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Car Owners to be Notified of Blackboxes in Vehicle

smooth wombat writes "As a follow-up to this long ago posting, the National Highway Traffic Safety Administration has passed a resolution requiring car manufacturers to inform buyers if their cars are equipped with Event Data Recorders (EDRs). The new regulation also standardizes what information is to be collected. Car manufacturers must comply with the new regulation beginning in the 2011 model year."

334 comments

  1. whoo hooo!! by z0I!) · · Score: 1

    5 years of collecting any kind of data we want, without telling anyone!

    1. Re:whoo hooo!! by crashelite · · Score: 1

      lets look at what we know: speed, distance, and thats about it lets now look at what we dont know: who, where, when, why? so pretty much if you want this wont help much in anything except if u get in an accident but even then it will only show that point in time no way telling them u were speeding going 130 2 weeks ago who knows where could of been @ a race track for all we know or could of been on ur rural street...

      --
      (yes i know i suck at spelling fell free to correct my grammar and/or spellin i dont care, im still not going to change
    2. Re:whoo hooo!! by AlHunt · · Score: 1

      > 5 years of collecting any kind of data we want, without telling anyone!

      Cars have had black boxes since the mid 90's or so. They've already had 10+ years.

      They also can use it to validate warranty claims (over-revving the engine, etc)

      Al

      --
      1 in 4 Maine children in struggle with hunger.
    3. Re:whoo hooo!! by racer951 · · Score: 1

      In fact Porsche does this. I have a few buddys that over reved on the track and blew the engine in a lease car two got the engine replaced one did not because Porsche asked for the black box records (the other two the dealer just replaced we have a really cool dealer when it comes to racing). and I know GM is doing this on some of the redline/SS/Z06/V cars now a days

    4. Re:whoo hooo!! by AlHunt · · Score: 1

      > In fact Porsche does this. I have a few buddys that over reved on the track and blew the engine

      BMW, too:

      Autoblog

      --
      1 in 4 Maine children in struggle with hunger.
  2. I like it. by yagu · · Score: 4, Interesting

    One thing I've always feared: some huge speed bump because after some driving incident/accident I'm embroiled in an "I said/you said" recount of the event. I try to be as safe a driver as possible and have managed 30+ accident-free years. But almost every trip is an adventure with crazies on the road every day. This black box technology could hedge my (and others) bets on accurately describing what "went down".

    I don't like the thought someone would be watching me all the time like Big Brother, but on the other hand if I get t-boned, and the other party claims I ran a red light or some other nonsense I like the thought there could be an electronic record showing the other party was traveling way over the speed limit, weaving, slamming brakes, etc. right up to the event.

    It could be a great equalizer for insurance rates. It could even spur better driving in on whole by the general populace (some drivers of course and their negligence is intractable).

    And, as for the breach in privacy, I don't see much demand and/or interest in the type of data described in the article in contexts other than accidents. If you're accident free, why would the data be interesting?

    (Aside: I actually installed a "Car Chip" in my car for personal monitoring. Most notably I was surprised at the frequency of "hard accelerations" -- far more than I'd have guessed. The data was charted against distance, and I was able to "see" where I was "hard accelerating". Interestingly after knowing this, and paying more attention to accelerating I self-modified my habits and the mileage for my car (Civic) increased almost 6%.)

    (NOTE: this doesn't address and/or discuss the notion of tracking movement and travel via mechanisms such as GPS... a whole other ball of wax in privacy discussions.)

    1. Re:I like it. by rkcallaghan · · Score: 5, Insightful

      This black box technology could hedge my (and others) bets on accurately describing what "went down".

      No, not really. You see, the black box can tell your insurance company that you were going 5 over the limit to pass someone, which could invalidate your claim (you were speeding). It has no idea that the other party was a 30-something on their cell phone with their laptop open, swerving to avoid the teenagers joyriding in the wrong lane with their lights off.

      ~Rebecca

    2. Re:I like it. by Digital+Vomit · · Score: 1
      And, as for the breach in privacy, I don't see much demand and/or interest in the type of data described in the article in contexts other than accidents. If you're accident free, why would the data be interesting?

      Driving habits could be of a lot of interest to car manufacturers and law enforcement, who could pay garages to secretly extract this information from any such logging device without your knowledge (unless the device is only constantly re-recording the last few seconds rather than keeping a complete history).

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    3. Re:I like it. by Anonymous Coward · · Score: 1, Insightful

      I don't like it.

      I go racing (on a track) and I don't want them to pull up the top speed of my car and try to say I did this on a public road. Who knows what data it collects but I'm sure the top speed is probably one of the bits.

      Wouldn't it be great if your insurance company found out you were doing 180mph? Sure would.

    4. Re:I like it. by GmAz · · Score: 1

      This 'black box' won't be transmitting all the time. If an accident occurs, law inforcement or your insurance company can inspect the data.

      --
      Click Click Bloody Click PANCAKES!
    5. Re:I like it. by Anonymous Coward · · Score: 1, Interesting

      So how does the blackbox records what traffic signal was there? You can run red light at 5mph and get tboned by someone going 25mph within speed limit weaving and slaming on the brakes.
      It's a stoopid and dangerous idea to use this blackboxes in a court.

    6. Re:I like it. by mi · · Score: 1
      This black box technology could hedge my (and others) bets on accurately describing what "went down".

      Are you not concerned, it may lie/break? "He said vs. she said" has the (somewhat dubious) advantage, that neither side is 100% trusted...

      Your box may be off by 15%, but no one will believe you...

      --
      In Soviet Washington the swamp drains you.
    7. Re:I like it. by Not_Wiggins · · Score: 2

      No, you missed the GP post's point...
      The blackbox in the idiot's car would indicate his reckless driving.

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    8. Re:I like it. by Volante3192 · · Score: 1

      That's what the Red Light cameras are for, obviously.

    9. Re:I like it. by RevDobbs · · Score: 1

      How? Is it recording lateral acceleration, i.e. swerving? Are all the black boxes syncing their times with some NTP server, that along with a properly-synced traffic light can tell who actually had the red or green light on a given intersection?

    10. Re:I like it. by LindseyJ · · Score: 1

      I don't know how it is where you live, but here in FL, passing speed (5mph or lower for short amounts of time) is not against the law and not considered 'speeding' and you cannot be ticketed for it.

    11. Re:I like it. by Detritus · · Score: 1

      It only has enough memory to record the data immediately preceding some significant event, like air-bag deployment.

      --
      Mea navis aericumbens anguillis abundat
    12. Re:I like it. by Volante3192 · · Score: 2, Interesting

      It could be a great equalizer for insurance rates. It could even spur better driving in on whole by the general populace (some drivers of course and their negligence is intractable).

      On a purely selfish reason, I'd like to agree with you. I've mused many times about getting a camera for my car, like police cars, to catch some of these idiots doing some wonderfully graceful moves. I go 65-70 tops on the freeway, and pretty much everyone passes me... going 80...90...100... dodging, swerving, 4-lane changes at once... And if the boxes radioed back, compared to my pithy 5, I'll be on the low end of the graph and laugh as THEY get slammed with suddenly exponentially larger premiums.

      But, as much as I'd like this to work the way I want it to, I've learned that there's no idea so good, so flawless, so deliciously perfect, that can't be twisted, mangled and misinterpreted with a little corporate and government fingering. So rather than a bait and switch, I'll stay against it and just hope that the CHP would get a bigger presence and start ticketing more.

    13. Re:I like it. by vux984 · · Score: 5, Insightful

      No, you missed the GP post's point.

      And you missed the counter-argument's point.

      The blackbox in the idiot's car would indicate his reckless driving.

      What if it turns out HIS blackbox shows him driving straight and normal at the speedlimit. (sure he still ran a red light and t-boned you... but the blackbox shows nothing strange)... and YOUR blackbox shows you driving 2km over the limit with a recent swerves when you dodged a few pieces of debris on the road.

      Sure he ran the red light, but your own blackbox paints an unflattering picture of your driving.

      Its a knife that cuts both ways. Some times it will cut both ways at once; sure it might identify the other driver as a weaving/hard braking idiot -- but what if it also shows you were going slightly over the speed limit or had done some recent swerving around? Your insurance company might still nail you with higher rates or reduce their coverage.

    14. Re:I like it. by Volante3192 · · Score: 1

      FTA: ...they do record things like speed, steering wheel movement, how hard the brakes are being pressed and the actual movement of the car itself.

      There's your lateral movement.

      And running a red light? That's what the red light cameras are for.

    15. Re:I like it. by telchine · · Score: 1

      The black box can tell your insurance company that you were going 5 over the limit to pass someone [...] It has no idea that the other party was a 30-something on their cell phone with their laptop open, swerving to avoid the teenagers joyriding in the wrong lane

      It's quite lucky you too were in the wrong lane as you were overtaking, otherwise something nasty could have happened!

    16. Re:I like it. by kfg · · Score: 1

      . . .the other party was a 30-something on their cell phone with their laptop open, swerving to avoid the teenagers joyriding in the wrong lane with their lights off.

      Oh, right, like that happens.

      KFG

    17. Re:I like it. by Not_Wiggins · · Score: 1

      Why not record swerving? I would imagine that such devices would be recording all sorts of information including vertical acceleration (why not?).

      The point isn't having absolute proof, but evidence that could support a story.

      For example, if my car shows that I'm going from 0 to 10 miles per hour and the other car accelerated from 30 to 45 right before the accident, it would support my "the light turned green and I started to go when I got t-boned" story instead of his "*I* had the green light and he ran the red." Time sync isn't necessary; one just has to run the event clock backwards from each car's recording of the crash.

      Even with that said, such evidence could lead one to the wrong conclusion (take the above example, but assume the t-boning car actually _did_ have the green and I rolled out in front of him on purpose)... that would be quite a temptation for insurance fraud con artists. 8/

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    18. Re:I like it. by DJCacophony · · Score: 1

      If you're speeding then don't say you weren't, and the black box won't be used against you. The parent clearly said he was a safe driver.

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    19. Re:I like it. by ScrewMaster · · Score: 5, Insightful

      Ultimately, it comes down to who has control of the data. If the police can routinely interrogate these devices without the vehicle owner's permission (much less a warrant) then they are of little value to the consumer. The preliminary OBDIII (On Board Diagnostics III) specifications that I've looked at include the ability for cops (or anyone with the proper equipment) to retrieve information from these things wirelessly and without notifying the driver. I really don't think I like that.

      Frankly, there's a good chance that any such black box that is installed in any car I purchase will suffer the effects of a nearby lightning strike. Or maybe a transient short in the ignition system will take care of the problem. Unfortunately, odds are that this will not be a separate device but simply more memory and firmware in the existing vehicle computer.

      Still ... firmware can be replaced.

      --
      The higher the technology, the sharper that two-edged sword.
    20. Re:I like it. by DJCacophony · · Score: 5, Insightful

      "If you're accident free, why would the data be interesting?"

      "If you're terrorist free, why would recordings of all your telephone conversations be interesting?"
      "If you're treason free, why would a log of all your internet activity be interesting?"
      "If you're not searching for child porn, why would a database of all your searches/web browsing being released to the general public be interesting?"

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    21. Re:I like it. by vmfedor · · Score: 1
      Backup?

      What, me worry?

      --

      I like my women how I like my sugar.. granulated.

    22. Re:I like it. by DJCacophony · · Score: 1

      Are you not concerned, your television might randomly implode?
      Are you not concerned, somebody might have planted a bomb under your car?
      Are you not concerned, somebody might have brought snakes onto your plane?

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    23. Re:I like it. by Moofie · · Score: 1

      And that'll never change, when they decide that they can "fight terrorists" with this technology. Really!

      --
      Why yes, I AM a rocket scientist!
    24. Re:I like it. by pete6677 · · Score: 2, Informative

      Not that I'm defending this practice, but speeding does not automatically result in an insurance claim being denied. Driving 2 MPH over the limit would never be seen as a reason to assign fault for an accident or deny a claim.

    25. Re:I like it. by aztec+rain+god · · Score: 2, Funny

      Reminds me of a joke I heard in a bar a while back- that the NHTSA was to require voice recorders in all trucks. In most of the country, right before a fatal wreck, the most commonly uttered phrase was "Oh shit!", but in Montana the most commonly uttered phrase was "Hold my beer, watch this!"

      --
      Sig cannot be found.
    26. Re:I like it. by Anonymous Coward · · Score: 0

      You do realize that OBDII is part of your car's computer. Things like, oh I dunno, fuel injection wouldn't function without it.

    27. Re:I like it. by greg_barton · · Score: 0
      I try to be as safe a driver as possible and have managed 30+ accident-free years. But almost every trip is an adventure with crazies on the road every day.

      You haven't had an accident in 30+ years and you're still afraid of crazy drivers all of the time?

      A bit paranoid, are we?

      Of course, you'll say, "I haven't had an accident because I'm paranoiod!"

      And, of course, any paranoid person would say that. They are all out to get you, after all.

      Happy stress driving, grandpa!
    28. Re:I like it. by Ellis+D.+Tripp · · Score: 1

      >Still ... firmware can be replaced.

      Until a law is passed preventing such modifications. Because the recorder functions will most likely be part of the engine control computer, the lawmakers will use concern over tailpipe emissions or something similar to outlaw modified firmware.

      --
      Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    29. Re:I like it. by dhasenan · · Score: 1

      So, just nudge the flash chip that the computer records to. It's got old data on it, perhaps; I could remove it entirely (and replace it if the car won't function otherwise), or I could leave the data on there after driving carefully for an appropriate distance.

    30. Re:I like it. by dhasenan · · Score: 1

      The answer to surveillance is more surveillance!

      I love it!

    31. Re:I like it. by Ellis+D.+Tripp · · Score: 1

      And if the car (or you) is unable to drive after the accident?

      --
      Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    32. Re:I like it. by ScrewMaster · · Score: 1

      Actually, they'll outlaw it right up front. Doesn't mean that such mods won't happen though.

      --
      The higher the technology, the sharper that two-edged sword.
    33. Re:I like it. by Martin+Blank · · Score: 1

      I would imagine that such devices would be recording all sorts of information including vertical acceleration

      Someone better tell Bo and Luke Duke to stay away from the new Chargers.

      --
      You can never go home again... but I guess you can shop there.
    34. Re:I like it. by dhasenan · · Score: 1

      What of it? The flash memory was removed well before anything happened; it's a case of malfunctioning equipment. And it was required in order for the car to run, then I can replace it or make a pacifier (probably a ROM encoded with the contents of the flash chip I removed).

    35. Re:I like it. by everett · · Score: 1

      You know? I've really had it with these snakes on a plane references, get your snakes off my internets!

      --
      Sig withheld to protect the innocent.
    36. Re:I like it. by memoid · · Score: 1

      Well, maybe owning a car that can go as fast as mine isn't a good idea if the black box could rat me out.

      --
      -- memoid
    37. Re:I like it. by nickull · · Score: 1

      Black box this.... http://www.nickull.net/movies/MOV00358.MPG And yes - I am leasing this 2002 Porsche Twin Turbo....

      --
      "Question everything, including this!" - http://technoracle.blogspot.com/
    38. Re:I like it. by StikyPad · · Score: 1

      The setup I've always heard is "What's the last thing a redneck says?" as told to me by a self-proclaimed redneck.

    39. Re:I like it. by shadowbearer · · Score: 1


        It's lobbyist pandering, is what it is. (get 'em in there before it's regulated they be in there)

        The only real beneficiaries are the lawyers.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    40. Re:I like it. by Omeger · · Score: 1

      Actually it could tell if you passed a red light by detecting how far it was since you crashed, what turns you made, and comparing it to the record from the computers that run the traffic system.

    41. Re:I like it. by Keeper · · Score: 1

      You're missing a crucial difference between this and the "examples" you cite.

      You retain the record until a criminal investigation has been opened. This is akin to your browser history being used against you in a child-porn prosecution.

      "The man" can't use the data for an alternate purpose, because they don't possess the data or have access to it on a whim.

    42. Re:I like it. by vux984 · · Score: 1

      the computers that run the traffic system

      If you are lucky enough to have an accident at such a light I guess.

      Despite the depictions in some movies and CSI, most traffic lights are still operating on fixed patterns and/or are basic sensor driven finite state machines. Centrally controlled / monitored systems are several orders of magnitude more expensive and generally only exist in downtown cores of the biggest cities.

    43. Re:I like it. by sbaker · · Score: 1

      Existing implementations (such as for example my MINI Cooper) use the engine management computer (ECU) - so to get rid of this - you have to replace (or - I guess - reprogram) that. Sadly, the law in most places already requires that you have an APPROVED ECU in order to meet emissions standards (the OBD-II spec requires this - OBD-III will be the same). So you are just as likely to be in trouble with the law and/or your insurance for disabling this gizmo as you would for refusing to disclose the information inside it.

      Replacing the ECU is getting increasingly impossible though - the code inside is DRM'ed to the eyeballs and controls so many aspects of the car that it's essentially irreplacable. Drive-by-wire is coming to some cars in 2007 - we already have brakes and accellerator controls that work by wire - steering by wire is definitely on it's way. I don't know that I'd want to trust that stuff to homemade software.

      --
      www.sjbaker.org
    44. Re:I like it. by kfg · · Score: 1

      Everytime I think I've finally seen absolutely every idiotic thing that could be done while driving they go and find a better idiot.

      KFG

    45. Re:I like it. by OverflowingBitBucket · · Score: 1

      You haven't had an accident in 30+ years and you're still afraid of crazy drivers all of the time?

      A bit paranoid, are we?

      Cheap shot. Maybe you're lucky enough to live in an area where people won't try to force you into the back of a parked car to satisfy some feeling of inadequacy, but I doubt it.

      Driving with the mindset that there are crazy drivers out there isn't paranoia, it's a damn good idea, good advice, and very true. A few years back I used to commute an hour each way to work each day and I've seen people do a lot of crazy things. I'm only posting today because on the one or two occasions that someone did something stupid that probably would have killed me (eg. truck pulling into my lane with me still in it at 80kph) I was paying attention and took steps to survive.

      So yeah, take it easy on your parent poster, your attack was unjustified.

    46. Re:I like it. by blackest_k · · Score: 1

      I use a Garmin GPS unit with my Sat Nav and it logs the data about once a second. It's possible to pull that information off and use it with (mapping software I forget the name)to recreate a journey in 3d.

      Anyway one day i was travelling somewhere and as I went round a roundabout the car went into a spin doing a 180 luckily the traffic was light and no damage done.

      when i got home I downloaded the data from the GPS which showed the spin quite clearly the location on the map and the recorded speed in mph. I was travelling at around 28mph when the car span out. Basically the incident was caused by spilt fuel and I wasn't travelling that quickly.

      while that particular information was interesting and reassuring for me personally, there is way to much information being recorded.

    47. Re:I like it. by vux984 · · Score: 3, Interesting

      If you're speeding then don't say you weren't, and the black box won't be used against you.

      Gotcha... tell them you were speeding up front so they don't even have to look at the black box before assigning you some fault. (And perhaps writing you a speeding ticket; after all you confessed.)

      The parent clearly said he was a safe driver.

      What exactly does that mean? He never speeds?

