how fast they can drive, because in theory, they should be able to drive safely at any speed. if you want to return to the nazi regime, then go ahead. maybe that's why your country surrendered in the first place.

    --

    ~*~ ~*~ ~*~

    yes, girls read /. too...

    1. Re:it is stupid by jdifool · · Score: 1
      I know it's not good to feed the trolls, but I can't resist it.

      Especially since you are new here, and your future is assured since you appear to be a girl, I'm gonna teach you the basic principles of civil life.

      /. has been made to exchange opinions. Not always in a very fashionable way, but the slow donwgrading of the site (as seen on Usenet, for instance) is due to the very posts like 'nazi regime', and petty attacks on one's nationlity. Trolls, basically. Anyway, exchange means the very minimum of respect you don't seem to have yet ; waiting for you to grow up, I guess.

      Concerning the particular problem ; you will be surprised by the fact that more people die driving fast to answer emergency situations than waiting for proper services to arrive and rescue them. This is seen everywhere, and I'm gonna dig into my archives to find the report, just for you.

      With time you will learn that intelligence often doesn't need violence to prevail over other opinions. Apart for rants, that are welcomed because they are explicitly humorous in a way, this has been true for more than 3000 years.

      So please, do yourself a service. Read, inform yourself, think. You can do it.

      Regards,
      jdif

      --
      Let's overcome our weakness.
  178. OT... Re:that's nothing by Anonymous Coward · · Score: 0

    The fact that a civilized country would even consider giving someone a criminal record for sneaking a camcorder into a movie theater. There should be no MAYBE, there should be one thing and one thing only: ABSOLUTELY NO jail sentence for sneaking a camera into a movie theater, period.

  179. People do without by Anonymous Coward · · Score: 0

    There are certainly people who claim that one is not required to have a license to drive, and do so successfully. Here is one person who does so:
    http://cjmciver.org/dl.shtml

  180. Re:The guy that got hit deserved it. by Cyno01 · · Score: 1

    Yeah, my driving instructor always said if theyre not in the crosswalk, theyre fair game. And if you do hit them, as long as you stop, theyll usually let you go without so much as a ticket.

    --
    "Sic Semper Tyrannosaurus Rex."
  181. The right do do anything ... by Anonymous Coward · · Score: 0

    In our system, anything is legal unless there is a law that forbids it. I have the right to do anything that isn't against the law. There are some things that are expressly granted as rights as well. In British law everyone has the right to use the King's highway. The government has the right to regulate my use of the road but cannot unreasonably forbid me to use it.

    The law says that I must qualify to get a driver's license. The law says that my driver's license can be revoked under certain circumstances. However, if the local licensing agency refuses to grant me a license because I have green skin then I can get a 'Writ of Mandamus' (sp?) to force them to do their job and grant me a license.

    Driving is not a privilege any more than life, liberty and the pursuit of happiness are privileges.

    As for calibration - Any instrument is subject to errors. If the only thing that indicated that I was speeding or whatever, I would certainly challenge its accuracy and reliability. Loose connections and noise are a plague on electronics and can easily produce errors.

  182. Oh... So a tinfoil hat wearing... by cnelzie · · Score: 1

    ...character has shown you the way! Let's all bow down to our Tinfoil Hat Wearing masters!

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
  183. If-then-else by Kaseijin · · Score: 1
    But if "safety regulations" require you to record yourself....
    They don't.
  184. Re:The guy that got hit deserved it. by pommiekiwifruit · · Score: 1

    Hey, what is this thing "jay-walking"?

    I make a point of always walking down the middle of the road of a certain street in Central London. If I do it long enough, hopefully they will pedestrianise it. Of course local drivers hopefully know which streets people do that on...

  185. Re:Excellent - Democracy is Messy by CrazyLegs · · Score: 1

    Read a book or two that doesn't contain "Dummies" in the title. Then we might be able to have a civil conversation.

    --

    CrazyLegs

    "Pork!!" said the Fish, and we all laughed.

  186. already there by Anonymous Coward · · Score: 0

    Dude.. if you have an American automobile that was made after 1996, it is very likely you have one of these black boxes in it. They have already been used in court in the US. Indeed police already know how to suck the information off of it as well as all insurance agencies. I have seen them do it without even so much as a search warrant. That is because the insurance company "buys" the car from you and therefore it is their property. Suck away. I was in an accident with a 1998 Olds and it confirmed what I said. In my case it confirmed my version of what happened even though they didn't believe it at first. I got a reckless driving ticket out of it (at the scene... no access to the box there), brought the data and results from the black box to court - case was immediately decided not guilty. Woo hoo.

  187. Not ground breaking by Anonymous Coward · · Score: 1, Informative
    This is such an old story. Those black boxes have been used in US court for at least 2 years now. Usually in Drunk Driving cases. Seems to me that this was /.'d a while ago. Any US car made after 1996 has them. Euro cars - mostly starting in 1994.

    Seems to me that I have even seen handhelds on ebay that will get that info for you.

  188. More info required by JackRandom · · Score: 1

    Did the other guy run the red light or not? If yes, then it doesn't matter how fast the kid was driving, the other guy ran a red light. If not, the kid is getting off really light.

  189. Singapore by Tremo · · Score: 1

    In Singapore, it's the law to have your taxi or truck tattle on you if you're speeding. All taxis and delivery trucks have a little yellow light on the roof. When you go over the limit, the light starts flashing, and the seatbelt buzzer sounds inside the vehicle. It's common to see taxis and trucks over there driving down the highway with the little yellow light flashing. How long before there is something like that in the USA? I can see herr Ashcroft requiring black boxes with GPS and 2-way radios that send speeding, failure to stop or failure to signal info to the local police, and the ticket arrives in the mail. Patriot Act!!! Just like with DRM and copy protection schemes, there will spring up a black market for black-box circumvention devices, which will then be crushed with aggressive DMCA like tactics. Where's my bicycle?

  190. negligent homicide by westlake · · Score: 1

    A search of Google returns 46,000 hits for Negligent Homicide. On the face of it, many, but by no means all of these, have been traffic cases, and defendants have been convicted of the charge, even when cold sober at the time of the accident.

    1. Re:negligent homicide by Chiasmus_ · · Score: 1

      A search of Google returns 46,000 hits for Negligent Homicide. On the face of it, many, but by no means all of these, have been traffic cases, and defendants have been convicted of the charge, even when cold sober at the time of the accident.

      Well, that's the face of it, I guess.

      Negligent homicide is a lesser included charge to involuntary manslaughter that does not exist in every state. You can find it, for example, in Texas (link) and Arkansas (link). It appears that Texas has this lesser included because its penalties for involuntary manslaughter are unusually harsh, and lawmakers didn't necessarily want them applied to speeders.

      Generally, negligent homicide statutes include a clause requiring "reckless or wanton disregard for the safety of others," and simple fatigue rarely if ever meets that burden.

      --
      "Beware he who would deny you access to information, for in his heart he deems himself your master."
  191. Bad precedent by mnemotronic · · Score: 1
    going 157 km/h (98 mph) in a 50 km/h zone

    The recording device ... showed that ... the driver had the gas pedal to the floor

    • Two thoughts come to my mind:
    • Is there any chance the "recording device" could be wrong? E.G. does the software ever make a mistake?
    • On my Windows PC, I effectively have "the gas pedal to the floor" and it still just sits there like a turd in the tank.
    I guess in the case of the first issue, the prosecution must be able to prove the odds of a software or hardware malfunction are remote enough to justify sending someone up the river. Another problem is that the device didn't record the state of events outside the automobile, specifically the state of the traffic light in question. Did the deceased run a red light before the fatal collision?
    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  192. Good & Bad by Anonymous Coward · · Score: 1, Interesting

    Good if the technology works, why only the last 5 seconds.

    Maybe not in this situation, but lets, say you were accelerating in order to prevent the accident. I mean there is only so much a device like this is going to tell you.

    It is not like it can see the entire situation.

    Sounds like more expensive cars, and another way for some one to be set up. Anyone with enough power could abuse such a device. Lets say the presidents car is speeding goes out of contol and hits you (unlikely but possible). You are stoped at a light.

    The CIA, switch the Boxes, or perhaps alter them, making it look like you ran the red light, and that you caused the accident.

    This may be good or it may be bad, I think weather anyone likes it or not we are going to have them.

    So get used to it.

  193. The "Black Box" is just software by Anonymous Coward · · Score: 0

    Is it calibrated? look at you speedometer.
    the black box is not a seperate box. It is some extra flash in the Air Bag computer.
    If (AirBag == True)WriteFlash(FourSecBuff);

    BTW GM did not intend for them to be "Black Boxes"
    They figured they could hit a junk yard and grab them to get some real world crash data.

    Just a little Software validation.

  194. Ok, here! by Zilfondel2 · · Score: 1

    I think that black boxes SHOULD be mandatory. If you are out in the public realm, then *surprise* you need to follow a set of laws to not kill people, because 45,000 people in the US are killed each year by raving loons driving cars! There are 1.5 million auto accidents.

    Freedom of speech is one thing, but here you are in the PUBLIC REALM, and you are responsible for your actions. Especially if they endanger people's lives.

    If it were up to me, there would be NO more cars in the cities. That would solve most of these issues rather quickly, BUT...

  195. The issues are: by Alex+Belits · · Score: 2, Informative

    1. The box is bought with a car by a person who owns a car. Was the person given a choice to disable the box, or configure the recording function? If the person did not have a choice, it may amount to being forced to testify against himself by keeping records in a box available to the law enforcement and judges (remember, the box is his property, and the record produced by it is also his, even though it becomes available when the car is examined as evidence). A person may choose to not keep records that may incriminate him later, so taking away this choice amounts to forcing him to incriminating himself.

    2. Was the existence and purpose of the box even announced to the buyer when the car was sold? If the box was recording the speed secretly, it may amount to an unauthorized search -- same as if, say, a phone was tapped, or a sound/video recorder was installed in someone's car without a warrant. If police demanded that car dealers sell cars with built in sound tape recorders, constantly on and recording loops, and then used those tapes to convict criminals that were talking in those cars, police would never need a warrant for installing such a device, so that would be illegal under any sane (or moderately insane) legal system. The data recorder isn't that much different, it performs the same function, and serves no other purpose but provide information that is likely to be used against the car's (and in this case, a device itself) owner.

    --
    Contrary to the popular belief, there indeed is no God.
    1. Re:The issues are: by KD5YPT · · Score: 1

      I don't think Canadian law have that kind of problem. Although not even the president here in US are allowed to keep "incriminating" evidences locked up (Nixon anyone?).