      What's safer: driving 5mph above the speed limit with traffic, or driving 5mph below* the speed limit (and thus 12+mph below the average speed of traffic)?

      Hint: driving with traffic, unless it is driving inappropriately fast is safer.

      * you'd have to drive around 5mph below to ensure that you never speed. If you tried to drive right at the speed limit you would still vary 2 or 3 mph due to grades, turns, traffic, etc. So to ensure you "never speed" you actually have to set your target a few mph below the limit. And doing 52-58 in a 60 when traffic is running at 65-70 *is* hazardous.

    48. Re:I like it. by Associate · · Score: 1

      You forgot that the quality and timing of such hardware need not be so acurate as to be a bullet point for Hollywood police drama.

      --
      Someone hates these cans.
    49. Re:I like it. by Associate · · Score: 1
      Cover the antenna with tinfoil. If they ask questions, say you read on teh intarweb that doing so protects the computer from harmful rf emmisions making it last longer. Hell, tell them I said it was so. As a matter of fact...

      Covering the computer and antenna of a car's On Board Diagnostic system protects it from harmful radio frequency emmisions which will make the equipment last longer.
      --
      Someone hates these cans.
    50. Re:I like it. by Associate · · Score: 1

      Sounds like someone had snakes in their cornflakes.

      --
      Someone hates these cans.
    51. Re:I like it. by Hyperspite · · Score: 1

      The problem with that is that faraday cages only block outside signals from getting in. If you place an electric charge (in this case an electromagnetic wave inside) then it can still get out. Gauss's Law for Electric fields. This means that it can't respond to wireless queries, but if it periodically broadcasts... I suppose that it's impractical, but I bet someone could think of a senario where you could get nailed (It broadcasts every few seconds?).

    52. Re:I like it. by BlackTyranny · · Score: 1

      There is a pretty serious trade off here. Many driving systems of today are programmed to improve by learning the signatures of a particular vehicle system. Without this data, the vehicles will now be limited by a government mandate. Seems very counter-intuitive, considering the continuing government pressures to add just these kind of technologies to make greener and more fuel efficient vehicles.

    53. Re:I like it. by Anonymous Coward · · Score: 0
      The problem with that is that faraday cages only block outside signals from getting in.

      What the hell are you talking about? Faraday cages work both ways. How do you think electronic devices are shielded to prevent emitting RFI?

    54. Re:I like it. by syousef · · Score: 1

      (Aside: I actually installed a "Car Chip" in my car for personal monitoring. Most notably I was surprised at the frequency of "hard accelerations" -- far more than I'd have guessed. The data was charted against distance, and I was able to "see" where I was "hard accelerating". Interestingly after knowing this, and paying more attention to accelerating I self-modified my habits and the mileage for my car (Civic) increased almost 6%.)

      I wonder how much you'd like it if insurance companies insisted on having your data, and raised your insurance rate as a result, since they would now have evidence you're an unsafe driver.

      If I could have that data stored encrypted and my right not to reveal the data unless I chose to (a signature could ensure authenticity) I might be interested. The trouble with data is that it's only good if you're trying to be objective about what's going on. If you have an agenda like the insurance companies (raising premiums) or the police (issueing fines, demonstrating they're doing their job) and you don't have control over your own data, you'll end up being screwed.

      --
      These posts express my own personal views, not those of my employer
    55. Re:I like it. by geminidomino · · Score: 1

      You haven't had an accident in 30+ years and you're still afraid of crazy drivers all of the time?

      A bit paranoid, are we?


      Hardly.

      Expecting the other guys to be driving like maniacs means you're prepared when they do. I know they teach that in motorcycle training courses. Not in drivers' ed, though, apparently.

    56. Re:I like it. by firewrought · · Score: 1
      Ultimately, it comes down to who has control of the data.

      If the data exists, your insurance contract will stipulate that it be provided to satisfy a claim. Duh. And no, the market won't solve the problem. Oh, and swapping out chips or fritizing them might constitute fraud. On the bright side, you'll get 5 years in a state facility during which to study the OBD-IV spec....

      --
      -1, Too Many Layers Of Abstraction
    57. Re:I like it. by dfn_deux · · Score: 1

      This is exactly my take on the situation. I wish I had not wasted my moderation points yesterday.

      --
      -*The above statement is printed entirely on recycled electrons*-
    58. Re:I like it. by fbjon · · Score: 1
      Where I come from, that's not even speeding either, more like following the traffic, which is how you're supposed to drive if you want to be safe *).


      *)Though obviously not if surrounding traffic is going 30kmh over the limit. Then you should get the hell out from that madhouse.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    59. Re:I like it. by fbjon · · Score: 1

      Braking by wire? Would that be as in a physically disconnected brake pedal? That doesn't sound very sane, or useful.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    60. Re:I like it. by Ashtead · · Score: 2, Insightful

      Faraday cages work both ways. Reciprocity, as it is called; the equations describing how it works give the same solution for waves going in either direction. Same thing as an antenna being equally able to transmit and receive.

      However, the degree of shielding will depend on the sizes of the openings in the cage, and the wavelength of the signal. If the openings are larger than about 1/10 the wavelength, they will let some of the energy or signal through, and the larger the opening is the more energy or signal will make it through.

      I don't know exactly which frequency these will work at, but I'd imagine that even if they used one of the unlicensed ones near 430 MHz, the wavelength is about 70 cm, and so any opening larger than 7 cm (or about 3 inches) could let some of the signal through. The window openings in any car are larger than this, so there is not much in the car stopping the signal from any internal transmitter at this frequency from being received outside it.

      --
      SIGBUS @ NO-07.308
    61. Re:I like it. by arose · · Score: 1

      Snakes on the internets are no problem, they crawl along the tubes and don't clog them.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    62. Re:I like it. by symbolic · · Score: 1

      don't like the thought someone would be watching me all the time like Big Brother, but on the other hand if I get t-boned, and the other party claims I ran a red light or some other nonsense I like the thought there could be an electronic record showing the other party was traveling way over the speed limit, weaving, slamming brakes, etc. right up to the event.

      In that case, solve your problem by installing the same thing police use - a video camera mounted on the rear-view mirror (or dash). At least it's *your* choice then.

    63. Re:I like it. by Anonymous Coward · · Score: 1, Interesting

      dont forget about the proposed odb-iii spec of remote shutdown. its 'optional' last i checked, but ive heard that it gets bundled in when you get the 'automated checkup' features.

      and an ECU swap was quite possible in ODB-I/II, but it seems all new cars are controlled by a pethera of computers now, taking out the black box while still keeping everything going OK is going to be a MAJOR undertaking.

    64. Re:I like it. by FireFury03 · · Score: 1

      What's safer: driving 5mph above the speed limit with traffic, or driving 5mph below* the speed limit (and thus 12+mph below the average speed of traffic)?

      Possibly a better example: when overtaking on a single carriageway, what's more dangerous: sticking to the speed limit and doing 5mph more than the car you're passing or accellerating hard and exceeding the speed limit but passing the other car in a much shorter space of time. Remember you're on the "wrong" side of the road during such an overtaking manouver - if you have a head-on collision you're fairly screwed whether you were doing 60mph or 70mph so I'd argue that breaking the speed limit and getting back onto your side of the road as quickly as possible is the safer option.

      Unfortunately this is something the highways people don't seem to have understood on one of the roads near me: 60mph limit, single carriageway with 1 lane in each direction. Every so often it widens to 2 lanes in each direction so you can pass slow moving traffic (lorries, etc)... which is great, except they have reduced the limit to 50mph on the wider sections (and only the wider sections) and installed GATSOs, so there's no way you can overtake that lorry that's crawling along at 50mph without doing it on the (unsafe) narrower sections of road. Crazyness...

    65. Re:I like it. by plague3106 · · Score: 1

      What's safer: driving 5mph above the speed limit with traffic, or driving 5mph below* the speed limit (and thus 12+mph below the average speed of traffic)?

      Hint: driving with traffic, unless it is driving inappropriately fast is safer.


      You'd be wrong. Always sticking with the flow is safest. The safest speed limits are the one which are high enough that 90% of the people drive the limit or less. There's 40 years of data supporting this rule.

      The sad part is that the state no longer cares; they want money from speeding, at any costs. Why else would VT have ruled that you can't challege the limit based on an engineering study if the limit wasn't challenged within the first five years?

    66. Re:I like it. by hb253 · · Score: 1

      Passing wouldn't be such a problem if you got rid of those pesky carriages!!

      Carriageway - how quaint. :-)

      --
      Self awareness - try it!
    67. Re:I like it. by mattaw · · Score: 1

      HOW QUAINT????. In your case I shall dig up your roads and use them for my gravel drive as they are `free'!

    68. Re:I like it. by boingo82 · · Score: 1

      This is where something like Drive Cam could be useful. (Currently in use in commerial applications only.) It shows an actual video of the car for 30 seconds prior to impact, and you get a much better picture of what actually happened.

      --
      As a republican I feel it my responsibity to manufacture criminals. People need punished!
    69. Re:I like it. by cbiltcliffe · · Score: 1
      I don't know exactly which frequency these will work at, but I'd imagine that even if they used one of the unlicensed ones near 430 MHz, the wavelength is about 70 cm, and so any opening larger than 7 cm (or about 3 inches) could let some of the signal through. The window openings in any car are larger than this,
      What? You're going to cover your entire car with tinfoil? Sure...that's not obvious at all. Never mind the fact that the car's body panels are already all steel (unless you drive a Saturn), so it will have no effect at all.

      I'm assuming this type of thing wouldn't use the radio antenna to transmit. It's probably got a small, dedicated antenna specifically for this. Now, if the wavelength is 70 cm, then the antenna has to be 35 cm long, or coiled. Pretty easy to do, and pretty easy to contain right within the engine management computer. Find the computer, and put it in a steel box 1/2 inch thick. One tiny little hole for the wiring to come out isn't going to cause any problems.

      Now here's a question for somebody who knows more about Faraday cages than me:
      If it's grounded to the car body (which is not earth ground) is it still going to block transmission well? I would assume so, as the transmitter is running relative to the car body ground, rather than earth ground.
      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    70. Re:I like it. by mrchaotica · · Score: 1
      The blackbox in the idiot's car would indicate his reckless driving.

      How do you know he's driving recklessly? How does the system distinguish between swerving for a stupid reason (e.g., to go around a slower car or because he's not paying attention) and swerving for a good reason (e.g. avoiding an accident because of the actions of some other idiot)?

      Wouldn't you be pissed if you had an accident because you were avoiding having a worse one, and then got counted at fault for it because your car's data recorder said you were driving "recklessly?"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    71. Re:I like it. by hb253 · · Score: 1

      Here in the Northeast US, we call them highways.

      --
      Self awareness - try it!
    72. Re:I like it. by Anonymous Coward · · Score: 0

      Because every intersection on the continent has a camera...

    73. Re:I like it. by Anonymous Coward · · Score: 0
      You've never dealt with insurance companies, eh?

      Its a knife that cuts both ways. Some times it will cut both ways at once; sure it might identify the other driver as a weaving/hard braking idiot -- but what if it also shows you were going slightly over the speed limit or had done some recent swerving around? Your insurance company will still nail you with higher rates or reduce their coverage.


      Fixed that for you.
    74. Re:I like it. by AK+Marc · · Score: 1

      I don't like the thought someone would be watching me all the time like Big Brother, but on the other hand if I get t-boned, and the other party claims I ran a red light or some other nonsense I like the thought there could be an electronic record showing the other party was traveling way over the speed limit, weaving, slamming brakes, etc. right up to the event.

      I don't understand what weaving, speeding, and slamming brakes does to show someone ran a red light. In fact, the only person I know with multiple tickets for running a red light drives very slowly. He doesn't bother to pay attention to his dashboard or the road because he's below the limit so he must be safe. Now, if you were to violated some rule (and everyone does sometime, even the safe drivers) and he cruises through the red light as he is known to do and strikes you, what will they show? You'll be the "unsafe" driver and he'll be the safe and slow one. These units do not record the lights as you travel through them.

      Oh, and for those wondering, the bad driver is my father, and he finally gave up driving a few years ago.

    75. Re:I like it. by Anonymous Coward · · Score: 0

      Alternativally, the Blackbox can be like onstar; a GPS with an integrated Cell Phone and Car Data Recorder. It wouldn't be the first time this government has made deals with manufacturers to install equipment for taxation purposes.

      What happens if they just don't turn it off?

      Prooving Innocence/Guilt is one use; the other use is allowing the state to screw over whoever they want, whenever they want. And considering a government is nothing more than a business providing a service at the barrel of a gun, you can only expect it to, over time, become a party of individuals with antisocial personality disorders justifying their plundering and murdering with the name of their organization as their service becomes intolerably poor. In the long run, though, all you've got to do is look around and you can tell which cars do and don't have these modules installed; The hoods aren't welded shut yet, which means mechanics can still peek inside. Additionally, I'd be willing to bet the're just that; modular, and therefor, removable.

    76. Re:I like it. by RevDobbs · · Score: 1
      FTA

      Oops. My mistake. However...

      And running a red light? That's what the red light cameras are for.

      Those things cause more accidents than they prevent, and are frequently mis-calibrated to on the side of "safety" (read: revenue generation).

    77. Re:I like it. by rkcallaghan · · Score: 1

      You got modded up for that for some reason, so I wanted to reply to you here and set it all straight for you. First of all "could result" doesn't mean "automatically result"; this is an important bit of understanding which most Americans fail. Also, if you are violating ANY traffic law, that's grounds for denying your claim. Read your fine print. It has just been that in the past, without the black box, speeding was a traffic violation that was impossible to determine after you've already come to a grinding halt from the crash. With the EDR, that is going to change, and you can bet the insurance companies will forum shop for a favorable ruling if necessary -- doing so would mean they would almost never have to pay out.

      ~Rebecca

    78. Re:I like it. by Volante3192 · · Score: 1

      Well, the red light part was supposed to be a joke (surveying the surveillance is the answer); I'm not very good at those usually. Anyway, enjoy the recorders where they're at for now...

      Only terrorists refuse to wear embedded GPS tracking monitors!

    79. Re:I like it. by Reziac · · Score: 1

      I swear today's highway engineers never drive on their creations... here in California, a common mistake is that the passing lane on hills is at the TOP of the hill -- after you've already spent the past nn-miles crawling uphill behind stuff. And of course whatever was previously going too slow then accelerates at the crest so you can't get around 'em... rinse and repeat for the next hill. Which in turn encourages unsafe passing on uphill slopes.

      Everywhere else in the sane world, they put the passing lanes along the uphill slope, where they'll let you actually maintain your speed as you go uphill. But not here!!

      Oh, and they bank curves the wrong way here too. I've seen that so consistently in California (but never elsewhere) that I began wondering if it's done on purpose, as some sort of "speed control". Of course all that really happens is that when the road is wet, people slip more on curves than is needful/safe.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    80. Re:I like it. by Reziac · · Score: 1

      Wasn't that a cool post to read? Carriageways and lorries... gives the language a sense of character that is lacking in much of American English.

      [tagline] "I am your father's brother's nephew's cousin's former roommate".... in Real Life, my dentist is my mom's sister's husband's sister's husband's shirttail cousin, from 4 states away. :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    81. Re:I like it. by pete6677 · · Score: 1

      Somebody is violating a traffic law in just about every accident. If this were grounds for insurance denial, they would never have to pay a claim. If you believe otherwise, please cite a relevant law or perhaps copy and paste the fine print of an insurance policy. It's sure as hell not in my policy, or any other that I've seen.

    82. Re:I like it. by rkcallaghan · · Score: 1

      Somebody is violating a traffic law in just about every accident. If this were grounds for insurance denial, they would never have to pay a claim.

      Once again, unfortunately, you are incorrect. Your insurance would still have to pay your claim when the other driver committed the violation.

      As I said before, in a majority of the cases it is simply impossible to prove you were violating any traffic laws, so even if you were speeding, you still get away with it. I did try to find some online copies of insurance documents, as you requested.

      Interestingly enough, I was unable to find any company which publically displayed their full policy documents. My own documents are in a safe box at a bank, which I am not going to retrieve just for a Slashdot discussion.

      You may be familiar with the term "at-fault", or "partially at-fault". These are the terms that get applied to you when you are involved in an accident in which it is provable that you committed a traffic violation. Unless you have "no fault" coverage; being at fault or partially at-fault will result in your claim being denied or only a partial payment dispersed. I congratulate you on both having a no-fault policy, and never having read any other policies. However, if you want the final answer on this, I invite you to call your insurance agent, and ask him if you didn't have a no-fault policy, how much of your policy you would recieve payout from if you were at-fault or partially at-fault. When he stumbles and tries to break the bad news to you that being partially at-fault or worse can reduce your coverage payouts; then ask him if you can become at-fault or partially at-fault by being verifiably in the process of a traffic violation when the accident occurs. The answer will most definately be YES. Remember however, as you have mentioned you have a no-fault policy, your policy is much different from the typical comprehensive coverage that most consumers have. No-fault policies were specifically created to relieve this issue -- people don't want to have to worry about whether they are going to get screwed over a minor violation. No-fault policies typically carry a higher price for that luxury.

      ~Rebecca

    83. Re:I like it. by pete6677 · · Score: 1

      You're talking about violations that contribute to the accident. I never disputed that someone could be found partially responsible for an accident if they did something that contributed to it. However, if you're going through a green light at 10 MPH over the speed limit and I come through the other side of the intersection on a red light but driving at the speed limit, the accident is 100% my fault. The fact that you were speeding did not contribute to the accident and thus could not be used against you to find you partially at fault.

    84. Re:I like it. by rkcallaghan · · Score: 1

      The fact that you were speeding did not contribute to the accident ...

      You are correct, and this is indeed half of the point of my original example. The difference is however, regardless of how little (even 0) impact minor speeding may be; please remember we are in a thread about EDRs and the poor picture they paint. When it comes accident time, even red-light running can turn in to "he-said/she-said"; and when that happens, the minor speeder looks bad according to data available to the EDR, and the red-light runner looks clean.

      We have all heard (or experienced) the customer service classic tale. A sales rep promises you an amazing deal, which includes the london bridge and water on the moon. A month later you get a package of manure; and a bill for twice what you expected. When you call to complain, the new agent adamantly insists you were not promised such things; he has the records right there, and they don't show any calls. A cursory look at how other industries have responded to machine recording with incomplete data shows in each case, the machine has come to be seen as "infallible". This no doubt comes at least in part from the fact that it makes an easy case to cover your ass.

      Well boss, there were no witnesses, and both parties swore the light was green and it was the other guy's fault. I checked the EDRs and Party A was speeding at the time, and Party B appeared to be driving in a straight line at 2mph under. I declared Party A partially at-fault and only awarded them half of their policy.

      Shit, he'd probably get a kudos for that one.

      ~Rebecca

  3. Good move... by ral315 · · Score: 2, Informative

    But what happens when all cars have black boxes, and there's no way to avoid buying a new car with one in it?

    1. Re:Good move... by peragrin · · Score: 1

      black boxes are designed to be removed, like removable hard drives. Just unplug it. I won't. as having it plugged in would be a bonus. As long as the data stays on the device until an accident. As it can't be used against you when you go for your annual car inspections(for the areas in which that applies).