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
    2. Re:The issues are: by Alex+Belits · · Score: 1

      The laws differ between the countries, however being based on the same English common law they aren't likely to contradict each other in the very basic matters (unless the difference is in some bogus law that was bought by someone).

      President can't have his "privacy" protected in the matters related to his work, that is not his private matter. His responsibility as a government employee trumps his rights as an individual even in matters that would be private otherwise, but since they affect the rest of the country, they are limited by his responsibilities. For example, business relationships and investments are in this category (and blowjobs are not, if anyone still can't shut up about that).

      This applies to people in all kinds of situations -- say, a bus driver has to follow his route and report to the bus company that may keep all kinds of logs, tracking, etc, yet when driving home in his car he can't be forced to follow the same rules.

      --
      Contrary to the popular belief, there indeed is no God.
  196. easy fix by Anonymous Coward · · Score: 0

    put a toggle switch on the + or the ground. the cars ecu needs power to store the data. (switch) 1 potato, 2 potato, 3 potato, (switch) ahhh, no worrys.... most ecu do not have flash as it is too expensive, and slow to log to. need something a little more real time.

    but on the higher end cars who knows....

  197. Re:98 MPH! by Anonymous Coward · · Score: 0

    "This means the need to show probable cause that says the need to get access to the box."

    98 Mph on a downtown city street in the vicinity of a stop light???

    If you really value your civil liberties and don't wish to lose them, be somewhat reasonable when driving.

    By the way, the condition of the two autos involved made it pretty hard to swallow the convicted driver's explanations! Keep in your mind the fact that he hit the other vehicle at 98 Mph! That made it pretty obvious!

    Just imagine that your are the first policeman on the scene and you are looking at a car that has just been hit at 98 Mph!

  198. Good! by xQuarkDS9x · · Score: 1

    The guy was caught doing 157KM/H in a 50KM/H zone and killed someone. He should have gotten LONGER in jail instead of just 18 months.

    --
    You must master your joystick like a fisherman masters bait! - Gimpy
  199. bullshit, that isnt a "right" by Zilfondel2 · · Score: 1

    And certainly not shared by "all citizens."

    Since when do you see 8-year olds with a drivers license out driving?

    Blind people?

    Sorry, it is not a right. It's not in the constitution. You have feet. You can walk, or take the bus, if you are stupid enough to live somewhere in which you cannot walk to work, the store, or school.

    1. Re:bullshit, that isnt a "right" by Xhad · · Score: 1
      "or take the bus, if you are stupid enough to live somewhere in which you cannot walk to work"

      Um, a lot of people either change to better jobs farther away from home while still contractually obligated to live in their old home. Others can't live within walking distance from work either because there are no residential areas nearby or because said residential areas are beyond the person's financial means...

  200. Black boxes don't send people to jail... by Anonymous Coward · · Score: 0

    People driving too fast and striking other people sends people to jail!

  201. Re:It is a balance, privacy should not be used to by Old+Wolf · · Score: 1

    MAF? ITYM AFM (woohoo, I started a post with 3 acronyms). There are two common air sensing systems for fuel-injected engines: MAP (manifold absolute pressure) and AFM (air flow meter). I think the latter is what you are describing. The problem with it is that the CPU can calculate it instantly, as you say, but the sensor is near the start of the air intake, which can be several metres away from the point of injection (on a turbo car), so it is using slightly out of date data, so it can make all sorts of mistakes (eg. if you boost then brake hard on a turbo with AFM it is liable to stall as you brake because the engine floods with all the fuel that was meant for the boosting).
    If I were designing this black box , I would hook it up to the speed sensor on the gearbox, the same way that your dash speedo works. (Practically speaking, make it read off the dash speedo). Of course, the AFM output could still be stored.

  202. Re:The guy that got hit deserved it. by Anonymous Coward · · Score: 1, Insightful

    #1. It wasn't a pedestrian stupid. He hit another car... who probably had the right of way.

    #2. Darwin was ROBBED! The idiot should have killed his own damn self running into a telephone pole or something. I don't think 18 months is enough for him.

    #3. I think these black boxes are great! Those civil liberty freaks can shove it... they probably think it shouldnt be allowed because it incriminates people :-( boohoo. What they don't think about is that it exonerates the innocent... justice and civil liberty are supposed to compliment each other, not vice versa. We now live in a world where justice is proclaimed evil and the criminal's civil liberties outweigh those of the innocent thus depriving the them of justice.

    Last. What kind of inconsiderate jerk are you to say such a terrible thing. How would you feel if this was a close relative of yours or your best friend... would they still be a dipshit?

  203. Fallacious slippery slope by steveha · · Score: 2, Insightful

    There are actually two kinds of slippery slope arguments. The fallacious one is where you say that "event X has happened, therefore event Y will inevitably happen." An example of this is "if the government makes us register our guns, they will come to take the guns away."

    Not the best example, because there are plenty of examples from real life where first the government required registration, and then the government came and took the guns away. It's hardly unreasonable to worry about something that has actually happened many times.

    A better example would be "Since it is possible to put an RFID chip in cats and dogs now, it's possible to put one in people now, and therefore the government is going to require RFID chips implanted in all people. Therefore RFID chips in cats and dogs will lead to tyranny."