      --
      i thought once I was found, but it was only a dream.
    2. Re:Good move... by Digital+Vomit · · Score: 1

      Then only outlaws will have cars without blackboxes, or something like that?

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    3. Re:Good move... by JonTurner · · Score: 1

      >>black boxes are designed to be removed, like removable hard drives. Just unplug it.

      And because it will almost certainly be integrated into your car's engine management system your car will be reduced to being a fancy pushcart.

      FYI, in all states that I'm aware which requre exhaust emissions tests, they require that the engine computer download it's cache of "check codes" and interacting "normally" with the test computer via the OBD (on board diagnostics) interface. Don't kjnow the format... Challenge/response? Simple handshake? who knows, but "failing to react properly" = "your car fails the test" = fix it soon or pay a fine.

    4. Re:Good move... by Raul654 · · Score: 1

      But, as some people have found out, it can be subpoenaed by someone suing you and used against you in court.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    5. Re:Good move... by teslar · · Score: 1

      Well, then I guess European imports in crates marked "spares" would become very popular :)

    6. Re:Good move... by taylork · · Score: 1

      All cars already have black boxes! "Black box" is a term to mean recorded data on any ECU like velocity during a crash, was seat belt on during a crash etc, not a physical box that just collects data and does nothing else.

    7. Re:Good move... by gsn · · Score: 1
      from TFA

      The devices are virtually impossible to disable because their functioning is so tightly integrated with vehicle safety systems such as airbags and anti-lock brakes.


      No I like this idea. I'm not too worried about your privacy because with the EDR the system is passive - it just records your driving information - a CCTV on the road would do the same. If I may herald a guess as to the future

      We have cars that park themselves.
      Next innovation - monitor driving and in case of rash driving, disable driver control, have computer take over control of car and safely park car, disable engine and send out automatic alert identifying exactly where you are because your car now also comes with standard GPS. Same technology is great at preventing car thieves.

      Eventually, just have a computer drive the car because again its safer for every involved. I remember seeing an article recently about how a computer could control a car at high speeds much better than any human can. If you love driving my favored compromise is you get to control the car below the speed limit with the system passively monitoring and ready to intervene should it sense a threat and have the computer control it above the speed limit when its safe to speed. You could even have wireless between cars to transmit data on traffic and road conditions ahead.

      I like all of the above because they could drastically reduce the number of accidents and make car insurance completely uneeded.

      All of the above tech is passive and only interfere when you are driving recklessly. So yes driving becomes less thrilling for you with the flip side of you and I are more safe. Systems like this and the fact that computers have system logs and cell phones have usage records could potentially deal with poster rkcallaghan's point about the shortcomings of EDR.

      Nothing is foolproof and you could I suppose build your own car from scratch to circumvent this system. You'd still probably have a few accidents because someone ran/biked in front of a very fast moving car and the elctronics worked but simply couldn't beat the vehicles inertia. Better than nothing though.
      --
      Reality must take precedence over public relations, for nature cannot be fooled.
    8. Re:Good move... by Anonymous Coward · · Score: 0

      I am not a mechanic, but I do know quite a few. I would guess the format is something like, 'send command, dump all trouble codes'. They want to see if the emmision systems have detected misfires, rich or lean mixture, etc. (all things that would trigger the check engine light)

      The only other thing the OBD does is constantly send the data it's monitoring to whatever's plugged into it. This includes a lot more detail than you'd think. Nothing like lateral acceleration or steering wheel position as far as I know. Speed may be included, though it could probably be calculated from RPM and what gear is engaged at the time (both of which I know are included)

    9. Re:Good move... by Frank+T.+Lofaro+Jr. · · Score: 1

      Perhaps pull the fuse.

      If there is no separate one, perhaps pulling the anti-lock brake and air bag fuses would work.

      You'd still have normal brakes, you'd lose ABS and air bags, but if as the article says and it is tightly integrated with the above, pulling those fuses may work. No power = no data.

      --
      Just because it CAN be done, doesn't mean it should!
    10. Re:Good move... by Lance_Denmark · · Score: 1

      " So yes driving becomes less thrilling for you with the flip side of you and I are more safe. " What a fucking homo!

    11. Re:Good move... by Anonymous Coward · · Score: 0

      Except on mine, which it cannot get the gear.

    12. Re:Good move... by Anonymous Coward · · Score: 0

      Do what I did, don't buy any more new cars! I know my 1973 VW doesn't have anything remotely resembling a black box, or an onboard computer. Parts, repairs, insurance and registration are cheap and the payments ($0) are even better. As far as safety..err.. not too good, but I know this and am therefore a much more defensive driver.

    13. Re:Good move... by Oxyrubber · · Score: 1

      The parent does make some valid points, but I strongly disagree with the following:

      I like all of the above because they could drastically reduce the number of accidents and make car insurance completely uneeded.

      If all new cars are equipped with high-tech safety/monitoring equipment, it will not drastically affect the way people drive across the board. Quite a few cards have a form of black box installed in their cars already. Has there been a noticeable trend to safer driving in the last two years? Consciously (when they are lucid and sober), people might drive better, but it does not affect how people think when they are tipsy/drunk/sleepy. Those drivers always cause the most damage. Insurance will change as the total cost to pay out claims decreases, not when people realize that there is some hidden box in their car. While this may reduce the premiums for new car insurance (in the long run), it will not change the premiums for existing cars without black boxes.

      All of the above tech is passive and only interfere when you are driving recklessly.

      The box will never "interfere" with you. It can't really help you, unless you are charged with something like "wreckless endangerment" and it somehow miraculously proves that you were not breaking the speed limit. Failure analysis and forensic science already can do these, they simply cost (much) more and take longer to analyze. My fear is that investigators will skip the forensics once black boxes are standard and we will have no choice but to assume that the black box is completely accurate. I am a (skeptical) programmer, so I assume that nothing is absolutely accurate and that nothing is failproof.

      So yes driving becomes less thrilling for you with the flip side of you and I are more safe. Systems like this and the fact that computers have system logs and cell phones have usage records could potentially deal with poster rkcallaghan's point about the shortcomings of EDR.

      We are only more safe IF drivers become better drivers through the use of this technology. History shows that Americans like their cars and don't like the goverment telling them to drive safer. Funny statistic: 80+% of all Americans think they drive better than half of the driving population. Changing this statistic will make the population safer on the road, not putting evidence collectors in all new cars.

      Nothing is foolproof and you could I suppose build your own car from scratch to circumvent this system. You'd still probably have a few accidents because someone ran/biked in front of a very fast moving car and the elctronics worked but simply couldn't beat the vehicles inertia. Better than nothing though.

      You are obviously overthinking it with the "build your own car from scratch". Buy a used car. 15 years ago, an ECU wasn't available in most any car. 35 years ago, smog emissions equipment wasn't available. 70 years ago sealt belts weren't required. Until every low-tech car is off the road, there will still be ways to circumvent this.

      The biggest problem I see is that you can't easily turn off a black box. Car manufacturers go to great pains to keep the information about the black boxes very tight-lipped. Very few companies can reverse engineer ECUs (only Dinan comes to mind), so finding equipment that will be able to disable features of the black box without fully disabling the ECU. If you try to wipe its storage after-the-fact, you are guilty of destroying evidence. If you try and disable it ahead of time, you could potentially face charges along the lines of "wreckless endangerment" unless you can prove that the disabling did not affect the reliability of the car's ECU. If you can't replace it and you can't disable it, you are essentially buying evidence against yourself. I would prefer to use the 5th Ammendment (do those "Ammendment" thingies still work for us the

      --
      "If God had wanted us to vote, he would have given us candidates." - Jay Leno
    14. Re:Good move... by Anonymous Coward · · Score: 0

      If all manufacturers cars are required to have this, I guess I'll just have to redesign a Model-T.

    15. Re:Good move... by gsn · · Score: 1

      Oxyrubber I was not referring to the box/EDR and the engine controller - I was *speculating* that some technology that could passivley monitor your driving and actively take control of the entire car when it detected erratic driving - a driving control unit/DCU - if you could make such technology reliable enough it would reduce/eliminate insurance payments because your erratic drving would be a risk mitigated by reliable technology. I do not think we have the technology to do this yet. At the beginning of the 20th century we did not have powered, heavier than air flight either. Its just a matter or time.

      Yes I agree with you that people don't like telling them to drive better and like losing control of their car to a computer even less (a look at Lance_Denamrk's post will reassure you of that) - from a technology POV if you can mitigate the risk posed by bad drivers with a DCU - again not EDR/ECU - then like it or not such technology will probably be legislated into cars. Thats why I speculated that the technology would perhaps be designed in such a way as to leave you in control of your car while you are obeying the speed limit and take control above it or if you are drving erratically. Certainly its not entirely terrible and you can imagine something driving your car for you to be very useful on a long trip.

      Yes you are right I was overthinking it with respect to the building your own car and you could certainly buy used cars - for a time. Eventually its going to be very hard to avoid technology like this though.

      Yes you are right that we have little to no recourse to fight the data given by the black box at present and you are right that if the callibration is off then you are in trouble if you have an accident. One would hope that a check of the sensors after you have a collision would be standard and a periodic check on their callibration say every year also be standard. This is an engineering problem though and again its a matter of time. One would hope they'd put redundant sensors in as well. Yes you are right that there are privacy concerns because any DCU would probably need some sort of GPS and thats information thats just begging to be tracked if you use some service like onStar (aren't stand alone GPS units not nearly as much a risk) - if anything this, the recent AOL brouhaha, the EA privacy policy disaster and X other things is telling us that we need some sort of new law about data retention.

      Essentially I am claiming that given time and the development of technology people will lose the level of control over their cars that they previously had - wether they like it or not - because technology will eventually do a better job of driving their car than they can. I'm also putting my karma out there despite the Lance_Denmark's of the world to claim this is not necessarily a bad thing.

      --
      Reality must take precedence over public relations, for nature cannot be fooled.
    16. Re:Good move... by BillX · · Score: 1

      Rather than add yet another expensive piece of hardened electronics, this logging would almost certainly be built in as just another loop running on the existing engine computer (running the engine stuff [air/fuel mix, etc.] and the OBD interface)...even if you somehow got your engine to function without an ECU, in many states you can only drive it like that for maybe about a year until an emissions inspection comes up...for cars manufactured after 1996 when OBD-II became a requirement in the US, a connection to the OBD-II system (rather than a "tailpipe test") to ascertain the functionality of your car's emission-control systems determines whether you pass the emissions test. A missing or non-functional OBD-II port would be immediate grounds for failure.

      Needless to say, any attempt to "fake out" the test with a bogus OBD-II port driven by your own microcontroller hidden in the dash would almost certainly land you in deep doodoo (fraud, or tampering with evidence, or some other nasty set of charges...those guys have no sense of humor). Unless your fake OBD microcontroller is actually connected to the engine sensors and functioning close to the real thing, that would be a pretty easy thing to catch. ("Hey, we just romped on the gas and the oxygen reading hasn't changed! Hmmm...")

      --
      Caveat Emptor is not a business model.
  4. A Better System by Digital+Vomit · · Score: 3, Interesting

    What also needs to happen, in addition to informing the buyer of the existence of such a recording device in a car, is to have the buyer decide whether or not such a device should be disabled/removed before purchase at no extra cost or liability to the buyer.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    1. Re:A Better System by OmniBeing · · Score: 0
      I tried that approach with ABS on my 2006 Fusion. The dealer refused to disable it, said I had to get it done after sale by a non-dealership mechanic, which would probably affect my warranty.

      Realistically, I don't think having the black box disabled will be an option, especially if it's a government mandated "feature" and not an industry pr "feature"

      --
      - The Google Toolbar has a spell checker button AND it works, consider that before hitting submit next time k?
    2. Re:A Better System by NETHED · · Score: 1

      ABS is very useful, maybe not to you, but what about your friend, who is driving your car. He's not as good of a driver as you, and he doens't know that you need to pump the brakes to stop during an emergency.

      Removing a safety feature like ABS, traction control, or airbags permanently is a dumb thing to do. Those options are there to help the general public be safer in thier cars. The accident rate may not be going down, but the number of cars on the road is at an all time high, and still climbing. So either A.) drivers are getting better (HA! HA HA HA HA), or B.) cars are safer and easier to drive thanks to technology.

      Reconsider removing ABS or other safety features. (And reconsider getting a FORD!)

      --
      --sig fault--
    3. Re:A Better System by Associate · · Score: 1

      The benefits of ABS are dubious at best. But most people wouldn't know that their car had ABS if it weren't for it being listed as a feature.

      --
      Someone hates these cans.
    4. Re:A Better System by pizpot · · Score: 1

      What also needs to happen...

      What I need is a way to limit my speed. Now I use the cruise control so I don't get dinged by red-light cameras but that is hard to do with traffic. ;-) I would just love it if I could set a dial to 50 or 70 and the car would not go more than that unless I dial it faster incase I am being carjacked or racing on private property. The speed limit dial should account for winter driving if possible although you can't really speed here in Canada in winter as the roads are ice anyways.

      Come on, how many hundreds of auto engineers are reading this. Come on, design it.

    5. Re:A Better System by ColaMan · · Score: 1

      What, you mean like the speed limiter on my car fitted as standard, which lets me pick any speed I like and will throttle off when I reach it?

      They've been around for more than a few years now - go buy a better car :-P

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    6. Re:A Better System by pizpot · · Score: 1

      What, you mean like the speed limiter on my car fitted as standard, which lets me pick any speed I like and will throttle off when I reach it?

      They've been around for more than a few years now - go buy a better car :-P


      Yes exactly like that. Thank you for the link. My 2004 mpv and 2002 accord don't have that. I had a Peugeot bicycle once. I know my wife wouldn't sign off on one now though as she grew up in the 70's or 80's with one as a family car. She said they were always driving in to the city to drop the car at the dealership. ;-)

    7. Re:A Better System by ColaMan · · Score: 1

      To be honest, you're probably more likely to find one standard in a European car than in a Asian or American car. Also the engines need to have electronic throttles for the smoooothest speed limiters, so generally it's diesels and fairly-upmarket cars that have them.

      But I can attest that it's very handy to have - dial up the speed limit and then just plonk your foot somewhere on the accelerator and it will stay active until the ignition is turned off. On my car there's a detent a little bit past full throttle that overrides the speed limiter, so if you need to you can "unlatch" it temporarily just by putting your foot all the way down - it won't switch back on until you drop below the set limit again.

      And there's nothing wrong with Peugeots - except for the whole insufferably snooty French thing. But the French do make nice cars - and as for standard features, they blow away anything in a similar price range here in Australia.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    8. Re:A Better System by OmniBeing · · Score: 1

      I opted for a manual transmission, better gas mileage, not to many of my friends can get it out of the parking lot let alone into a collision. Threshold breaking is a lot more effective, and there are situations where locking the wheels is very handy. That's how I was trained, and how I've driven for the last 10 years. Adding this ABS crap into the picture changes my emergency breaking techniques and gives less control.

      --
      - The Google Toolbar has a spell checker button AND it works, consider that before hitting submit next time k?
  5. Changes nothing ... by AHumbleOpinion · · Score: 2, Insightful

    This changes nothing. Try to get car insurance without agreeing to give your insurance company access on demand.

  6. Renters? by binarybum · · Score: 1

    Anyone know if this information will be required to be disclosed to vehicle renters?

    --
    ôó
    1. Re:Renters? by AHumbleOpinion · · Score: 2, Insightful

      Anyone know if this information will be required to be disclosed to vehicle renters?

      The presence of the recorder will be disclosed in the fine print you don't read. Duh. :-)

      The "telemetry" of your drive will be disclosed to the rental car company (the car's owner - seems fair) in preparation for computing you bill.

    2. Re:Renters? by Ucklak · · Score: 1

      As we all now that car rental companies have used GPS to fine renters of speeding.

      This happened in Hawaii as well as I was down there in 2001 and had to acknowledge that I would get fined if I sped.
      http://www.usatoday.com/tech/news/2001-07-03-car-t racking.htm

      http://www.newmassmedia.com/nac.phtml?code=new&db= nac_fea&ref=16435

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    3. Re:Renters? by Oxyrubber · · Score: 1

      IDK about how the black box / collision issues affect renters, but I have read a few stories about car rentals equipped with GPS that was used for nefarious purposes (blackmail, loss of employment, etc.) by private detectives when the renters claim they didn't know the car was being monitored/tracked by GPS.

      --
      "If God had wanted us to vote, he would have given us candidates." - Jay Leno
    4. Re:Renters? by Associate · · Score: 1

      As I mentioned in a previous post, rental car agencies can't fine you for speeding. This was probably ruled back in 2001 when it first started happening. The precident says they can't because they are not a law enforcement entity.

      --
      Someone hates these cans.
    5. Re:Renters? by AHumbleOpinion · · Score: 1

      As I mentioned in a previous post, rental car agencies can't fine you for speeding. This was probably ruled back in 2001 when it first started happening. The precident says they can't because they are not a law enforcement entity.

      It won't be a fine. It will be well worded elements of a contract, perhaps a discount for slower driving.

  7. another new law by Balthisar · · Score: 5, Interesting

    Do we ALSO need a law to indicate that it's illegal to remove my own property from the car and then destroy that property if I'm in an accident? Imagining that it's my fault, that is. It's not evidence of a crime, unless I intentionally caused the accident.

    Are police just entitled to come along and remove it from my car without my permission now? Do they have to ask?

    --
    --Jim (me)
    1. Re:another new law by Anonymous Coward · · Score: 1, Insightful

      You can remove the blackbox from your car and destroy it. It's your property. Just as you can remove your taillights and turn signals. Whether or not you can legally *drive* the vehicle after having removed those items is another story.

    2. Re:another new law by jchernia · · Score: 1

      Whether or not you or the other party intended to cause the accident, a crime has occured (most likely a misdemeanor like speeding, or failure to yield). Your black box could be evidence of *their* crime as much as yours. Since this is exactly the reason you want to destroy the black box, most likely there is already a law that you must not destroy it (ie destruction of evidence/obstruction of justice).

    3. Re:another new law by abscondment · · Score: 2, Insightful

      If the data in your black box are important, the police will obtain them without your permission in the same way they would obtain the car itself: a search warrant.

      Just because it's "yours" doesn't preclude their obtaining access to it. The data may considered evidence relating to a crime; an accident will involve some form of citation for breaking an obscure traffic law, even if fault is not readily apparent. The data in your box could be considered pertinent, even though the argument for their pertinence appears weak. If you're under investigation for something like vehicular homicide, the police will obtain access to your car and its contents, including the box in question.

      You're always safer if no record is made than if the record exists but is "protected".

    4. Re:another new law by OmniBeing · · Score: 1

      You can, if you want to drive with hand signals and during the day time. Hand signals are perfectly legal, I also rear ended a guy who stopped and was making a right hand turn, took me a second to realize that his lights weren't working.

      --
      - The Google Toolbar has a spell checker button AND it works, consider that before hitting submit next time k?
    5. Re:another new law by ScrewMaster · · Score: 1

      And that's why, immediately after purchase of the vehicle, a clip lead should be briefly applied between the black box and the ignition coil.

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:another new law by zippthorne · · Score: 1

      Yes, you should definately do this if you're planning on being criminally at fault in an accident.

      I understand why people might be reluctant to have such a device, but the possibility that it might be used as evidence against you in a case where you have committed a crime is silly. Privacy rights are not supposed to keep you from getting cought committing crimes.

      "If you have nothing to hide, you shouldn't be worried" is just as bad of a justification as, "If you have something to hide, you should be able to."

      --
      Can you be Even More Awesome?!
    7. Re:another new law by TubeSteak · · Score: 1

      You're assuming that the police need to ask your permission to nab this data.

      Right now, AFAIK, nobody ever gets their hands on this data except in situations where the Insurance Company is in control of your car.

      That is why we only hear about the black box in relation to serious car accidents, where the car is totalled and (because you're making an insurance claim) is now the property of the Insurance Company.

      I agree with everything the parent says, especially the conclusion.

      P.S. I thought that Asian Imports were EDR free, but this article says otherwise, with a quote out of a 2005 Toyota's manual.

      --
      [Fuck Beta]
      o0t!
    8. Re:another new law by GooberToo · · Score: 1

      Filing a claim does not make it the property of the insurance company. Agreeing to surrending the car for it to be totaled is completely different than making a simple claim.

    9. Re:another new law by Dare+nMc · · Score: 1
      It's not evidence of a crime, unless I intentionally caused the accident.


      or if someone could show that you engaged in some behavior, which society has an interest in preventing.

      So if you broke a law, and leading up to breaking that law you took any avoidable action that would have within reason caused you to break that law...

      I think their would be a strong argument that you couldn't legaly destroy the box, after the moment you knew that your vehicle caused property damage, or injury. So the moment you opened your car door, or looked out the window. But while your face was still stuck to the air bag, sure.
    10. Re:another new law by Dare+nMc · · Score: 1
      Privacy rights are not supposed to keep you from getting cought committing crimes.

      I disagree,
      The Fifth Amendment to the United States Constitution includes the text:

              No person shall be ... compelled in any criminal case to be a witness against himself
    11. Re:another new law by triffid_98 · · Score: 1
      Actually, the police don't need a search warrant to search your car during routine traffic stops. I would presume any officers at the scene of an accident would have a similar exclusion. It's currently 50 state legal to run an aftermarket ECU (engine control unit), something tells me it won't remain so for long.

      If the data in your black box are important, the police will obtain them without your permission in the same way they would obtain the car itself: a search warrant.
    12. Re:another new law by ScrewMaster · · Score: 1

      ... but the possibility that it might be used as evidence against you in a case where you have committed a crime is silly.

      Dude, it's already happened using the limited diagnostic capability of the existing OBDII devices (talk about your law of unintended consequences.) I could cite some of the examples I've read about but I'm sure you can Google them quite nicely for yourself. The sophistication of the next generation of black boxes (and the expanded storage of location data combined with GPS) makes them downright scary from a privacy perspective. You're talking about the post-9/11 United States, remember. This is not George Bush Sr's "Kindler, Gentler America".

      Privacy rights are not supposed to keep you from getting cought committing crimes.

      Of course they are, among other things. That's why we are talking about rights, not privileges. Governments always have the ability to eradicate personal privacy if they need to: the question is under what conditions they are permitted to so abuse their citizens. If the U.S. government's minions want to break down your privacy, they have traditionally had to go through specific legal procedures in order to do so, and furthermore must have good reason to believe you committed a crime before they invade your privacy! Worse, in this case we are talking about personal property being used in a manner inconsistent with the wishes of the owner of said property. That's just wrong. The essence of ownership is control, if the government controls my property to that extent then I don't really own it. It's particularly bad if we are forced, under penalty of law, to have such a device installed in our vehicles whether we want it or not. We're already forced to have insurance in many states, which means we're already paying for the privilege of totalling out our cars. I see no reason to provide insurance companies even more ammunition to avoid a payout, and law enforcement even more ability than it already has to monitor my movements and my whereabouts. In either case, it really is simply NONE OF THEIR BUSINESS unless the individual chooses to make it their business, or has done something to warrant a criminal investigation.

      Attitutes like yours are, I'm afraid, making a very unpleasant bed for all of us to lie in.

      --
      The higher the technology, the sharper that two-edged sword.
    13. Re:another new law by terrymr · · Score: 1

      Most traffic tickets are for civil infractions and not crimes unless you do it with malicious intent.

    14. Re:another new law by Wiseleo · · Score: 1

      HELL NO!

      The do NOT have the right to search your car during a routine stop. Exception - illicit items in plain view.

      --
      Leonid S. Knyshov
      Find me on Quora :)
    15. Re:another new law by NMerriam · · Score: 1

      You can, if you want to drive with hand signals and during the day time. Hand signals are perfectly legal, I also rear ended a guy who stopped and was making a right hand turn, took me a second to realize that his lights weren't working.

      In the vast majority of states, if the car came with turn signals as original equipment, then they must be functioning for it to be street legal. But yes, in the daytime you could certainly use hand signals in lieu of your functioning signals if you decided to.

      --
      Recursive: Adj. See Recursive.
    16. Re:another new law by IronChef · · Score: 1

      Do we ALSO need a law to indicate that it's illegal to remove my own property from the car and then destroy that property if I'm in an accident?

      Man, I wish I could find the article now to back this up... Anyway, there was a case where some guy removed or destroyed his car's "black box" after an accident and he was charged with obstruction or something like that. (I read it on the internets so it must be true.)

      I think "They" can nail you for destroying material evidence, or something that might be, whether it comes in a black box or not.

      Are police just entitled to come along and remove it from my car without my permission now? Do they have to ask?

      Now, they probably can't. In a few years? I expect the worst.

    17. Re:another new law by abscondment · · Score: 1

      Sure, but they can "smell" marijuana, or copious amounts of alcohol and be allowed search simply on the basis of that "hunch".

    18. Re:another new law by Reziac · · Score: 1

      Using small words appropriate for the electronically-challenged, what does that do?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    19. Re:another new law by ScrewMaster · · Score: 1

      Well, about the best one-word description of the result would be "ZAP!"

      --
      The higher the technology, the sharper that two-edged sword.
    20. Re:another new law by ScrewMaster · · Score: 1

      Sure, but they'd best be prepared do deal with my attorney in court if it turns out they made it up.

      This is a little off-topic but does relate to vehicular surveillance. I was astonished to discover that in my state the cops are using high-gain microphones to eavesdrop on conversations in moving vehicles. If they hear a word they don't like (say, "pot") they simply pull you over. I know some people that got pulled over for discussing marijuana in their car, and had their vehicle searched. Searched, mind you, simply for saying the word. They were released without being ticketed, because it was pretty obvious that the police were simply looking for some successful test cases, which is the usual approach when trying to achieve general acceptance of some new extension of their authority. I understand that we don't have any expectation of privacy in a public place but ... this is starting to get completely out of hand. Courts have repeatedly refused to allow police to apply warrantless high-tech surveillance (infrared imaging and remote mikes) to private residences, but if one can't carry on a "private" conversation in a car at speed on the highway then the true police state just got a notch closer. I simply do not want some cop deciding that he doesn't like my tone, or the topic of my conversation, pulling me over and searching my car.

      I'd like to know just how well an pink noise generator (or some other technique) would work to mask their ability to eavesdrop. Matter of fact, it might be interesting to mount transducers to the windows and apply a noise source so that the windows themselves will mask it.

      --
      The higher the technology, the sharper that two-edged sword.
    21. Re:another new law by Reziac · · Score: 1

      [car goes BLAT!! and jumps backward like it's touched an electric fence]

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  8. I understand why regs take so long, usually. by Vengeance · · Score: 2, Insightful

    After all, the life cycle of a car, beginning with design, is just plain long. They can't just mandate that beginning tomorrow, every car made will have 'future technology 1' embedded. Fine, that makes sense.

    But if this is just about notifying buyers, it should be immediate. There's no need to give GM five years to get out a dealer bulletin and some stickers for the owners manuals.

    --
    It was a joke! When you give me that look it was a joke.
    1. Re:I understand why regs take so long, usually. by gral · · Score: 1

      I agree. This was my first thought about this as well. 2011 that is just insane. How about January 2007? It gives them ~6 months. I would hope the car manufactures have better comunication in case of a recall or something.

      --
      Scott Carr
  9. Hysterical over nothing, data doesn't leave car by AHumbleOpinion · · Score: 2, Insightful

    5 years of collecting any kind of data we want, without telling anyone!

    If the data is a loop of recent events and data is not leaving your car how are they watching you?

    1. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 2, Informative

      Because in the event of an accident the police can easily download the events off the black box and use it against you in court. It's happened several times already.

    2. Re:Hysterical over nothing, data doesn't leave car by AHumbleOpinion · · Score: 4, Insightful

      ""5 years of collecting any kind of data we want, without telling anyone!""

      "If the data is a loop of recent events and data is not leaving your car how are they watching you?"

      Because in the event of an accident the police can easily download the events off the black box and use it against you in court. It's happened several times already.


      That's not the collecting 5 years of data. the statement that I questioned. Secondly, I bet you are being told if the police are touching your vehicle. Alternatively your insurance company may have right to the data and they may turn it over, but you had agreed to that, so you were told. My question stands.

    3. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 2, Informative

      Technically once the vehicle is totaled it becomes property of the insurance company and they need no such authorization from the owner. Your permission is NOT needed for them to collect the data.

    4. Re:Hysterical over nothing, data doesn't leave car by z0I!) · · Score: 2, Insightful

      I didn't mean 5 years worth of data, but rather that there is a period of 5 years during which car companies can record any kind of data about the car/driver that they want, and they don't have to tell you about it. Although the article suggest only a few seconds (minutes?) before a crash a recorded, this isn't absolutely clear. And since there are no regulations now, there is nothing stopping companies from performing more invasive logging. As other posts mention, a car mechanic could potentially access this data and give it to anyone. Whether this is good or bad can be left up to our imaginations.

    5. Re:Hysterical over nothing, data doesn't leave car by o-hayo · · Score: 1
      If the data is a loop of recent events and data is not leaving your car how are they watching you?
      Ya. Suuuuuure its not leaving the car.
      [...begins work on constructing a Faraday cage for his new car.]
    6. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 5, Funny

      The data is my intellectual property. Their copying it violates my copyright. Even the insurance companies are scared of the DMCA.

    7. Re:Hysterical over nothing, data doesn't leave car by JonWan · · Score: 3, Informative

      Not until I agree to the insurance payoff and sign it over, it's mine until then.

      Been there and done that one.

    8. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 0
      As other posts mention, a car mechanic could potentially access this data and give it to anyone

      There have already been several incidents of electronic records being used to deny warranties under the "abuse/racing" clauses. Personally, if you're racing your car you should have no expectation of your warranty being honored, but:

      1) Not all the data is only a few minutes old
      2) Folks have plenty of opportunity to get at that data

    9. Re:Hysterical over nothing, data doesn't leave car by Loconut1389 · · Score: 4, Interesting

      while totally irrelevant, it lead to an interesting thought... the data in the recorder is a unique pattern generated by the drivers purposeful actions- eg the data was explicitly designed by the driver and therefore is automatically copyrighted on their behalf..

      now perhaps that wouldn't fly in court, but it's an interesting thought.

    10. Re:Hysterical over nothing, data doesn't leave car by mnemonic_ · · Score: 1

      And that is how the data should be used

    11. Re:Hysterical over nothing, data doesn't leave car by greg_barton · · Score: 1
      If the data is a loop of recent events and data is not leaving your car how are they watching you?

      Does it have write only memory? If the answer is "no" then they can watch you.
    12. Re:Hysterical over nothing, data doesn't leave car by aichpvee · · Score: 1

      Who cares if you have to be told if you don't have a choice about it? Don't want to let your insurance company read the data your car is record? Too bad, no insurance for you. Don't want a car without a recorder? Too bad, there aren't any without it to buy. But oh it's ok because you were told it was onboard!

      The five years of data statement, since you seem to be unable to comprehend what you read, is referencing that these requirements to inform car buyers that their new vehicle will be spying on them don't take effect for 5 years. Until that time car manufacturers are perfectly free to install these things without notifying you.

      Of course as I already said, it doesn't matter since by then you won't be able to buy a new car that doesn't have one. So the only options are to disable it (probably voids your warranty and likely will be illegal by 2011), continue to drive increasingly old cars as your previous one dies, or not drive at all.

      --
      The Farewell Tour II
    13. Re:Hysterical over nothing, data doesn't leave car by StikyPad · · Score: 1

      If they don't tell you about it, how do you know?

    14. Re:Hysterical over nothing, data doesn't leave car by everett · · Score: 1

      However I can always void my warranty and rip the damn thing out.

      --
      Sig withheld to protect the innocent.
    15. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 0

      Got a bluetooth enabled car? Like the Acura TL?

    16. Re:Hysterical over nothing, data doesn't leave car by Pollardito · · Score: 1

      i don't think that argument would fly, but if it's a unique expression of the owner would it not also be self-incrimination?

    17. Re:Hysterical over nothing, data doesn't leave car by ColaMan · · Score: 1

      Well, you can rip it out, but your car will be useless since it's often incorporated into the engine computer.

      And besides, they use this data to help who was at fault. If you're not at fault, it also indicates that.
      If you're stationary at a red light and someone smacks into you and claims it was you that smacked into them, well the data suggests otherwise.

      If you *are* at fault, well take it like a man and admit it. Jeez.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    18. Re:Hysterical over nothing, data doesn't leave car by Tweekster · · Score: 1

      I would tell them no.

      They have no legal right to use the data inside of it.

      Siezure laws work in your favor...

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    19. Re:Hysterical over nothing, data doesn't leave car by topham · · Score: 1


      I'm sure that blackboxes on airplanes require specific auditing requirements and not just any hardware can be used for it.

      As for the boxes in cars, well, at this point the manufacturer is under no obligation to disclose circumstances in which the data may be meaningless, misleading, or worse.

      Now somebody has to explain to me why they require several years to inform customers. 2007, or 2008 would be quite reachable as target dates.

    20. Re:Hysterical over nothing, data doesn't leave car by nickull · · Score: 1

      There are two common ways. One is the manufacturer can download the data when the car is serviced. This could theoretically be used against you to invalidate your warranty ( "I am sorry Bob but we cannot replace your shock absorbers even though they are under warranty. Your Black Box told us you frequently get your vehicle airborn which invalidates the warranty."). While most responsible and reputable manufacturer's would probably not do this, they also may use it as data to help build better cars based on your habits. When you do get into an accident, if your can is written off, your insurance company will buy it from you for salvage. When they do this, they will settle but as part of the deal, they will receive the salvage rights to sell, use, own everything left in the car. The precedent has been set in Vancouver, BC that the data is part of that package by our evil monopolistic overlords of insurance - ICBC. Another possible scenario might be rental car agencies. Imagine something breaks on a car while you have it and they want to prove that you did it. If they can access the data recorder, they might be able to use that data against you. Arguably, the data is probably theirs anyways. Imagine if they had a rental car siezed under the patriot act and gathered all the data. How many speeding tickets can you get in one day?

      --
      "Question everything, including this!" - http://technoracle.blogspot.com/
    21. Re:Hysterical over nothing, data doesn't leave car by kimvette · · Score: 1
      Personally, if you're racing your car you should have no expectation of your warranty being honored


      So: Porsche, Corvette, Ferrari, and even lowly Rustang owners should forfeit their warranty if they use their vehicles in activities for which the vehicles are specifically designed - and advertised - for?

      Interesting.
      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    22. Re:Hysterical over nothing, data doesn't leave car by AHumbleOpinion · · Score: 1

      Don't want to let your insurance company read the data your car is record? Too bad, no insurance for you.

      Sure. Post a bond rather than get insurance, well at least in California where mandatory insurance requires one or the other, if you want to drive like a maniac. I don't want to pay more to subsidize your insurance, collectivism. And yes, driving like a maniac would probably be required for the insurance company to drop you. They would probably be perfectly happy with charging you a higher rate for the typical lapses, oaccasional speeding, etc. The "none of their business" argument is somewhat BS, you are asking them to put up "their" money as a "bond". As long as they only plug in for cause, when a citation is reported, an accident occurs, etc I think they are within their "fair use". Now if they require you to visit once a month for a plugin, well, that's just hysteria, ain't gonna happen. If nothing else competition and market forces will prevent it.

    23. Re:Hysterical over nothing, data doesn't leave car by sbaker · · Score: 2, Informative

      The MINI Cooper (for example - probably all BMW's are the same) has this data recorded in the engine management computer. It records a couple of minutes of typical 'black box' stuff - control inputs, wheel speed sensor outputs, etc - in a loop. Recording stops and the data is locked into non-erasable memory when the airbags deploy. The computer has only enough of this special memory for (I believe) three sets of data - so if you have three accidents that result in the airbags deploying, you have to replace the engine management computer.

      Since the data is there - and not easily erased - one presumes it could be subpoened in a court case if someone believed you lied about (for example) whether you were braking hard or accellerating hard immediately before the impact. They can trivially determine your speed and whether you were steering straight. Many cars contain accellerometers - you would imagine that would be recorded too. Still - it can't tell whether you were using your cellphone at the time...which is a shame really.

      The only way to prevent this stuff from being recorded would be to replace the engine management computer with something else - but in a modern car that's pretty much impossible - every aspect of the vehicle being tied together these days. (eg The radio in my MINI adjusts it's volume automatically depending on your speed and whether the windows and/or sunroof are open - so expect that if you swap out the computer, your radio and windows won't work anymore even if you somehow manage to get the engine running again).

      --
      www.sjbaker.org
    24. Re:Hysterical over nothing, data doesn't leave car by Associate · · Score: 1

      Yeah, the black box suggests otherwise. But so do witnesses, skid marks and other accident data. The black box only helps. It doesn't provide a full picture of what actually happened.

      --
      Someone hates these cans.
    25. Re:Hysterical over nothing, data doesn't leave car by Associate · · Score: 1

      I seriously doubt the police would get involved in a ticketing racket with the local rent-a-car. And since thanks to a court decision which I can't link to because it happened so long ago and I don't feel like searching for it, rental agencies can't legally charge you for speeding because they are not government agencies.

      --
      Someone hates these cans.
    26. Re:Hysterical over nothing, data doesn't leave car by jank1887 · · Score: 1

      actually, more likely they will offer an 'up-to-date reporting' discount. By coming in and reporting regularly (if the comp's maintain data , or peak data, etc. that long) you get a discount on your rate, as it gives them a more precise picture of your driving habits, and they can better determine their financial risk involved in putting their money behind you. Of course, they'll likely be more than happy to make an 'honest adjustment upward' based on the actual data revealed. I don't mind the idea as it's intended: provide useful information to the authorities/insurance to help corroborate accounts of the incident, where at fault parties often get creative with the truth...

    27. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 0

      Yes, and competition and market forces have prevented computer software from phoning home. The one thing you should never do is underestimate the stupidity and ignorance of the American people.