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
    1. Re:Fallacious slippery slope by Anonymous Coward · · Score: 0

      Umm... if you are a parent you can chip your children, and have the (rumored?) programs to implant RFID tags in people getting help at certain government-run homeless shelters been enacted?

    2. Re:Fallacious slippery slope by fmaxwell · · Score: 1

      Not the best example, because there are plenty of examples from real life where first the government required registration, and then the government came and took the guns away. It's hardly unreasonable to worry about something that has actually happened many times.

      I actually chose that example to get the NRA-types all upset. When you say "the government", what I suppose you meant was "non-US governments not subject to U.S. laws." That's why it's a slippery slope kind of argument "Some other governments not subject to U.S. laws, confiscated guns some time after requiring registration, therefore, if we have gun registration in the U.S., confiscation of guns is sure to follow." Yeah. Sure.

    3. Re:Fallacious slippery slope by steveha · · Score: 1

      I actually chose that example to get the NRA-types all upset.

      Interesting. You chose to irritate "NRA-types" rather than clearly illustrate your point?

      When you say "the government", what I suppose you meant was "non-US governments not subject to U.S. laws."

      Um, no. I meant any government, US or otherwise.

      "Some other governments not subject to U.S. laws, confiscated guns some time after requiring registration, therefore, if we have gun registration in the U.S., confiscation of guns is sure to follow."

      You clearly haven't researched the history of gun control. Look up the Sullivan Act in New York City, for example.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    4. Re:Fallacious slippery slope by steveha · · Score: 1

      I wasn't clear, above. I won't argue that registration is inevitably followed by confiscation. Assertions that "confiscation is sure to follow" are arguably fallacious.

      However, historically, registration has been followed by confiscation many times, and it is reasonable for people to worry about the possibility.

      Saying "If you drink too much, you are sure to kill someone when you drive home" is arguably fallacious. You might drink too much, weave all over the road, and still not kill anyone on your way home. But there have been many cases where someone drank too much and did kill someone while driving home, so it is reasonable to worry about the possibility.

      The gun registration example also has the added spice that it is a publicly-acknowledged tactic of advocates of banning all firearms. For example, Pete Shields (author of Guns Don't Die--People Do) famously said in 1976 that while the ultimate goal is to ban all firearms, getting them registered would happen first.

      P.S. I made an error in the parent comment. The Sullivan Law didn't directly lead to confiscation as I implied. (New York City mostly refuses to register any new firearms under the Sullivan Law; unless you are rich, you cannot register a firearm in New York City. But that's not really confiscation.) What I was actually thinking of was the 1967 registration of rifles and shotguns, which was followed by the 1991 confiscation of rifles and shotguns, using the registration lists of course. That wasn't the Sullivan Law, and I apologize for the error.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    5. Re:Fallacious slippery slope by fmaxwell · · Score: 1
      Interesting. You chose to irritate "NRA-types" rather than clearly illustrate your point?

      I can both clearly illustrate my point and irritate NRA-types. What you did is referred to as a "false dichotomy" -- implying that I had to do one or the other.

      I wasn't clear, above. I won't argue that registration is inevitably followed by confiscation. Assertions that "confiscation is sure to follow" are arguably fallacious.

      And that is, in fact, the exact example that I gave of a slippery slope fallacy:
      An example of this is "if the government makes us register our guns, they will come to take the guns away."
      I didn't say that they "might" or that they "could". I said "will."

      What I was actually thinking of was the 1967 registration of rifles and shotguns, which was followed by the 1991 confiscation of rifles and shotguns, using the registration lists of course.

      I'll be kind and call that a distortion. What actually happened was that The New York City Police Department (NYPD) notified 2,340 New Yorkers who had previously registered weapons covered by a recently-passed assault weapons ban that the weapons had to be surrendered, rendered inoperable, or taken out of the city. The recipients of the notification were directed to send back a sworn statement indicating what had been done with those firearms. I would hardly call that a confiscation. The only confiscation was from a Staten Island man who publically proclaimed that he would not comply with the assault weapons ban.

      That wasn't the Sullivan Law, and I apologize for the error.

      No need to apologize. We all make mistakes occasionally.
    6. Re:Fallacious slippery slope by steveha · · Score: 1

      I can both clearly illustrate my point and irritate NRA-types. What you did is referred to as a "false dichotomy" -- implying that I had to do one or the other.

      I submit that your example fails to clearly illustrate your point, because of all the baggage it brings along. There are historical examples of confiscation that was preceded by registration, and advocates of gun banning have publicly advocated registration as a first step towards confiscation. I feel it is better to choose an example that stands alone.

      I never said your example was invalid; I said it was not the best example.

      I don't think the above opinion can fairly be considered a "false dichotomy".

      As for whether confiscation is possible in the US, I'll concede that New York is not the best example. California is a better one ("If you own an SKS Sporter, you can't sell it and you can't shoot it. You MUST turn it in before January 1 or face criminal charges and confiscation").

      But even if I didn't have any actual examples of actual confiscation in the US, it's still fair to say that it could happen here. There are plenty of people who would like to ban and confiscate all firearms, and some of them are in government positions.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    7. Re:Fallacious slippery slope by fmaxwell · · Score: 1

      There are plenty of people who would like to ban and confiscate all firearms, and some of them are in government positions.