    28. Re:Hysterical over nothing, data doesn't leave car by AHumbleOpinion · · Score: 2, Insightful

      Yes, and competition and market forces have prevented computer software from phoning home. The one thing you should never do is underestimate the stupidity and ignorance of the American people.

      True, your post proves that. Unlike computer software packages, auto insurance companies are essentially interchangable and there is essentially no switching cost to the consumer. So they compete on service and perception, market forces work well under such circumstances.

    29. Re:Hysterical over nothing, data doesn't leave car by JesseMcDonald · · Score: 3, Interesting

      i don't think that argument would fly, but if it's a unique expression of the owner would it not also be self-incrimination?

      I would argue that any unpublished recording or document should be considered equivilent to the memory of the person who made it; just as one cannot be forced to testify against oneself (divulge one's memories as evidence against oneself), one should not be forced to divulge private (audio, video, data) recordings that one has made. Such will undoubtably become even more important as we begin to develop ever more effective electronic (and possibly cybernetic) aids to memory, and as our technology for decoding the neural patterns in the human mind improves.

      Perhaps one day we might discover a way to read a person's memory directly; will this technology be used to circumvent our laws against self-incrimination? What if the memories are encoded, not in human neural tissue, but rather in an electronic implant? Why should there be any difference? And if reading an electronic implant is considered self-recrimination, then why would an external memory device be any different? On the other hand, if one can subpoena the blackbox in the defendent's car, or the contents of the defendent's PDA or laptop, then what makes the defendent's biological memories special? Had we the technology, would it be right to submit the defendent's own memories as evidence? That would make a mockery of our laws against self-recrimination -- and yet we do the same today by seizing and entering into evidence the private documents and recordings of the defendant.

      No offence is truly committed when the defendant is demonstrated guilty, provided that the infringement of the defendant's rights does not exceed the crime itself. However, should the defendant not be demonstrated guilty, then the infringement is entirely unjustified, and those responsible should be open to countersuit by the (presumably innocent) former defendant. This would go a long way toward curbing abuse of power in carrying out justice -- as would the addition of a requirement that the prosecutor be the victim of the crime (or the victim's appointed representative, but not the government), with clear (though not necessarily precisely measurable) damage as the basis for restitution (and possibly retribution; this is rather more controversial).

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    30. Re:Hysterical over nothing, data doesn't leave car by LoRdTAW · · Score: 1

      The grandparent didn't specify a particular vehicle did he?

    31. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 0

      OnStar anyone?

      Never trust that nobody is watching you.

    32. Re:Hysterical over nothing, data doesn't leave car by fbjon · · Score: 1

      You'll be singing a different tune when someone smashes into your car.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    33. Re:Hysterical over nothing, data doesn't leave car by fbjon · · Score: 1

      Unless the car has a GPS, it's probably not easy to determine where the car has been (though you could do some magic with speed/turnings). And if you don't know for certain where the car has been, you can't know what the speed limit was in the first place. Even if the rental lot is in the middle of a city, the customer might have towed the car to a highway, or something. Without GPS: no go on speeding tickets.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    34. Re:Hysterical over nothing, data doesn't leave car by uncqual · · Score: 1
      Technically once the vehicle is totaled it becomes property of the insurance company

      But it's not the insurance company's property until you agree that it is. You don't have to accept the insurance company's money if you really want to keep the black box. In fact, you could probably get away with prying the black box out before signing the car over to the insurance company - I'd bet that most of the time no one would notice.
      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    35. Re:Hysterical over nothing, data doesn't leave car by paganizer · · Score: 1

      My car is a '95 wrangler so doesn't have such pesky things, but on my GF's car the EDR has 10v NiCad and a hefty capaciter wired between the accelerometer lowpass filter and the EEPROM, with a keyed switch on the dash for completing the circuit.
      In the event of a crash, it has been my experience that an insurance company will use any excuse whatsover to screw you, so why make it easy on them?
      if it's not illegal, someone really should start a business selling this sort of add-on; it's really simple and not real hard to install.

      --
      Why, yes, I AM a Pagan Libertarian.
    36. Re:Hysterical over nothing, data doesn't leave car by FireFury03 · · Score: 1

      auto insurance companies are essentially interchangable and there is essentially no switching cost to the consumer.

      You don't get a choice if they're all doing the same thing. Besides, you can guarantee that the majority of people will ignore the "selling your soul" clause if they can save £5 on their instuance - yeah, some of us care but will the insurance companies really cator to the minority?

    37. Re:Hysterical over nothing, data doesn't leave car by plague3106 · · Score: 1

      Your statements are complete bullshit. You typically AREN'T told if the police look at the data (indeed, they technically need a warrant, since its a search of your property). You could not have agreed to turn over data to the insurance company from a device you didn't know existed. If you don't believe your car has one, because no one ever told you, you would think that clause does not apply to you, would you not?

      Your question is silly; its like a hidden camera inyour house that the police can get when they want without a warrant. Just because its taped and not beemed somewhere directly doesn't mean you're not being watched.

    38. Re:Hysterical over nothing, data doesn't leave car by plague3106 · · Score: 1

      And besides, they use this data to help who was at fault. If you're not at fault, it also indicates that.

      I don't think this data can possibly give a clear picture of who's at fault. If you were speeding, its just as likely you would have still been in the accident, since the other car just came out in front of you and 10 MPH difference wouldn't make a difference.

      Hell, people that witness the same accident usually have widely varying stories. I know this from personal experience.

    39. Re:Hysterical over nothing, data doesn't leave car by plague3106 · · Score: 1

      The "none of their business" argument is somewhat BS, you are asking them to put up "their" money as a "bond".

      No, you're asking them for a service which, in the case of an accident, they agree to pay for damages. Its rather a stupid industry if you think about it. When you need it, its not available. When you don't need it, you're still paying quite a bit for it. Ask anyone that lost their home from hurricane Katrina how helpful their insurance has been. Is it worth it when they can weasle out of paying almost every time?

    40. Re:Hysterical over nothing, data doesn't leave car by CastrTroy · · Score: 1

      It really depends on where you live. In the UK, there's laws that are being put in place, saying you have to hand over your encryption keys if you are arrested. However, that's basically the same as testifying against yourself if you have any information you want to hide on your computer. I wonder how long before the US starts making laws like this, that conflict with your rights. You have the right to remain silent, except when we ask for your decryption keys.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    41. Re:Hysterical over nothing, data doesn't leave car by CastrTroy · · Score: 1

      On the other hand, some insurance companies are using tracking devices for good. I read a story about some systems that monitor your driving, and then you hook it up to the computer at the end of every month, and it gives you a discount based on your good driving. If you don't get a discount, because of bad driving, you don't have to submit the information. I think it's great that some insurance companies are rewarding good drivers, so that we don't have to pay for everyone else who is a bad driver.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    42. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 0

      This may sound like news to you, but your "rights" are granted to you by the same government that can revoke them. They're merely social conventions, susceptible to change when there's a compelling enough need.

      If you don't like it then tough luck, because there's nothing you can do about it.

    43. Re:Hysterical over nothing, data doesn't leave car by hb253 · · Score: 1

      They're not monitoring good or bad driving, they're monitoring how much and how far you drive. The less the better from their point of view.

      As for good and bad drivers, I would venture to say that very few drivers with bad records enjoy low insurance rates. The insurance companies have no qualms about charging bad drivers with high rates and surcharges and also charging good drivers high rates so "they can pay for bad drivers."

      --
      Self awareness - try it!
    44. Re:Hysterical over nothing, data doesn't leave car by JonathanR · · Score: 1

      Does this mean that the ECU becomes non-functional after three events? Or is it that the data from a fourth event is discarded? If the ECU remains functional, it would be relatively easy to simulate the event three times to fill the memory, which would eliminate the recording of the real event.

    45. Re:Hysterical over nothing, data doesn't leave car by Anonymous Coward · · Score: 0

      However these drivers "purposeful actions" are realy just their instintive reations or given stimulus and previous experience. To try and say that the drive tried to create a specific pattern specificly for the data colection device is complete bullshit. If they were perhaps a stut driver and someone was trying to use the data collected to learn how to do a stut that was done as part of a performance then I could see this maybe applying. Otherwise its just another case of people trying to twist laws to protect their own ass when they did something wrong. If you are not speeding, driving recklessly, or otherwise endagering others you have nothing to worry about. You are on a public road and your actions can be monitored for the safy of others deal with it.

    46. Re:Hysterical over nothing, data doesn't leave car by JesseMcDonald · · Score: 1

      To quote the trollish AC:

      This may sound like news to you, but your "rights" are granted to you by the same government that can revoke them. They're merely social conventions, susceptible to change when there's a compelling enough need.

      This is false. Governments cannot grant rights, nor can they revoke them; rights are the basis of human society, and no individual or group of individuals within society can dictate them. Rights are recognized, not given; they exist whether recognized or infringed. The choice is between recognition of rights applicable to every human being (though sometimes deplorably infringed upon by individual humans acting against society), or the desolution of human society into asocial survival-of-the-fittest. As a race we chose the former long ago, as cooperation and nonaggression were (and still are) clearly beneficial to the species as a whole.

      Governments are a stubborn artifact of the asocial minority; they create the illusion of legitimacy that asocial and antisocial individuals require to violate the rights of social individuals without incurring the wrath of society itself. If they serve any purpose at all, it is to give marginally constructive work to those members of the human race which appear to be unfit for civilized society -- turning the members asocial element against each other in hopes that both sides might leave society itself in peace for a time. It's a dangerous game, and, in my opinion, an unnecessary one, for I do not believe that the asocial element would be large enough now to justify a government were the government not around to continually undermine the rewards of social behavior.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    47. Re:Hysterical over nothing, data doesn't leave car by AndersOSU · · Score: 1

      I'm on the fence on this one - but your argument is unconvincing to me.

      If any unpublished data is the property of the person who made it, you would have a hard time convincing me that the data the car records was made by you. Sure you might own the car, but just because you own your house doesn't mean the police can't collect evidence against you there. Same story with your computer. If I committed a crime, and recorded it in my (paper) journal, and the police found it you know as well as I that it would be used against me. The only think that makes this driving data different is that it is made without your effort (I think that we can both agree that you should be notified - which means that it was not made without your knowledge.)

      Compare the car data to a video camera in a public place, or a red light camera, or a policeman's radar gun. All that data can be used against you. I think that what is important is that due process be preserved in these cases. If you committed a crime (speeding, reckless driving, etc.) and the police have reason to believe that they will be able to gather evidence against you they should be allowed to seek a warrant and obtain that information.

      My fears regarding this technology don't surround self-incrimination; rather that law enforcement will see them as an investigational short cut. The police should NOT be able to download anyone's data to see who was speeding, or if you were in an accident etc. They should NEED to have probable cause to search your electronic equipment.

      What really bothers me though is less the thought of getting a speeding ticket from a machine on my dash, and more the thought of insurance companies compelling, or coercing drivers to report data on their driving habits to them. The insurance company is not a government agency; they are not entitled to any information about me (beside that which I provide them and that which they can obtain through public records.) Their marriage to the government is what I consider a necessary evil, I don't trust everyone to do the right thing, and I don't want to be on the hook because some people can't handle the responsibility associated with driving an automobile (I'd rather have lack of insurance be a criminal offense than have my insurance be 30% more expensive.) They should not be able to leverage this position to watch me. I think that my insurance premiums should be based on my driving history, and my demographic risk factors. If I've never been in an accident, and haven't had a speeding ticket since I was 16 I shouldn't have to pay more if I get up to 85mph 60% more often than the average person.

    48. Re:Hysterical over nothing, data doesn't leave car by AHumbleOpinion · · Score: 1

      You don't get a choice if they're all doing the same thing.

      Market forces make sure that will not happen. Cartels almost always fail because someone not at the top gets desparate and cheats, in this case a poor performing insurance company will offer "download only on an accident", draw a lot of business from others, and the others will dial back their download policy to be comptetive.

    49. Re:Hysterical over nothing, data doesn't leave car by Catbeller · · Score: 1

      "This may sound like news to you, but your "rights" are granted to you by the same government that can revoke them."

      NO.

      "We hold these truths to be self-evident, that all men are created equal, and are endowed by their Creator with certain unalienable rights, and that among these are life, liberty, and the purfuit of Happiness."

      Rights are what you have, not what you are given. The government and the constitution did not create them for you, and can only be taken from you by a criminal government. This, allegedly is what our soldiers have died for. Apparently no one seems to know what our country is.

      The GOVERNMENT is constrained by the constitution, and has no powers not granted to it by the constitution. Your rights as a free human are written in the stars and in your soul, and exist as long as you remember that you possess them, and that no man owns you or your rights. If you have to, you die to keep them. If you can, live and keep them.

      How can this country survive when the smartest among us don't understand what we stand for?

    50. Re:Hysterical over nothing, data doesn't leave car by cayenne8 · · Score: 1
      "Because in the event of an accident the police can easily download the events off the black box and use it against you in court. It's happened several times already."

      So, I wonder if it would be considered 'destroying evidence' if you were to put some kind of self-destruct 'kit' on the blackbox in the car...basically set it to destroy the chips when the airbag is deployed or something?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    51. Re:Hysterical over nothing, data doesn't leave car by cayenne8 · · Score: 1
      "This may sound like news to you, but your "rights" are granted to you by the same government that can revoke them. They're merely social conventions, susceptible to change when there's a compelling enough need."

      Not in the US....here, your rights are inherit. The govt. gets it's rights from the people, basically the complete opposite of what you put forth.

      At least...that was the original design.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    52. Re:Hysterical over nothing, data doesn't leave car by JesseMcDonald · · Score: 1

      I'm on the fence on this one - but your argument is unconvincing to me.

      If any unpublished data is the property of the person who made it, you would have a hard time convincing me that the data the car records was made by you. Sure you might own the car, but just because you own your house doesn't mean the police can't collect evidence against you there. Same story with your computer. If I committed a crime, and recorded it in my (paper) journal, and the police found it you know as well as I that it would be used against me. The only think that makes this driving data different is that it is made without your effort (I think that we can both agree that you should be notified - which means that it was not made without your knowledge.)

      There are two separate arguments here: the question of whether a person "made" the data recorded by the blackbox, and the undisputed fact that given our current legal code and history the police would (rightly or wrongly) collect evidence from the defendant's private records. On the former question, I simply ask this: if you write a letter, did you make the letter, or did the pen do so? If you own the blackbox (meaning that you could drive a car on private roads without it, but choose to use it anyway; mandantory "ownership" doesn't count), then anything it records was recorded by your own choice; the recording is the product of your own actions. The difference between a recording made with pen and paper and one made by a video-recorder or a blackbox is one of degree, not kind. If you could write quickly enough you could capture just as much information with the former as with the latter. If you had a photographic memory you would require none of these tools, and the evidence would then be inadmissible. Why discriminate against those with less efficient memories? Allow people to record each other (in public) and submit such evidence at will, but do not require them to enter their own electronic memories into evidence against themselves.

      As for the latter, I am not disputing current legal practice; my argument was that such evidence should count as self-recrimination, and thus be inadmissible, the more so if they are not readable to strangers at a glance. I would also tend to oppose the idea of the police entering the defendant's house without permission and collecting evidence there; the house is private property, and belongs to someone who had not been convicted of any crime. Entering it without permission should be considered trespass. That is not to say that it couldn't be done, but the police had better be certain that the defendant will actually be proved guilty of a crime equal to or greater than trespass; if that not determined to be the case, the police should be held responsible for their trespass and required to pay damages to the victim.

      Compare the car data to a video camera in a public place, or a red light camera, or a policeman's radar gun. All that data can be used against you. I think that what is important is that due process be preserved in these cases. If you committed a crime (speeding, reckless driving, etc.) and the police have reason to believe that they will be able to gather evidence against you they should be allowed to seek a warrant and obtain that information.

      I agree that data recorded with devices owned by the police, or other private citizens, should be admissible evidence should they choose to submit it. I am opposed to compulsory testimony, or to trespass or theft against those not declared guilty. If the police want to violate someone's rights to prove their case, they must risk the consequences should they prove to be in the wrong. In any event something like speeding or reckless driving, absent any actual accident or other damage, would not require a court case to settle were the roads not "public property"; access to the roads is granted at the will of their owners, ostensibly the government at this point, and can be r

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    53. Re:Hysterical over nothing, data doesn't leave car by Tweekster · · Score: 1

      No I wont.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    54. Re:Hysterical over nothing, data doesn't leave car by nickull · · Score: 1

      Yes - GPS is required for more finite measurements however if you exceeded 100 MPH you might have a hard time justifying it back the them. No rental company would probably subject their renters to a harrassment like this however I was aware of a few specialty rental outfitters who had high end cars and told renters they had a black box to detect "spinning the wheels". Not sure if it was actually implemented or designed to scare. I reviewed a recent rental agreement from National to see if there is anything in it about data ownership. There is a section about the Onstar that says the renter should be aware that the vehicle *may* be equipped with Onstar. Under section two it specifically names that GPS devices are owned by the car company but does not mention who owns the data. I would presume data ownership would be likely to fault to the car owner who also owned the GPS device. I would also probably note a precedent that the miles charged for a rental are also given to the car company via an electronic reporting system on board the car (the odometer). The high level architectural pattern is the exact same as something from a GPS device. The odometer logs data, the data is given to the car company, the car company bills you based on the data. I highly suspect that a car company using logged data from otehr sources would be successful if suing in court.

      --
      "Question everything, including this!" - http://technoracle.blogspot.com/
    55. Re:Hysterical over nothing, data doesn't leave car by AndersOSU · · Score: 1
      The difference between a recording made with pen and paper and one made by a video-recorder or a blackbox is one of degree, not kind.
      This I absolutely agree with. Which is why I suggest that the data collected by black boxes is yours, but it can be subpoenaed with a proper warrant. I question why you think that evidence that someone created should not be able to be used against them, it is their stupid fault for creating it in the first place. The Fifth Amendment provides protection against being "compelled ... to be a witness against [one]self." Your crux of your argument seems to be that the "black boxes" are an "electronic memory" and the Fifth Amendment should apply. Here I think there is a pretty serious difference in kind. Just because you carry an evidence-collecting box with you while committing a crime doesn't mean that you are testifying against yourself. If a bank robber videotapes a crime should that be protected material?

      You also seem to advocate a very fundamental change in due process.
      I am opposed to compulsory testimony, or to trespass or theft against those not declared guilty
      How are we to collect evidence in support of a trial if this is the case? Or do we do away with the notion of presumed innocence? IMO warrants and probable cause are fundamental to pursuit of justice, without them we wouldn't only be unable to convict anyone, we wouldn't even be able to arrest and try anyone who simply remains on their private property after commission of a crime. The police, if acting in good faith, through the proper channels, should not have to make restitution for a search that doesn't yield evidence, unless of course material harm has been inflicted. Since there is no such thing as a trespass contract, any award would be punative, how much would a fruitless, good faith, police search be worth, and do we really want to disrupt the polices ability to investigate crimes this much?

      As far as mandatory insurance, I maintain that it is a necessary evil. Certainly I would prefer if the guilty party had to make restitution, but the fact of the matter is that they wouldn't be able to, especially if the cost of the accident included medical bills. No amount of wages garnered from McDonalds or Wal-Mart would ever be able to cover the costs associated with some auto accidents, so the best option is to mandate that they carry insurance. You advocate debtor's prisons, but then how would I be reimbursed when I can't even take money from the guilty parties minimum wage job - I'm shooting myself in the foot. Which is precisely the reason that people realized debtors prisons were a horrible idea in the 19th century. While I acknowledge that I still have to carry uninsured and underinsured motorist coverage, I still think that mandatory and enforced insurance laws help keep the cost down in the long run. Besides imagine the increase in hit and run accidents that would occur if people knew that they were going to jail for a loong time for the fender-bender (the other reason debtor's prisons are a terrible idea - disproportionate punishment). Unless you are very rich you cannot assume the responsibility for driving yourself; I, for one, unfortunately don't have $300,000 I can stick in escrow - to cover only the liability portion of my insurance.
    56. Re:Hysterical over nothing, data doesn't leave car by JesseMcDonald · · Score: 1

      The difference between a recording made with pen and paper and one made by a video-recorder or a blackbox is one of degree, not kind.

      This I absolutely agree with. Which is why I suggest that the data collected by black boxes is yours, but it can be subpoenaed with a proper warrant. I question why you think that evidence that someone created should not be able to be used against them, it is their stupid fault for creating it in the first place. The Fifth Amendment provides protection against being "compelled ... to be a witness against [one]self." Your crux of your argument seems to be that the "black boxes" are an "electronic memory" and the Fifth Amendment should apply. Here I think there is a pretty serious difference in kind. Just because you carry an evidence-collecting box with you while committing a crime doesn't mean that you are testifying against yourself.

      Before this part is carried any further, I think we need to answer the question of just what self-recrimination is, and why it's considered a violation of "due process." My definition would be that self-recrimination is the employment of ones' own property, including but not limited to ones' own memories of the event, against oneself in a trial. Simply (voluntarily) carrying the "evidence-collecting box" would not constitute self-recrimination; entering it into evidence would, provided that the defendant owned the recording. (If others owned the recording, or otherwise had the rights to use it, then they could of course enter it into evidence themselves and no conflict would result.) As for the rest, I am not so worried about "due process" as I am about the rights of individuals not yet proven guilty, which is a rather higher standard.

      If a bank robber videotapes a crime should that be protected material?

      It's not a question of "protected material"; not having demonstrated that the person in question was actually the robber, what right does the plaintiff have to take the tape from him/her (a presumably innocent third party), particularly without compensation? And why wasn't the bank making its own security recordings, which it would be free to enter into the evidence on its own side?

      You also seem to advocate a very fundamental change in due process.

      Glad you picked up on that.

      I am opposed to compulsory testimony, or to trespass or theft against those not declared guilty

      How are we to collect evidence in support of a trial if this is the case? Or do we do away with the notion of presumed innocence? IMO warrants and probable cause are fundamental to pursuit of justice, without them we wouldn't only be unable to convict anyone, we wouldn't even be able to arrest and try anyone who simply remains on their private property after commission of a crime.

      I think you overestimate the difficulty that this would cause. Not all material would be prohibited as evidence; any material submitted willingly by its owner (the plaintiff or a supportive third party, presumably) would be admissible. One reason why information critical to a trial is hard to come by now is that individuals are not comfortable with recording their own conversations out of fear that such recordings may be used against them. Case in point: companies often have policies of destroying business documents (not those involved in a current lawsuit, of course) as soon as possible out of fear that they may later be used against them in a trial. If self-recrimination were truly prohibited such information would no longer be scarce; it could be acquired from third parties more easily than from the defendant. I would probably install cameras in my car if I could be sure the recordings could only be used as evidence with my permission; it would help in proving my side were I eve

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    57. Re:Hysterical over nothing, data doesn't leave car by nicolaiplum · · Score: 1

      Shrinking the risk pool until only the lowest-risk drivers are left is good for you if you are in the risk pool, and not so good when you fall outside it. I'm afraid I doubt you are a much better driver than average, because almost noone is, so you will be outside that risk pool. I hope you like your higher premiums.

      --
      "For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled"
    58. Re:Hysterical over nothing, data doesn't leave car by Dzonatas · · Score: 1

      ...or for you! I've been rear-ended by a lady the pulled out of a parking lot. She calls her friend to come and be a witness. Her friend arrives before the officers. Her friend claims I backed up into her car while her car was already in the lane. The insurance company basically states it would be to hard to beat in court because of her fake witness and to prove her friend is a fake witness. Common insurance fraud that still happens today!

    59. Re:Hysterical over nothing, data doesn't leave car by FireFury03 · · Score: 1

      Market forces make sure that will not happen. Cartels almost always fail because someone not at the top gets desparate and cheats

      I'm not talking about cartels - market forces will ensure that all the insurers are doing the same thing:

      One insurer starts offering cheaper insurance if they can access this data, attracting lots of business. So the other insurance companies follow suit. Eventually the only people left not using the new cheaper policy are the minority of users who actually don't want to exchange their privacy for marginally cheaper insurance and the people who would be shown by the data to be rubbish drivers. The insurance companies want to charge the rubbish drivers lots anyway, since they will make the most claims and the people who want to protect their privacy will be an absolute minority.

      So in this case you have 90% of the population using the new (cheaper for them) system, 9% of the population still using the old system because they're rubbish drivers and 1% of the population using the old system to protect their privacy.

      Now another insurance company tries to "break the rules" and offers a cheaper policy that will protect your privacy. They are naturally going to attract all the bad drivers, and the claims they cause will push the premiums up.

      Either way, the very small minority who won't sell their privacy are losing out - they will end up grouped with the bad drivers and have to pay huge premiums.

    60. Re:Hysterical over nothing, data doesn't leave car by sbaker · · Score: 1

      Yeah - it's non-functional after three airbag deployments - that's why you have to replace it.

      --
      www.sjbaker.org
    61. Re:Hysterical over nothing, data doesn't leave car by AndersOSU · · Score: 1

      I am perfectly content to limit self-incrimination to the definition furnished in the constitution - actually testifying against yourself. I understand that you think that we deserve broader protection, I simply disagree. In the bank robber example I used earlier, of course the bank would have its own cameras, but it is very possible the perpetrators recording showed extra incriminating evidence, such as the planning or escape. These things happen, and if you don't want to produce evidence against yourself, either (a) don't commit a crime, or (b) don't collect evidence that can be used against you.

      As for corporate retention, yes it is true that companies destroy their own documents so that they can't later be used against them, but why is this such a bad thing? First, there are laws surrounding document destruction and retention, and if a suit is brought against a company in a timely manner, and there is no possibility of discovery due to document destruction the court is very to take a very negative outlook on the defendant. Secondly, if a company routinely destroys documents that hinder advancements in its field (be it science, or marketing, or anything else.) This ought to encourage a timely pursuit of justice. If the documents are old, so are the memories. If you have a complaint it is much better for all parties to file as soon as possible. In the special case of delayed reactions to drugs or chemicals, registration data such as toxicology and environmental data is not only retained permanently by the manufacturer, but also by a regulatory agency.

      Your idea of mounting cameras in your car, who's evidence only you could use would rapidly lead to a data collection arms race. Everyone (who could afford it,) would record everything, and privacy would be eroded in a much more serous way than with police searches. Couple that with how easy it would become for an interested third party to turn brother on brother, and I find the proposition very unsettling.

      In a criminal case evidence is often hard to obtain because the perpetrator often takes it with him. Gang members keep weapons used for murder, which is critical for ballistic evidence. Without a search warrant it would be virtually impossible to get a conviction. Or what about this hypothetical: I abduct a woman (while wearing a mask - no 3rd party video evidence) and murder her in my basement. I dispose of the body in private, on my own land. The police might know that I'm guilty but be unable to act because all the evidence is mine, unable to be used against me, and confined to my private property.

      And we add trial in absentia to boot. So while I'm being tried for embezzlement (I'm a really bad guy!) I get to have my expensive lawyers represent me while I lounge (without bond) in my mansion. If the trial looks like it isn't working out for me I flee to a non-extradition country, no one can bar me because I'm still innocent, especially if I use my own private transportation. Oh, and I'm free to intimidate witnesses sell company assets, continue to manipulate stock prices, etc. because, not only is it not in my best interest to cooperate, it is impossible for me to be found in contempt of court when I've not only never been there, but am unable to be compelled to appear.

      I don't underestimate the cost of being not guilty and being involved in a police search, which is why there are safeguards in place. Their not perfect, and sometimes mistakes happen, but I fail to see how your system would improve this. Even with your system there would still be investigations and accusations, it would just make it much harder to actually convict someone. Yes, of course we should not make it too easy for police and prosecutors to get convictions, but after all isn't that what the whole "beyond a reasonable doubt" thing is supposed to do?

      Which brings me to two last things that are tied together, and bother me a bit. The first is that you would have the victim, or the victim's representative, be the prosecutor, and the se

    62. Re:Hysterical over nothing, data doesn't leave car by bwd234 · · Score: 1

      Damn, I wish I had mod points!

  10. Attorneys everywhere rejoice!! by JonTurner · · Score: 5, Interesting

    I was telling an attorney friend about EDR's and his response was "really? I suppose that means I can subpoena that information and admit it for evidence. Unless it's ruled self-incrimination..." We spent about an hour discussing and it brought up a whole bunch of interesting questions: Is the information on this machine considered part of a persons "papers or effects" or is all information now property of the government court to be surrendered on demand? Is destroying this device considered tampering with evidence... do I have a right to smash up my own car (computer, books, diary, etc.)? If not, I think this intrudes on my property rights. Where does the court's right to information about me end and my rights to my own property and information begin? Is it safe to say "none of your damned business" any more?

    1. Re:Attorneys everywhere rejoice!! by amliebsch · · Score: 2, Insightful

      I'm curioust what your attorney friend thought. Here's my take:

      Is the information on this machine considered part of a persons "papers or effects"

      Yes, just the same as, say, a bundle of files in your back seat. Subject to the warrant requirement.

      is all information now property of the government court to be surrendered on demand?

      Of course not.

      Is destroying this device considered tampering with evidence...

      It could be, if you have reason to know that it is probably evidence.

      do I have a right to smash up my own car (computer, books, diary, etc.)?

      Yes, unless of course you are doing it deliberately to destroy evidence. Much in the same way that you can shred all your personal files every day, until you are notified that you are being sued and those documents will be discoverable.

      Where does the court's right to information about me end and my rights to my own property and information begin?

      It begins and ends with probable cause, and almost always, a warrant.

      Is it safe to say "none of your damned business" any more?

      Yes, unless there is a warrant or a subpoena for that information. You may want to be more polite about it, though.

      --
      If you don't know where you are going, you will wind up somewhere else.
    2. Re:Attorneys everywhere rejoice!! by darkmeridian · · Score: 2, Informative

      The Fifth Amendment to the American Constitution prohibits a government actor from compelling a person to make self-incriminating statements. Papers and other writings previously authored by a criminal defendant do not constitute such a statement, though it may be self-incriminating. In a recent case, the NY Court of Appeals ruled that tattoos of a criminal defendant can be admitted against him over his objection to prove he subscribed to white supremacist beliefs because such evidence was not a protected statement.

      To answer the second question, namely, whether destroying the device violates the law. In short, it depends. Destruction motivated by a desire to hinder justice is illegal. If the car was involved in an accident, or there was another reason to believe that the device in the car would be important in a civil matter, destruction of that device would lead to sanctions. Civil liberties sell great here on Slashdot, but imagine if your child or family member was hit and injured by a guy who was street racing. The prosecution needs to prove speeding or reckless driving to convict the defendant on the most serious charges. Would you say that getting data from a device in that case would be wrong? In this particular case, the argument "if you have nothing to hide, you have nothing to fear" flies pretty well because the information on the device could exculpate the defendant as well.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    3. Re:Attorneys everywhere rejoice!! by theycallmeB · · Score: 1

      Your rights to your property, and any information it contains, are at least severly compromised when your property becomes physically entangled with someone else's property as in an accident. It that case 'none of your business' no longer applies because your business and theirs have become one.

      At present these devices are not required, and you may be able to remove the EDR BEFORE an accident if you so choose, depending on how the manufacterer integrated it into the vehicle. Removing or destroying the EDR AFTER an accident would almost certainly, and definitely should be, be treated as evidence tampering and might be admissiable as an evidence of guilt in a civil case against you. Before an accident, the EDR is just an electronic device that remembers a few seconds of information, afterwards it is evidentiary recording of the accident.

      In case of an accident, yes, the police/courts certainly could demand access via subpeona as part of the trial or investigation and should receive said access. That is what due process is about. Whether access could be obtained as part of say a reckless or drunken driving case where there was no accident is less clear and is a legitimate worry. Of course a short, simple law could clear this up while preserving the use of EDRs for accident investigations. Further, as I understand it, most EDRs only retain a few seconds of information before and after airbag deployment and thus is useless outside of an accident investigation.

      Finally, and this is general comment not in response to the previous post, I think too many people go too far in asserting their 'right' to drive. Operating a motor vehicle is not a right granted by the Constitution or any deity that I am aware of. It is a privilege granted by the government, and one easily given with few limits. And given the number of clearly stupid and dangerous driving behaviors I have seen, it is also a privilege that needs to be rescinded a little more frequently. Just think of what that could do for traffic congestion in Chicago alone...

    4. Re:Attorneys everywhere rejoice!! by ScrewMaster · · Score: 1

      Is it safe to say "none of your damned business" any more?

      The short answer is "No". If you try to say that to an officer of the law, the presumption is that you have something to hide. And that presumption is often correct, but the further presumption is that what you are trying to hide would incriminate you in some way. And that presumption is usually automatic in law enforcement, who feel entitled to know everything about us whether we want them to or not. All of us (and I mean, ALL OF US) have something to hide, whether it be criminal or merely something unpleasant that we would rather other people didn't know. Civilization functions because we don't know everything about each other! It's time the government understood that by eroding privacy as they are doing, they are simultaneously damaging a core aspect of civilized society: the right to tell anybody, even the government (maybe especially the government) to just fuck off and leave us the hell alone. If we lose that right, we pretty much lose it all.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:Attorneys everywhere rejoice!! by TubeSteak · · Score: 4, Insightful
      In this particular case, the argument "if you have nothing to hide, you have nothing to fear" flies pretty well because the information on the device could exculpate the defendant as well.
      That argument NEVER flies very well.

      If the law says I have a right to hide something, then fuck off.
      If the law doesn't, then there is no reason to pull out that asinine argument.

      P.S. "your child or family member" is a great appeal to emotion.
      --
      [Fuck Beta]
      o0t!
    6. Re:Attorneys everywhere rejoice!! by Anonymous Coward · · Score: 0

      Without knowing how the device's data is stored or will be used for or against me, I have reservations towards its use in court.

      The prosecution needs to prove speeding or reckless driving

      Let's say the guy just got off the interstate and was doing 65. Last I checked, these black boxes don't have a GPS, so there's no way to say where he was doing 65, so the prosecutor's expert witness stands up in court and tells the jury that the black box "clearly shows that Mr Daredevil was tearing down the city streets, weaving back and forth before he slowed down to take careful aim at the child". If you think "aw, prosecutors would never play on the jury's trust in technology" then you're pretty much ignorant of their behavior during early years of DNA matching, back when they matched on presence/absence of about 16 markers (now they match based on length of dna between particular markers, which varies a lot more), leading to 2^16 or ~16000 possible combinations, some of which probably never came up in humans, though to hear cases involving it made it seem that DNA matches uniquely identified the person and were incontrovertible evidence of that specific person's guilt.

    7. Re:Attorneys everywhere rejoice!! by Anonymous Coward · · Score: 0

      >> Operating a motor vehicle is not a right granted by the Constitution.

      Amendment IX
      The enumeration in the Constitution, of certain rights, shall not be construed
      to deny or disparage others retained by the people.

      Just because a particular right is not enumerated, does not mean that Americans do not have that right.

      The right to free movement is part of liberty.

    8. Re:Attorneys everywhere rejoice!! by IIH · · Score: 1

      Civil liberties sell great here on Slashdot, but imagine if your child or family member was hit and injured by a guy who was street racing. The prosecution needs to prove speeding or reckless driving to convict the defendant on the most serious charges. Would you say that getting data from a device in that case would be wrong? In this particular case, the argument "if you have nothing to hide, you have nothing to fear" flies pretty well because the information on the device could exculpate the defendant as well.

      In other words, "Oh why won't anyone think of the children?"

      Logically though, how can you say someone was "street racing" without any evidence to say so, and if you already have, you don't need the black box. Also, "nothing to hide, nothing to fear" is never a valid arguement - it's perfectly possible to have a situation where the child ran out, (i.e. totally the child's fault) and it would not have mattered if they were going 10pmh or 35mph, equally, the person could be going 10mph without paying attention and caused the accident. So, the speed of the car could be irrelevent, and could end up help acquitting a guilty person, or convicting an innocent one. Still have nothing to fear, eh?

      --
      Exigo spamos et dona ferentes
    9. Re:Attorneys everywhere rejoice!! by Anonymous Coward · · Score: 0

      The right to free movement is part of liberty.

      You are free to walk. You are free to drive on your own property however you want. Driving a one or two ton bludgeon on public property on the other hand is a privilege in most places.

    10. Re:Attorneys everywhere rejoice!! by minion · · Score: 1

      I was telling an attorney friend about EDR's and his response was "really? I suppose that means I can subpoena that information and admit it for evidence. Unless it's ruled self-incrimination..." ...Is the information on this machine considered part of a persons "papers or effects" or is all information now property of the government court to be surrendered on demand? Is destroying this device considered tampering with evidence... do I have a right to smash up my own car (computer, books, diary, etc.)? If not, I think this intrudes on my property rights. Where does the court's right to information about me end and my rights to my own property and information begin? Is it safe to say "none of your damned business" any more?
       
      I think the government will play their usual thrump card when it comes to driving a vehicle - "Its a privilege, not a right" bullshit, and say that in order to operate a vehicle (since its a privilege), its mandated that you have to have a functional black box. Complete BS. You never see insurance companies going out of business - its a huge money making scam.
       
      It needs to be "Driving is a risk", not their "driving is a privilege" mantra. We need to be responsible for ourselves. The only auto insurance REQUIRED to be carried by an individual is liability, not self-coverage. If you knew "driving was a risk", and only had to cover your ass, there wouldn't exist a huge insurance scam that exists today. You may argue, "Well, if you do away with liability, how do you get money from someone when it is their fault?".. Simple: you sue them. Now, you ask "Isn't that creating more hassle?" For you, maybe. For the legal system, no. Guaranteed your insurance company will demand, argue, and ultimately sue (if needed) to extract money from the other insurance company during an accident.
       
      Whoever came up with having to cover someone else's ass, and not your own for driving must have been an insurance salesman. Its the typical American attitude that its "someone else's responsibility" or the "its not my fault" attitude that has created a mess like this.

      --

      -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
    11. Re:Attorneys everywhere rejoice!! by ivan256 · · Score: 1

      imagine if your child or family member was hit and injured by a guy who was street racing

      If the world worked the way I think it should, you would be going straight to hell for attempting to use an emotional argument to trick somebody in to believing something unjust.