      There are also plenty of moderate people who would like gun registration to make the job of law enforcement easier (e.g., "who has a gun that shoots 9.2mm Makarov ammo and lives within ten miles of the freeway"). Others want to have a database of bullet "fingerprints" (from the rifling) so that police can search for a match after a crime. Having been in the DC area during the snipers' murder spree, I'd have sure preferred that the police be able to compare bullets to those in a database. It might have saved some lives. Still others support it because it makes it harder for someone to buy guns and then sell them to felons.

      And most people don't want to take your guns, or mine, away. I'm a gun owner. I have a shotgun, a rifle, a clip-fed pistol (Makarov), and a revolver. I'd have no problem with registering them. In fact, I welcome a registration program that required that owners prove that they are competent in gun safety and marksmanship.

  204. Mod Up! by Anonymous Coward · · Score: 0

    Wow. When I saw a reply from someone named "fuckslashdot," I was expecting to see a totally different post. ;-)

  205. Your own freezer full of severed heads by steveha · · Score: 1

    Severed Head of Mr. Jones: Murder! Murrrrrrderrrr!

    Severed Head of Mr. Smith: Guilty! He's guillllllty!!

    Severed Head of Mr. Cooper: Dang, it's cold in here. And how are we talking without any lungs?

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
    1. Re:Your own freezer full of severed heads by Dun+Malg · · Score: 1
      Severed Head of Mr. Jones: Murder! Murrrrrrderrrr!

      Severed Head of Mr. Smith: Guilty! He's guillllllty!!

      Severed Head of Mr. Cooper: Dang, it's cold in here. And how are we talking without any lungs?

      Let this be a lesson to us. Cut their tongues out too, 'cause then all they'll be able to say in court is "oaaaapaaawaaaahhhmmmm" and that doesn't sound at ALL like "murderer", or "guilty".

      --
      If a job's not worth doing, it's not worth doing right.
  206. Asshole by Anonymous Coward · · Score: 1, Funny

    Am I suppossed to feel sorry for this asshole? He was doing 50 MPH OVER THE SPEED LIMIT! Good for him I hope he gets fucked in the ass every night in prison. He killed someone for cryin out loud.

  207. Re:It is a balance, privacy should not be used to by scorp1us · · Score: 1

    Maybe I wasn't clear... My example was to show that the computers that monitor and control cars are acccurate enough to be able to determine speed through a variety of ways and very accurately too.
    So not only can you determine through a sime read of the speedometer, but the MAF, fuel trim, RPM, current gear (which can be found from RPM vs Speed even in manual transmissions) all form several ways to verify the speed reading.

    Yes, you are right there can be lag in a MAF setup. Speed-density (aka. MAP (MAnifold Pressure)) won't have this problem so when your BOV actuates, you won't run rich. I forgot to mention manifold pressure in the speed-density.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  208. Entrapment by billcopc · · Score: 2, Insightful

    Okay let's go back to pre-capitalist law enforcement. You don't want me to drive above the speed limit ? Then make a car that doesn't go above the speed limit.

    Making a car that goes to 200km/h, then putting in a chip that tells the cops when you go over 50, is ENTRAPMENT. Make a car that stops accelerating at 50 instead. It's already nasty enough that speed limits are being calculated according to income possibilities, not safety. I would be quite happy to drive the black box up the designer's ass at 200km/h.

    --
    -Billco, Fnarg.com
  209. A little Edge 102.1 humor by wing03 · · Score: 1

    For those that recall the radio station Quebec spoof of the I Am Canadian beer commercial, one part comes to mind.

    "And although I can't turn right on a red light, but Tabernac! I can go straight through them!"

  210. Not unusual for Montreal by PhotoGuy · · Score: 1

    Montreal is nuts like that. I remember driving through Montreal, and having to do over 120km to keep up with the flow of traffic and not be a hazard, in a zone marked 50 km/h. (Now, this fellow might have not been on such a busy and wide street, but the driving in Montreal truly is nuts in general.)

    --
    Love many, trust a few, do harm to none.
  211. Don't get into a wreck with a Pontiac employee by tilrman · · Score: 1

    You have a fender-bender in you new (say) Pontiac with a (say) Pontiac executive. You are following too closely, clip her car's bumper, and both cars end up in a heap. The black box in your car says that you were doing five over, you were following too close, and you car needs an oil change. The black box in hers says she was doing the speed limit and even the tires were at the right pressure.

    After your fine, suspension, and/or jail time, against all odds you get into a wreck in your busted old Pontiac with another Pontiac executive. This time, he was driving 120 MPH on the wrong side of the interstate, while you were carefully signaling a lane change. Strangely, the black box in his car shows he was doing the speed limit on the correct side of the interstate, while your black box says you were changing radio stations and eating a ham on rye sandwich at 120 MPH without a seat belt on. (Certainly the black box "evidence" would be less credible in this case given where the cars land, the fact that your could no longer go 120 MPH, and that no traces of ham or rye were found at the scene.)

    I'm all for black boxes in cars, but I want more than the word of a Pontiac executive that the data that comes out of it is accurate. (Nothing against Pontiac here; the guy's car was a Pontiac, so I picked on them.)

    On another note, regarding the ridiculous 18 month sentence for killing somebody by hitting them with one's car at 90 MPH, wouldn't it be interesting if we had the old eye-for-an-eye punishment? Cruel? Arguably. Unusual? Certainly. Interesting? Definitely!