      The prosecution needs to prove speeding or reckless driving to convict the defendant on the most serious charges. Would you say that getting data from a device in that case would be wrong?

      The circumstances under which the incident occured have absolutely no bearing on whether it is right or wrong to force somebody to incriminate themselves. If some criminals need to go free in order to protect this right for innocent people, then so be it.

      In this particular case, the argument "if you have nothing to hide, you have nothing to fear" flies pretty well because the information on the device could exculpate the defendant as well.

      The argument only flies because you left half of it out. Want to play with emotional circumstances? What if the street racer who injured your family member's insurance company refuses to pay due to some inane detail on your family member's black box, like that your family member was going 10mph over the speed limit? Clearly, the street racer is guilty of a crime regardless of how fast your family member was going...

      If you think you have nothing to hide, you don't know what it is that you've got. What you've got are rights that protect you from being unjustly imprisoned through corecion. As soon as you exchange those rights for vengence, you may as well allow torture. It's cheaper than a black box and has the same end result.

      Perhaps we need our society to degenerate to the way it was a few hundred years ago for a while. It seems that people have forgotten the lessons our founding fathers learned the hard way. They wrote that stuff into the US constitution and made it very difficult to change for a good reason.

    12. Re:Attorneys everywhere rejoice!! by syousef · · Score: 1

      Is destroying this device considered tampering with evidence... do I have a right to smash up my own car (computer, books, diary, etc.)? If not, I think this intrudes on my property rights

      What about your license plate? Do you think you have the right to rip it off your car, smash it to bits, then drive around? I think you'd find yourself in a holding cell and your car impounded the first time a cop drove by. Try explaining your property rights to him. Fact is you give up some of those rights in exchange for use of the road. You're suppose to be doing this in the interest of public safety but it's identifying technology that most people don't argue with the need for. Give it 15 years of having these black boxes in your car and it'll be the same story.

      --
      These posts express my own personal views, not those of my employer
    13. Re:Attorneys everywhere rejoice!! by lachlan76 · · Score: 1

      16km/h over the limit is a minor detail?

      While the GP is an idiot, 16km/h is hardly a small amount over the limit on flat ground.

    14. Re:Attorneys everywhere rejoice!! by amliebsch · · Score: 1

      Clearly, the street racer is guilty of a crime regardless of how fast your family member was going...

      Whatever point you are trying to make is undermined by your mixing of concepts and scenarios here. Insurance companies payouts aren't dependant on somebody comitting a crime. In a case like you describe, the proper course of action is, as always, to sue the insurance company. As part of the civil trial (assuming no settlement), the jury will apportion responsibility, let's say 90% street racer, 10% minor speeder, and the award will be prorated on that basis. Who was or was not committing a crime is irrelevant.

      In the case of a criminal prosecution, on the other hand, whether the minor speeder was speeding is irrelevant as to the street racer's conduct, but then, the insurance company has nothing to say in the criminal case either.

      The circumstances under which the incident occured have absolutely no bearing on whether it is right or wrong to force somebody to incriminate themselves. If some criminals need to go free in order to protect this right for innocent people, then so be it.

      This isn't a Fifth Amendment issue, which applies to testimony. This is straightforward evidence. Are you seriously arguing that it is somehow improper to execute search warrants against criminal suspects for directly relevant evidence for which probable cause exists? Seriously?

      They wrote that stuff into the US constitution and made it very difficult to change for a good reason.

      I do not think the Constitution says what you think it says. Try reading it.

      --
      If you don't know where you are going, you will wind up somewhere else.
    15. Re:Attorneys everywhere rejoice!! by ivan256 · · Score: 1

      This isn't a Fifth Amendment issue, which applies to testimony. This is straightforward evidence. Are you seriously arguing that it is somehow improper to execute search warrants against criminal suspects for directly relevant evidence for which probable cause exists? Seriously?

      No, I'm saying it is a Fifth amendment issue to require somebody to maintain a physical record of their actions solely for the purpose of bypassing that individual's fifth amendment rights.

    16. Re:Attorneys everywhere rejoice!! by ivan256 · · Score: 1

      On a highway with a 65MPH limit, where the bulk of the traffic is going 80MPH, 10MPH is nothing.

      Sure, if you're going 10 over in a 25, it's a major detail, but context needs to be taken into account.

    17. Re:Attorneys everywhere rejoice!! by parkrrrr · · Score: 1

      2^16 is about 16000? And you're posting on Slashdot?

  11. In other news... by Anonymous Coward · · Score: 1, Funny

    Bush vows to end America's dependence on foreign oil by 4922.

  12. Typo by unr_stuart · · Score: 1

    Or is the NHTSA a newly hated acronym. National Highway Traffic Safety Asministration

  13. Freudian slip? by grammar+fascist · · Score: 0, Redundant

    As a follow-up to this long ago posting, the National Highway Traffic Safety Asministration has passed a resolution...

    Somebody almost made a Freudian slip.

    --
    I got my Linux laptop at System76.
  14. Who? by shoma-san · · Score: 0, Redundant

    I didn't know there was a National Highway Traffic Safety Asministration...

  15. Useless and unreliable by NineNine · · Score: 1, Insightful

    As we all know, "black boxes" used in planes are pretty useless because they often fail at key times, failing to record any useful information. Or, at least, that's what the 9/11 Commission would like you to believe...

    1. Re:Useless and unreliable by Detritus · · Score: 1

      Here's a nickel, buy yourself a new sheet of tin foil.

      --
      Mea navis aericumbens anguillis abundat
    2. Re:Useless and unreliable by Anonymous Coward · · Score: 0

      Key times like being flown into a building and shattered into a zillion pieces before experiencing a building collapse, or high-angle impacts with the ground? Sure, they're meant to survive alot, but plenty of black boxes suffer damage and either fail entirely or have intermittent recordings for *ordinary* air crashes. The FAA requires two "black boxes" -- the flight data recorder and the cockpit voice recorder. It isn't unusual for one to survive while the other does not. For example, at a recent cargo 747 crash in Halifax, Nova Scotia the flight data recorder survived, while the cockpit voice recorder did not have any retrievable data -- and that was a much lower-speed crash occurring at takeoff. Another example is Swissair flight 111, which crashed off the coast of Nova Scotia -- though both recorders survived, they didn't record anything in the last 6 minutes before the crash. Some types of recorders have a continuous loop and record only 30 minutes -- important data leading up to the crash can be overwritten subsequently.

      While getting data off recorders depends upon the exact circumstances of the crash and the type of recorder, they clearly aren't indestructable or without data loss incidents. Furthermore, when damaged, intermittent information recording is not unusual, again depending upon the design and crash circumstances.

      You need to use a thicker brand of tin foil. Alternatively, you could read a little more widely than the nonsense that is written at conspiracy sites, unless you are suggesting transportation safety institutions around the world have been conspiring for years about the survivability of flight recorders.

    3. Re:Useless and unreliable by ClioCJS · · Score: 1

      Yea, he's wrong. The boxes were indeed found. It was the news of their findings that was somewhat suppressed.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
  16. Makes me glad... by abscondment · · Score: 1

    The fact that this is a problem people have to deal with makes me glad I bike to work.

    Of course, I'm also glad that the car my wife and I own is from 1990. We're considering getting a newer car, but only for safety reasons (airbags). As with many software manufacturers, car companies hope their customers will feel compelled to buy a new model every few years. They also don't give much tangible reason to upgrade: my 16-year-old car still gets an average 28mpg.

    With the potential privacy concerns, obvious expenses, and lack of ostensible improvement over older cars, I don't understand why anyone is buying new.

    1. Re:Makes me glad... by Anonymous Coward · · Score: 0

      Ostensible, adj: Represented or appearing as such (usually with a connotation that their is doubt as to the accuracy of said representation)

      So you say the car manufacturer's aren't making enough over the top claims about the benefits of their new cars? And unless they start flagrantly overdoing their advertisements, you won't buy new?

    2. Re:Makes me glad... by Anonymous Coward · · Score: 0

      "their" should be "there", before anyone calls me on a typo.

    3. Re:Makes me glad... by himurabattousai · · Score: 1
      With the potential privacy concerns, obvious expenses, and lack of ostensible improvement over older cars, I don't understand why anyone is buying new.

      Don't forget that when buying a suitably used car, it's often possible to avoid taking out a loan, meaning the car is fully and outright owned immediately. The kind of jury-rigging it takes to disable air-bags, ABS, and now ECR boxes certainly isn't looked kindly upon by lending institutions or dealers, both of which have an interest in maintaining the vehicle's "intact" condition, as this leads to more money at auction/resale time.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
    4. Re:Makes me glad... by MooUK · · Score: 1

      My father's car gets over 50mpg on a good day.

      Well, it did til he rolled it through a stone wall.

    5. Re:Makes me glad... by Anonymous Coward · · Score: 0

      You don't have to get a newer car, just a different one. My 1990 420SEL has driver and passenger airbags. Granted, it doesn't get 28mpg, either, although if you could find a 300SDL (diesel) that might. AC

  17. Car dealers use error codes to void warranties by Anonymous Coward · · Score: 0

    over rev your engine and the computer rats on you.

  18. Everyone is watching everything! by BigZaphod · · Score: 1

    Well this is crazy! I'm about ready to leave it all behind. I'm going to jump in my car and drive away and no one will be able to find me. Oh.. wait. Damn you technology!

  19. There is always a cost.... by tempest69 · · Score: 3, Insightful
    The rub is this... Insurance. If they feel that having the real information lets them know the actual cause of an accident, and you dont bother to have one running. your rates are going to be going up. If your not doing anything wrong then you have nothing to fear.. So the process simply adds cost on the insurance side of things.

    I'm not a big fan of this level of privacy invasion but their is too much precident for privacy crushing actions that this will likley be mandatory in the near future(7-21 years out), as the added price will be negligible.

    Storm

    1. Re:There is always a cost.... by Anonymous Coward · · Score: 1

      Interesting that some will take this as "a tool I can use to prove my innocence in the accident" and others as "a tool that will prove my guilt

    2. Re:There is always a cost.... by imemyself · · Score: 5, Insightful

      Why should anyone ever have to prove their innocence?

      --
      Every time you post an article on Slashdot, I kill a server. Think of the servers!
    3. Re:There is always a cost.... by pete6677 · · Score: 3, Informative

      Have you ever challenged a traffic ticket in court? Did they require the state to prove their case? How else would you get out of the ticket?

    4. Re:There is always a cost.... by TubeSteak · · Score: 3, Informative
      Have you ever challenged a traffic ticket in court? Did they require the state to prove their case? How else would you get out of the ticket?
      Actually... yes, they require the state to prove their case.

      If you can poke a hole in the police version of events, you're home free. Hell, if the Police wrote down the wrong information on the ticket, pleading not guilty = case dismissed.

      All you have to do is show that the facts, as presented by the police, are incorrect, even if it is something as simple as a wrong date on the traffic citation. Knowledge of the law helps in those not-so-simple cases.
      --
      [Fuck Beta]
      o0t!
    5. Re:There is always a cost.... by monstermagnet · · Score: 1

      why yes, I have!

      I told the nice judge that I was not the driver of the car [mine] that illegally exited a toll road without paying. The cop had apparently just recorded my plate number and taken no other action. I later got the ticket in the mail. As I wasn't actually driving (I'd loaned it out), I challenged it in righteous indignation.

      Since the police officer couldn't state with certainty I *was* driving, case (and $500 fine) dismissed.

    6. Re:There is always a cost.... by StikyPad · · Score: 5, Informative

      Most judges won't dismiss based on something as minor as the wrong date. In some jurisdictions (Virginia, for example), even something like the cop not showing up won't automatically get you off (despite the fact that he's the only witness, therefore you're losing the crucial right to cross-examination).

      If you've been tagged with radar/laser, the best solution for most people, especially those with a clean record, is just to plead guilty (IN COURT -- don't pay in advance), apologize, and ask for the mercy of the court. Emphasize your record, and that you really want to keep it spot free and promise that this was a one-time thing. If your case has anything unusual about it, then it might be beneficial to argue, but in most cases it's not and will only convince the judge that you're not remorseful and therefore deserve the full punishment.

      Speeding tickets are income; it's as simple as that. There's no incentive for the courts to take the cases seriously because there's a ton of cases and, for most people, the penalties are minor enough that they won't do anything beyond complaining to their friends. Hiring a lawyer usually means the case will just last longer, which will likely irritate the judge -- not what you want to do. The reality is that speeding in and of itself is not reckless or dangerous. If passing someone going 20MPH faster on a freeway is reckless, then by that logic, passing someone coming the opposite direction on a two lane road at 45MPH (closing speed of 90) must be downright suicidal, yet somehow most of the country manages such feats without much of a problem. Dodging, weaving, driving erratically, unpredictibly, and/or inattentively is what's really dangerous. The fact that speeding often accompanies those behaviors, and the fact that it's easier to spot speeders than inattentive drivers has villianized speeding. The fact that some people get mad seeing others "break the law" while they're working hard to obey it doesn't help either. These people don't question the rules; they just want everyone to follow them because they feel obliged to. They're free feel that way, of course, but it just perpetuates the situation.

      At any rate, speeding tickets aren't much of a problem for most people, because they're statistically unlikely to get more than an occasional ticket. Unfortunately -- by virtue of random distribution -- some people accumulate a lot of tickets and suffer serious, life-altering consequences such as losing their license indefinately. The "simple" solution is, of course, driving the speed limit, but in most places that's tough to do. "Peer pressure" to go with the flow of traffic can be overwhelming, especially for new drivers/young people, and the flow is rarely at or below the speed limit. Nobody wants to be "that guy" with 20 cars stuck behind him. Furthermore there's no such thing as a perfect driver, since we're all human. It's just a matter of chance as to whether there's a cop around to see you screw up, and whether or not he wants to write tickets.

    7. Re:There is always a cost.... by Anonymous Coward · · Score: 0

      BAD ADVICE
      "is just to plead guilty" WRONG, never plead guilty unless instructed to by counsel.
      "Hiring a lawyer usually means the case will just last longer, which will likely irritate the judge". WRONG, whatdo you base this on? That judges do not like people exercise their right to representation and will more likely rule against you? Terrible advice!
      "At any rate, speeding tickets aren't much of a problem for most people, because they're statistically unlikely to get more than an occasional ticket." WRONG, you'll get a few tickets of some sort. And knowing your rights/what to do will save you money and time. We all should be prepared on how to handle tickets before we get them.

      Here is how it works.

      You get pulled over, be nice to the officer, do not admit to anything, do not consent to search.
      Sign the ticket, don't argue, don't complain.

      Get a ticket lawyer.
      He/she will let you know your options, most likely they can get the ticket thrown out.
      It is money well spent, usually a little bit more then the ticket or traffic school.
      Saves time, and you'll have a cleaner record.

    8. Re:There is always a cost.... by planetmn · · Score: 1

      Most judges won't dismiss based on something as minor as the wrong date. In some jurisdictions (Virginia, for example), even something like the cop not showing up won't automatically get you off (despite the fact that he's the only witness, therefore you're losing the crucial right to cross-examination).
      True. For whatever reason people think that the smallest mistake will get them out of a ticket. I have been in traffic court in 3 states, sometimes with a lawyer, sometimes without, and for the most parts, judges are looking for the truth, and aren't too concerned with technicalities.

      If you've been tagged with radar/laser, the best solution for most people, especially those with a clean record, is just to plead guilty (IN COURT -- don't pay in advance), apologize, and ask for the mercy of the court. Emphasize your record, and that you really want to keep it spot free and promise that this was a one-time thing. If your case has anything unusual about it, then it might be beneficial to argue, but in most cases it's not and will only convince the judge that you're not remorseful and therefore deserve the full punishment.
      FALSE. Do not plead guilty. Especially depending on state. NY will plead down just about any speeding ticket to a non-moving violation. Keeps your record clean and your insurance rates from rising. Most prosecutors are more than willing to plea it down if you show up to court (or have a lawyer). I've done this many times. The thing to do is be polite to the officer (a must, they do record your attitude and this will be reflected in a plea deal), plead not guilty. If you are out of the jurisdiction, hire an attorney, he'll plea it out over the phone. If you are local, show up at court, and it'll be pled down. This has worked, without exception, for me on four cases in a five year period, and for my friends on numerous occasions.

      Unless you are ready to accept the entire fine, and the insurance rate hike associated with it, do not plead guilty.

      -dave

      --
      /., where "Apple and Google provide Iran with nukes" will be refuted with "But Microsoft is a convicted monopolist"
    9. Re:There is always a cost.... by Mattintosh · · Score: 1

      In Missouri, it's quite simple to get non-accident moving violations turned into non-moving violations, thus negating the revenue received by the asshats that write you tickets.

      You basically argue that the police officer a) didn't have up-to-date certification on the equipment or b) did not have properly calibrated equipment. Failing that (or if it isn't a speeding ticket), you call him to the stand. If he's there, there are a couple of other questions to ask (basically calling into question whether his identification of you and your vehicle is correct), and you request that the ticket be downgraded to a non-moving violation (due to the officer's uncertainty). If the he isn't there, the officer is held in contempt (for not showing up for a court date), the case is dismissed, and the court costs fall on the losing side (the officer and the municipality that employs him).

      You can even pay a lawyer to do all of this for you without your presence. It costs about the same as a ticket would (around $100), but you don't get any penalties on your license or insurance.

    10. Re:There is always a cost.... by kat11v · · Score: 1
      Actually in Canada you DO get off if the cop does not show up for the court date.


      Further more, I once went with my friend who was fighting a ticket and got to listen to a couple of cases before his. On one of them, the guy was clearly speeding and didn't care who knew it. But when the officer was reading the details of the event, he read the date wrong. That is, it was written down correctly on the file but he (for some reason) said the wrong date. He corrected himself immediately but it was too late, the case got thrown out.

    11. Re:There is always a cost.... by VTMercutio · · Score: 1

      It's just a matter of chance as to whether there's a cop around to see you screw up, and whether or not he wants to write tickets. Just a note...the name for this principle is panopticism...and the man who came up with it was Michel Foucault. It was originally an aspect of jail construction, having one guard see many prisoners, but the prisoners not able to see the guard. They would then feel compelled to behave because they would never truly know when they were being watched.

    12. Re:There is always a cost.... by AK+Marc · · Score: 1

      Actually... yes, they require the state to prove their case.

      So, you are saying if there is a single person with no proof other than their word against another person with no proof other than their word, then they will always find the defendant not guilty, right? After all, with just two people with conflicting verbal testimony, they shouldn't consider that they have evidence beyond a reasonable doubt. But that's never the way it works.

    13. Re:There is always a cost.... by VWJedi · · Score: 1

      Or, when you're ticketed for getting rear-ended by a giant truck, you get to waste half your day sitting in court waiting for them to tell you your case is dismissed because no witnesses showed up.

      (I was a bit concerned when the officer showed up, but he didn't actually witness the accident.)

      Then you get to wait another six months for the insurance companies to figure out it's not your fault and give you back your deductable.