    Or just forget jail time. Paint a big red bulls-eye on either side of his car and run a news story on Montreal television, complete with photographs of the crash scene and a picture of the new paint job. Tie him into his car, replace the engine with that of a chainsaw's, and leave him in an inviting spot near a heavily-traveled road.

    And while I'm rambling, how about the judge (or jury) that let this guy back out on the road after his first speeding-at-three-times-the-limit offense? Let's give them a hand!

    And to Judge Louise Bourdeau who will put this guy back on the streets in 18 months and back on the road in 18 more: a hearty round of applause! In her words, according to the article, "No sentence can replace the loss of this young man." Thank you, Judge Obvious. As it turns out, we don't have murder trials to resurrect the victims. We have them (among other reasons) to keep more people from getting killed.

    I'd bet (hope?) if somebody ran around town with a chainsaw -- no license required -- hacking people to death he'd get more than 18 months in jail.

    But maybe that's because Pontiac doesn't make chainsaws and they don't have black boxes.

  212. The data will probably show it. by Chuck+Chunder · · Score: 1

    The changes in velocity that the wheel will experience in those conditions will probably indicate that the tires weren't in proper contact with the road. It shouldn't be too hard to convince the authorities that your car isn't capable of accelerating from 40 to 100km in 0.2 of a second.

    If it's capable of measuring the amount of throttle and braking being applied too it should present quite a detailed picture.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  213. Re:Search Warrant by Beeswarm · · Score: 1
    The reason Japanese people admit fault in an accident is because apologies in Japan often result in leniency from the court.

    While I was in Japan recently, I read an article in the Stars and Stripes newspaper. A US soldier was accused of drunk driving resulting in the death of a Japanese citizen, and the judge looked very unfavorably on the fact that he had not apologized to the family of the victim.

  214. Re:Search Warrent probably cause by Anonymous Coward · · Score: 0

    In the future there will be no 'probable cause'
    Look what has happened to the American 'Bill of
    Rights' in the Constitution. The DMCA has made
    a mockery of our Constitution, and our overly
    pliant judiciary is reminiscent of the German
    Weimar courts' abandonement of their own people
    in 1934. The phrase over the door of the German
    Reichstag, their parliament house, reads 'Dem
    Deutschen Volk' - the German People. It rang
    hollow then as a similar phrase on our Supreme
    Courts Building -Equal Justice Under Law. Look
    at the last presidential election, when our
    supreme court colluded with a republican mob
    in Florida and selected a president for us who
    had NOT won the popular vote. If Gore had been
    elected, the Arab 'blood fued' against the
    Bush family would not have been directed against
    our twin towers and they would be standing today.
    With regards to our cars, it takes no genius
    to see that 'Homeland Security' will soon mean
    'Geheimestaatspolizei' (Home State Police) =Gestapo. Soon they will realize the potential
    in the black boxes and not only demand instant
    access but also instant control. They may
    even demand and recieve means of mandatory vehicle self destruct devices in cars...to prevent
    them from 'injuring sensitive locations or
    approaching secure areas'. As for recording
    activities in the cars, while video may be far
    away, it might not really be. Anyone who turns
    off or removes such a device could be deemed
    prima facie guilty of conspiracy to terrorism
    and tried in a military court (Patriot Act) even
    though he was an American citizen. Failing that,
    he could become a disappeared one like the
    'desaparacidos' in Chile in the 1970's under
    the Pinochet dictatorship. This Pinochet regime
    was the darling of an American economist named
    Milton Friedman, and is the template for the
    future of our own American society to be used
    by the monetarists that now control our
    government. Chile witnessed how really weak
    a formerly well off population was when
    confronted by a new raw force of autocracy.
    You figure out the implications while your
    friends are busy with time wasting self guilt
    excersizes or misplaced sycophancies regarding
    people who care about them less than the dust
    under their shoes.

  215. Exactly! We the People... by cnelzie · · Score: 1

    ..decided on a whole to make driving a privilege, not a right.

    I have thousands of rights, as do you! You even have the right to assume that I see each and every freedom as a privilege. Which is far from the original topic, but hey that's your right too!

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
  216. Gun control by steveha · · Score: 1

    There are also plenty of moderate people who would like gun registration to make the job of law enforcement easier

    Except that it doesn't work. The Supreme Court has already ruled that criminals don't have to register their guns, so by definition only law-abiding folks will register their guns.

    A fired-bullet database sounds like a good idea, but it is fraught with problems. Brand-new barrels don't make the same marks as barrels that have been used a while, and a savvy criminal can take some cartridges, smear some grit on the bullets, and fire the bullets from the gun. Now the barrel marks don't match the database. And of course criminals have access to machine shops just as law-abiding folks do, so they could have the barrels machined or replaced.

    Since many criminals use stolen guns anyway, all you would be able to do is figure out from whom the gun was stolen. Doesn't help find the criminal.

    Registration will catch a few really dumb criminals, but that's about it. And the Sullivan Act in New York shows that you can require registration, but then not let anyone register, to make a de facto gun ban.

    I welcome a registration program that required that owners prove that they are competent in gun safety and marksmanship.

    This sounds good, but statistics show that places with such laws aren't actually safer than places without such laws. In Washington state, you don't even need to take a safety class to carry concealed, and there are no problems with people carrying unsafely.

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
    1. Re:Gun control by fmaxwell · · Score: 1

      Except that it doesn't work. The Supreme Court has already ruled that criminals don't have to register their guns, so by definition only law-abiding folks will register their guns.

      That's idiotic fabrication and/or gross distortion. If it wasn't, you would have provided a link to substantiate it. Just stop wasting our time with that kind of crap. Did it ever occur to you that "law abiding folks" sometimes become criminals? Ever hear of a crime committed by someone who had no prior record? Ever hear of someone snapping and shooting people? If not, do you get out from under your rock often?

      A fired-bullet database sounds like a good idea, but it is fraught with problems. Brand-new barrels don't make the same marks as barrels that have been used a while, and a savvy criminal can take some cartridges, smear some grit on the bullets, and fire the bullets from the gun. Now the barrel marks don't match the database.

      As to the marks changing over time, ballistic forensic scientists understand and can predict the changes which will occur. You also act like normal people buy a handgun and put 500 rounds through it ever couple of months. They don't. Most people buy guns, shoot them a few times, and put them in a closet, nightstand, etc. Do you really think that ballistics experts would be fooled by the effects from some grit-smeared bullets? That's as idiotic as saying that the FBI won't be able to identify your fingerprint because you have a paper cut.

      And of course criminals have access to machine shops just as law-abiding folks do, so they could have the barrels machined or replaced.

      No, they do not have the same access. Criminals have, on average, far less money. Some guy who's about to steal $300 from a convenience store to fund his crack habit can't afford to pay a machine shop to modify or swap out the barrel of gun he stole. Even the ones who can afford it are not going to be able to walk into the average machine shop and find someone willing to help them change the ballistic fingerprint of a gun. Every time they go into a machine shop, they risk someone at the machine shop tipping off the cops. If you worked in a machine shop and some street thug showed up with a Glock and wanted you to change out a perfectly good barrel, wouldn't you get suspicious?

      Since many criminals use stolen guns anyway, all you would be able to do is figure out from whom the gun was stolen. Doesn't help find the criminal.

      You wouldn't make much of a cop, would you? If the police could have identified where the DC sniper's gun was stolen from, they could have much more easily determined the identity of the sniper. As it was, they didn't know if it was someone local, from halfway across the country, etc. They didn't have a way to tell if the same gun had been used in crimes elsewhere (it had). If they could have used a national database, they could have linked the crimes together, gotten eyewitnesses who could have described the perpetrators, etc.

      Registration will catch a few really dumb criminals, but that's about it.

      Maybe if one of the "few really dumb criminals" shoots your father, mother, wife, or child, you will get a better perspective on the value of catching them.

      This sounds good, but statistics show that places with such laws aren't actually safer than places without such laws.

      I don't care about hand-picked statistics since they are normally flawed, skewed, and cooked. You picked a state with a high average income, low crime rate, limited urban areas, low gun ownership, and limited the sample to that tiny minority of people who apply for a concealed carry permit. Such statistics are as meaningful as "studies" by the Tobacco Institute showing that smoking doesn't cause cancer. I can create statistics to support any position that I want to. 'Look! Somalia doesn't have gun control and England does and Somalia has way more deaths by gunfire. That proves gun control works.'

    2. Re:Gun control by steveha · · Score: 1

      This is off-topic. Further, it is most likely a waste of my time. But what the heck, I'll reply this once.

      The Supreme Court has already ruled that criminals don't have to register their guns

      You call it idiotic distortion, the Supreme Court called it a Fifth Amendment issue. Since convicted criminals have lost their right under the law to have firearms, they would be incriminating themselves to register them, thus convicted criminals are exempt from registration laws.

      Haynes v. U.S. 390 U.S. 85 (1968)

      Did it ever occur to you that "law abiding folks" sometimes become criminals?

      Sure. And some of them are stupid enough to commit a crime that can be easily traced back to them. That's why I conceded that registration would catch a few really dumb criminals.

      If not, do you get out from under your rock often?

      This is why I am probably wasting my time. You are talking like a person who isn't interested in a debate, just interested in "scoring points" with your mind already made up.

      Do you really think that ballistics experts would be fooled by the effects from some grit-smeared bullets?

      A fired-bullet database would not be searched by ballistics experts, but by computers. The computers already have trouble matching bullets correctly:

      "When cartridges from the same manufacturer were test-fired and compared, computer matching failed 38 percent of the time. With cartridges from different manufacturers, computer matching failed 62 percent of the time."

      "The experts concluded it's unknown whether cartridges fired after typical firearm break-in and wear can at all be matched to the cartridge fired when the gun was new."

      How Reliable Is Ballistic Fingerprinting?

      If you worked in a machine shop and some street thug showed up with a Glock and wanted you to change out a perfectly good barrel, wouldn't you get suspicious?

      Unless you have some way of keeping criminals from buying machine tools, criminals could put together their own machine shop. That news story I quoted, above, suggested that a file is all you really need to change the barrel enough to make a bullet not match the database.

      You wouldn't make much of a cop, would you?

      I'll concede that more data is always better than less data, and it might sometimes help to know from whom a weapon was stolen. But it won't help that much. Criminals already buy stolen guns on the street, and a gun might change hands more than once before it's used in a crime.

      And remember, this is all assuming the fired-bullet database actually produces reliable matches.

      Maybe if one of the "few really dumb criminals" shoots your father, mother, wife, or child, you will get a better perspective on the value of catching them.

      If a proposed anti-crime measure caught only a few really dumb criminals, and had no other side effects, I'd be in favor of it, even if it was a bit on the expensive side. But this isn't that simple. If you want to convince me that firearm registration is a good idea, you will need to show evidence that the good outweighs the harm.

      And given the special status of firearms -- people use them to defend their families, and they are the last resort against a tyrannical government -- you will need to show exceptional evidence to convince me. Because registration, while it may not inevitably lead to confiscation, certainly paves the road for it.

      I don't care about hand-picked statistics since they are normally flawed, skewed, and cooked.

      I picked the state where I live. I pointed out that despite the lack of a training requirement, my state has no problems with the folks who get concealed carry licenses. You were the one arguing that people should be required t

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    3. Re:Gun control by fmaxwell · · Score: 1

      You call it idiotic distortion, the Supreme Court called it a Fifth Amendment issue. Since convicted criminals have lost their right under the law to have firearms, they would be incriminating themselves to register them, thus convicted criminals are exempt from registration laws.

      If we had registration, gun dealers and individuals selling guns would have to indicate to whom guns were sold. Do you think that gun dealers would just remain the registered owners and not file paperwork showing to whom they sold the gun?

      Sure. And some of them are stupid enough to commit a crime that can be easily traced back to them. That's why I conceded that registration would catch a few really dumb criminals.

      Most criminals are "really dumb." Look at how many surveillance camera images we have of criminals who rob banks and convenience stores with their faces exposed. Look at how many of them leave fingerprints at the scenes of crimes. If they won't even take the trouble to don a ski mask or pair of gloves, what's the chance that they will try to modify a gun barrel?

      A fired-bullet database would not be searched by ballistics experts, but by computers.

      If the President was shot, are you suggesting that they'd turn the matter over to the computers and never have a person look at it? Do you think that's what would happen if another sniper were to terrorize a major metropolitan area? They spent millions of dollars in the DC sniper case alone. I'm sure that computers would get a first crack at identifying the best matches, but ballistics experts would make the final call and do additional searching if necessary.

      The computers already have trouble matching bullets correctly:

      And everyone on Slashdot knows that computers haven't progressed at all in the last ten years, so we should assume that computers will never get better at this task. Besides, even your data showed a 38% success rate in the worse of the two cases. That's pretty darned useful if you ask me.

      And given the special status of firearms -- people use them to defend their families, and they are the last resort against a tyrannical government -- you will need to show exceptional evidence to convince me. Because registration, while it may not inevitably lead to confiscation, certainly paves the road for it.

      If the U.S. government decides to unleash the full force of the U.S. military on the people, whether you have a Glock, AK-47, or Remington shotgun is not going to make any difference. You're toast. As to the belief that registration would pave the road to confiscation, I just don't see it. I'm not expecting them to confiscate my car and I registered that. This country has too long a history of supporting individual gun ownership to have me believe that it would turn around and confiscate all guns.

    4. Re:Gun control by steveha · · Score: 1

      If we had registration, gun dealers and individuals selling guns would have to indicate to whom guns were sold.

      Oh, for Pete's sake, don't you know anything about the laws we already have? Gun dealers already have to indicate to whom guns are sold. They have to check your ID, they have to submit you to the Brady Law computer check, they have to fill out forms. They have to hold onto the forms forever. If they close up their business, they have to turn the forms over to the BATF.

      Currently, transfers of already-owned guns between private individuals is not required to do similar paperwork. Lots of people want to change that; they call it the "gun show loophole".

      If they won't even take the trouble to don a ski mask or pair of gloves, what's the chance that they will try to modify a gun barrel?

      Tell you what. There are systems in place in Maryland and New York. Why don't we just check the news to see how effective they are?

      Oh look, the Maryland system has yet to solve a single case.

      CNS news story

      And everyone on Slashdot knows that computers haven't progressed at all in the last ten years

      The problem isn't so much the computers, it's that the markings aren't unique enough. And did you read the part where different bullets, fired from cartridges made by different companies, didn't match, and it wasn't clear that the bullets would match at all after the gun had significant wear?

      If the U.S. government decides to unleash the full force of the U.S. military on the people, whether you have a Glock, AK-47, or Remington shotgun is not going to make any difference. You're toast.

      So Iraq is completely pacified and meek now, right? Our soldiers over there have stopped taking losses?

      How about Vietnam -- did our soldiers take any losses there from random people with firearms?

      Yes, one person cannot stand against the full force of the government. But lots of people could, if they had to. Of course I hope it never comes to that. I did say the last resort.

      This country has too long a history of supporting individual gun ownership to have me believe that it would turn around and confiscate all guns.

      This country has a long history of supporting freedom of speech, yet we are tireless in resisting anything that might tend to infringe on freedom of speech. We should treat the right to keep and bear arms the same way.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
  217. Re:This is a non-story STFU fag. by Anonymous Coward · · Score: 0

    Look at you. Get back to fucking up more computer games for people. You fucked jacked ass motherfucker.

  218. I recommend by MattW · · Score: 1

    I recommend avoiding Saturns -- go for a Sunbeam, or a Shelby Cobra, or maybe an Aston-Martin DB7 Volante. ;)