      But I'm not annoyed or anything... (my poor car didn't deserve to end up like that)

  20. Re:Rhetorical Questions At Best by mpapet · · Score: 1

    Is the information on this machine considered part of a persons "papers or effects" or is all information now property of the government court to be surrendered on demand?

    It won't ever belong to you. "Your honor this person is tampering with the car's safety system." Pretty much says it all.

    do I have a right to smash up my own car
    Yes, but don't fsck with the black box. Kind of like people rewinding odometers, it will be forbidden.

    You are lucky to have such thought provoking friends, but I'm afraid the individual has no standing.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  21. Just one more piece of paper to sign by John+Jorsett · · Score: 3, Insightful

    Notification laws aren't that useful. California has one that requires businesses to post warnings of "hazardous substances". Problem is, damned near everything is a hazardous substance under this law. Consequently, every business has one of these placards and nobody pays any attention because if we did, we'd never be able to buy anything. This notification will just end up as another piece of paper in the mound that nobody ever reads and that we sign whenever we buy a car. I suppose it will have the benefit of letting the seller say, "We told you about this" when some dope comes back a few years later, upset that his black box recording ratted him out as going 100 mph just before the crash.

    1. Re:Just one more piece of paper to sign by ForestGrump · · Score: 1

      ah, yes! prop 65.
      As a teacher I once had (in an environmental law class) once said about prop 65, "it's ok to poision people if you warn them about it"

      So wherver you go, you see prop 65 warnings. It's kinda funny actually. You go to a new car dealership, you'll see a prop65 warning sign hanging somewhere (out of sight), or grocery stores warning you stuff inside the store may harm you.

      Really, everyone buys a car, everyone shops at grocery stores. So what's the point of these warnings?

      grump

      --
      Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
  22. RTFM by Doytch · · Score: 1

    Not sure if it's the same in the US, but this info is already disclosed in Canada(and I assume in other places), in the car's manual. Has anyone actually read their manual to check if they were actually informed of it before saying how violated they feel?

  23. Discount? by Alchemar · · Score: 2, Insightful

    Remeber when you could pay for cable so that you didn't have to watch all the comercials? Remeber when you could get a customer service card and get a discount, instead of needing one to pay just under market value instead of 10% over market value? They might give people a discount on insurance until it is adopted, and then they are going to check the records and everything on there will be another reason to raise your rates. Even if you are a perfect driver, there will be times when you need to accelerate or brake. The current system can't tell what the speed limit was, so all that "hard acceleration" is the type of behavior they will look at, or the time you go out of state and the speed limit is 5 miles over the maximum speed in your home state.
    I could see where you could use the information in a court case, but then why couldn't you submit your data. The other person may or may not consent to a search. If your data shows that you were driving correctly, now you have a reasonable cause to get a court order for the other guys data. At that point it would follow all the same laws as physically searching your vehicle

    1. Re:Discount? by pizpot · · Score: 1

      ...or you are driving on ice and spinning and sliding around.

  24. Smash it by kg4mxz · · Score: 1

    If you don't want the information exposed if you are at fault, just smash the self incriminating evidence. They can't use it against you if its in 500 different pieces.

    1. Re:Smash it by photomonkey · · Score: 1

      I believe, in certain cases anyway, that such action would constitute 'obstruction of justice'. Besides, in this case, it's not the gov't I'm worried about but rather the damn insurance companies. "We get to ping your car 3 times a day and see how you're doing. Rates will adjust accordingly."

      --
      Message contains 1 attachment: spam.gif
  25. Not "intent" but recklessness/negligence by BearRanger · · Score: 2, Informative

    To all of the /.ers who want to just remove the EDR. It's an integral part of the engine management computer. You can't remove it and have the car continue to function. I predict a future aftermarket business for replacement management computers without the data recording aspects.

    But the answer to your question is no. A new law isn't needed.

    The thing you have to realize is that there are very few "accidents" in traffic situations. There's a reason the police refer to them as "collisions" and not accidents--because usually someone has done/failed to do something that causes it. That usually involves recklessness or negligence on the part of the driver. Those actions ARE crimes, whether or not there was a specific intent to commit a crime. In my area the police are trained to immediately download the information from the EDR at the accident scene. No driver permission required, because it's part of the investigation of the cause of the collision. Police accident investigators have a handheld device that plugs into a port in the vehicle that downloads the data from the EDR for later analysis.

    By the way, vehicles that are equipped with GPS services such as OnStar automatically call authorities in the event of a collision. Do you really believe that they couldn't also upload the EDR contents at the same time? I'm not saying they *do* that, but it's not inconceivable.

    1. Re:Not "intent" but recklessness/negligence by Anonymous Coward · · Score: 0

      They do.

  26. GM SDM Module by Caesious · · Score: 0

    You could probably disable this by removing the CAN / ODB communication wires connected to the recording device. The problem is that GM is incorporated their black box into the air bag SDM module.

    Tampering with that module my not be the brightest idea.

    I know that Toyota sends information on their communication bus to the air bag module. For example there are occupancy sensors in the seats. Why fire the airbag for the passenger if there isn't a passenger?

    So, again, disabling the communication lines to that module may be a bad thing.

  27. But wait by drinkypoo · · Score: 2, Insightful

    Okay, I'm no expert, but I do know a little something about automotive control systems, and my understanding is that part of OBD-II is that vehicles record at least 30 seconds prior to and after any event that bears reporting; this is called snapshot data. In most systems, only one snapshot can be stored, and there are IIRC four levels of criticality; snapshot data is overwritten when a more critical message must be logged. At that point, the last 30 seconds of data is written from RAM and, if processing continues, the next 30 seconds are recorded. One of the things that can trigger this event is if the airbag computer indicates that the airbag has deployed.

    Mind you, this is on 1996 and newer vehicles - and some vehicles went OBD-II before the deadline. I believe (just as an example) that the 1995 Nissan 240SX is among them.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:But wait by Xanius · · Score: 2, Interesting

      That's about right. My computer forensics class had the head of one of the largest private forensics companies come in and give a presentation on these things last year. The chips don't store anything outside of ram for more than 30 seconds and when something happens, like the airbag deploying or some other sensor indicates that there's been a collision of some sort,it burns in on the chip so that it can't have anything happen to it short of the chip being destroyed.This gets overwritten later on if something else happens to cause it to burn in again. They hook it up to a computer and read the data,which usually includes speed,pressure on the breaks,if the headlights were on, which systems in the car had a warning light on(if any) prior to the accident,pretty much anything useful to find out what happened during the accident. Insurance companies or any other company for that matter, hardly use these because the guy that came in said that his company charges something like fifty thousand to get the information off of it, only in extreme cases will this be used. Extreme being the insurance company being close to handing out atleast double the amount it would cost, so that they can prove my customer wasn't liable and I don't have to pay.

    2. Re:But wait by boingo82 · · Score: 1

      Actually you're incorrect.
      You'll be interested to know that Nissans do not have Event Data Recorders.
      List of cars with EDRs on board, 1994-2006 models.
      And of course I can't find the article right now, but I read one about black boxes in cars a few years ago and it had a quote from a Nissan exec explaining how the Airbag Deployment module isn't even integrated with the computer. It's a whole separate module. So were a few others. So not only DON'T they record the information, but they CAN'T right now, due to the way the car's set up.

      --
      As a republican I feel it my responsibity to manufacture criminals. People need punished!
  28. self-incrim. isn't just anything u don't want seen by supernova87a · · Score: 1

    A lot of people think that somehow a recording black box producing evidence against you is "self-incrimination" (in case it was your fault in an accident), because the black box belongs to you and is your property. But this completely misunderstands what self-incrimination means.

    Self-incrimination is forcing someone to orally testify against him or herself in questioning or trial -- a compelled confession for example, which in our early (colonial, for example) jurisprudence was unfortunately not a foreign concept, and is understood to be highly dubious by any informed jurist. It is limited to that specific act -- testifying against yourself.

    For some reason, people think it applies to any act on their part that could demonstrate that guilt, or by extension even evidence produced by something in his/her possession or by someone of his/her acquaintance. That's simply not the case, and an awful reach.

    As the caselaw says: a person is immune from having to provide evidence against him/herself. But that does not mean he/she is immune from having that evidence produced [by some other way]...

  29. Consider the license agreement? by spagetti_code · · Score: 1

    Consider the license issues and privacy issues with this software.
    You dont own it, you have a right to use that can be removed,
    they can look at what you are doing, yada yada yada...

    I would bet that you wont own your car for much longer - the
    Licence agreement around this data and these computer systems
    will soon go the way of the software agreements that we put up with.

    The good news is that perhaps one day we may see a GPL car.

  30. Hmm, lets see why this is a bad idea by MBC1977 · · Score: 0, Redundant

    Just one reason why this is bad

    Denial of Licence (Due to speeding):
    I'm from NYC originally (but anybody drives on a highway will understand), the posted speed limit is 65, yet the flow of traffic is 85 possibly 90.
    Of course, if you do follow the posted speed limit, you run the risk of an accident due to the other drivers trying not to hit you, even in the slow lane.
    So, you stay in the flow. This occurs over the course of several years, you've never been in an accident. Its time to renew your licence, so you go
    to the DMV, where they ask to scan your car's black box (BB). After scanning your BB, you are told you are being denied a licence, or worse you are under
    arrest for speeding X amount of times and must pay back fines plus court cost.

    Yes I know some will think this is a great idea, but the reality is, with these BB, individual drivers have given up a bit more of their freedom for the
    perception (and in some cases a reality) of security. Of course the smart thing would be to design cars with a lower top speed (but then who would
    purchase them?)

    This is just one possible scenario, but if this goes through, I would not be surprised to see this implemented short thereafter.

    I'll close with a thought (though its not mine, but I understand the meaning) those who are willing to sacrifice a little freedom deserve no freedom.

    Regards,

    MBC1977,
    (US Marine, College Student, and Good Guy!)

    --
    Regards,

    MBC1977,
    1. Re:Hmm, lets see why this is a bad idea by zippthorne · · Score: 1

      Some (most? all?) states have a "reasonable and prudent" law which protects you if you're going "with the flow of traffic." The downside though is that under adverse weather conditions, driving at the limit can still be illegal. Of course, it's also quite dangerous to other drivers, so it makes sense.

      Regardless, how would they know from the blackbox data that the speed you were travelling was in fact, in excess of the limit without also knowing the road you were driving on?

      --
      Can you be Even More Awesome?!
    2. Re:Hmm, lets see why this is a bad idea by MBC1977 · · Score: 1

      Because if it is simliar to an aircraft black box, it will store the trip route via an advanced GPS system, time of departure, route driven
      probably via waypoints), speed traveled along given route, and time of arrival. It will be an automatic version of my GPS (in terms of marking
      waypoints, etc.

      True this is all speculation, but if we don't bring it these concerns now, they will get introduced otherwise.

      Regards,

      MBC1977,
      (US Marine, College Student, and Good Guy!)

      --
      Regards,

      MBC1977,
    3. Re:Hmm, lets see why this is a bad idea by zippthorne · · Score: 1

      That is an awful lot of expensive equipment and storage. I'd be willing to accept it if they include some nice mapping software, or at least an output that I can hook into my own mapping software, but if I don't get the full functionality of a car I've paid for, I'll be mighty upset. Upset enough to buy import if it comes to it.

      --
      Can you be Even More Awesome?!
    4. Re:Hmm, lets see why this is a bad idea by Anonymous Coward · · Score: 0

      the posted speed limit is 65, yet the flow of traffic is 85 possibly 90.

      I find that highly doubtful, even from a Yew Norker. You're talking about traffic going 20 to 25 miles above the speed limit? MOST CARS going that much over the limit? NOPE!

      I see your kind going down I55 in Illinois, though. You in your Escalade, in a line with six or seven other expensive cars hauling ass down the highway at 85 or 90, zipping past everyone else (most cars doing between 65 and 70), that $100 speeding ticket is pocket change to you. You're a fucking menace, you know that? You need to have your license taken away!

      What are you going to do when you come up on me, doing 55 or 60 to save gasoline? You're doing 35 mph faster than me. Note that at 55 I'm perfactly legal (45 is usually the minimum) and you're hauling ass.

      Dude, when you rear end me you are SO sued! And guess what? I don't even need black boxes to win. But I'd rather have you lose your license so you don't endanger me in the first place, asshole.

  31. Re: Ostentatious Pedantry by abscondment · · Score: 0, Offtopic

    During one of my many refactorings, I neglected to substitute properly and created an exemplary digital palimpsest. Please pardon this protruding word, the relic of a former edit.

    Replies on Slashdot are often constructed in a haphazard manner and are rather protean as a result; you really should be reading in the context of my other statements. If you still can't understand the meaning, parse with the following hint in mind:

    s/ostensible/actual

  32. What's Good for GM is Good for America by Doc+Ruby · · Score: 1

    Just in time for the gas to run out. They can't give me my flying car, but they can give the NSA an event log of my location to crossreference with my phonecalls.

    --

    --
    make install -not war

  33. What Needs to be required by Nom+du+Keyboard · · Score: 3, Insightful

    What needs to be required here is that the black box data cannot be released without the owner's signed approval. And that retaliation cannot be taken against a car owner who refuses to release this data. Anything less is not enough.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:What Needs to be required by Shadyman · · Score: 1

      Owner's signed approval OR a court-ordered search warrant.

    2. Re:What Needs to be required by Anonymous Coward · · Score: 0

      The point that all of you are missing is that no one has the "right" to drive now, and never did.

      At the present time, everyone who wants to drive legally must have a license. To get a license, you must divulge personal information, as well as breath or urine upon demand of a peace officer.

      In the future, everyone who wants to drive legally will be obliged to divulge the information from their vehicle's EDR to law enforcement officials, or give up the right to drive, title to the vehicle, or other punishment.

      This technology will require car owners to be careful regarding access to the vehicle. A secure log-in could be desirable to determine who drove the vehicle in an illegal manner, or the vehicle's registered owner could become automatically liable for damages incurred.

      This is a perfectly reasonable extension of law enforcement technology over a lawless population who increasingly and wrongly believes that they have a "right" to break the law and not be caught, and not punished if they are caught.

      Screw all of you.

    3. Re:What Needs to be required by Anonymous Coward · · Score: 0

      "Good morning, Mr. Keyboard. My name is Sally, and I'm calling from your insurance company. Are you aware that you can get a 10% premium discount if you agree to release all data recorded by your car's black box to this company at any time we may request it?"

      That's not retaliation - that's offering a carrot to the owner of the car. You don't want to release it, that's fine, you just don't get the carrot...

    4. Re:What Needs to be required by geminidomino · · Score: 1


      This is a perfectly reasonable extension of law enforcement technology over a lawless population who increasingly and wrongly believes that they have a "right" to break the law and not be caught, and not punished if they are caught.

      Screw all of you.


      Says the guy posting as Anonymous Coward...

      The irony, she make my head asplode.

  34. Becuase it is not a black box by Anonymous Coward · · Score: 0

    Call it by its correct name the "Air Bag Control Computer".
    Feel free to disable it. It is usually under the drivers seat.
    Of course you loose the air bags. But you corpse will be free of big brother after the acciddent.

    There is no "Black Box" in passenger cars.

    The air bag computer logs events leading to the air bag deployment.
    This protects / informs the car companies. Other uses are incidental.

    It is funny how all the complaining about Black Boxes created a law stanardizing them.
    2011 should be interesting. All in or all out?

  35. In your future... by WeeBit · · Score: 1

    I suspect in the future this could make or break a traffic case against the driver. It could also cause a drivers insurance to go up. Don't expect insurance company's to drop the premium, just because you have been racking up brownie points behind the wheel. Eventually it wouldn't surprise me if insurance company's run out to your vehicle grab the data, and then say... Lets see what kind of driver you are, and then we can show you the deal we can give you." Passing the laws telling the insurance company's they are restricted in the data they can collect, and rules that say they can't do this just gives them more incentive to find the loop holes around the new laws. As a matter of fact it's just a matter of time before the data is in any ones hands that wants it bad enough.

    1. Re:In your future... by AmberBlackCat · · Score: 1

      It's also only a matter of time before somebody figures out how to rewrite the data.

  36. Dude by /dev/trash · · Score: 1

    I regularly travel the highways and I always stay within 3 MPH of 65. Never have I been in an accident or even been close to someone rear ending me. Speeding causes accidents. Going 35 causes accidents. Going the proper speed does not.

    1. Re:Dude by tmckay87 · · Score: 1

      Then you've never traveled on any interstates around a major city. All the interstates around where I live (Chicago) have a 55mph limit. People routinely do 80-85 and so should you if you want to avoid being rammed off the road.

  37. Speed is often the best defense in small cars. by Mies+van+der+Robot · · Score: 1

    A black box does not provide a complete picture of the conditions during an accident. If, like me, you drive a small and very maneuverable car, you're not going to just coast along at the limit and trust your airbags in a your-car-versus-big-SUV impending collision, you're going to maneuver and evade. And sometimes that maneuver will require a brief burst of speed. All the black box will say in that instance is that you exceeded the speed limit; it won't show the surrounding conditions that made it a good choice. I've had three such near misses in the mere 5 months since I got my car. Drivers of large vehicles tend to have a blind spot for anything whose roofline is below the hood of their own vehicle, and it's skillful manuevering that has saved the day in every case. Reckless speed kills, I'll be the first to agree with that, but not all speed is reckless speed.

    1. Re:Speed is often the best defense in small cars. by Anonymous Coward · · Score: 0

      Do you think that physical evidence will be disregarded because of the blackbox?

  38. Is my Yugo safe? by sinij · · Score: 2, Funny

    I think I will install one of these into my Yugo!

  39. Common standards / interface responsible for delay by AHumbleOpinion · · Score: 1

    Now somebody has to explain to me why they require several years to inform customers. 2007, or 2008 would be quite reachable as target dates.

    I think you missed the part that mentioned common stamndards, perhaps a common interface as well.

  40. which cars have them right now? by evangellydonut · · Score: 1

    I know BMW has 'em, and used to invalidate your warranty when necessary... one poor hap got caught down shifting from 6th to 3rd while doing 100, over-revving the engine and no more free service for him...

  41. its been here for a while.... by bob+b+boberson · · Score: 1

    This has been installed in cars for quite soom time already! In VW and Audi the Air Bag Control modules store up to two crash events and have been this way for a number of years. The upside to all of this only VW can retrieve this data. They have a couple of people that this is all they do is examine this data for law suites both public and private. I would worry more about your car if it has a GPS than a crash data recorder!!

  42. Re:Damn Straight! by nexthec · · Score: 1

    Sorry buddy, diddling choir boys is most certainly not considered honest and law-abiding.

  43. Re:Damn Straight! by Associate · · Score: 1
    I have nothing to hide.

    Every time I hear someone say this, I think of how boring or how stupid they truely are.
    --
    Someone hates these cans.
  44. "No consent to search" notice attached by owner by beeblebrox · · Score: 1

    is find these "black boxes" and wrap/attach each to a message, in a heat/moisture resistant medium, which reads:

    THE OWNER DOES NOT CONSENT TO ANY SEARCH OF THIS MODULE

    The whole procedure will be videotaped, and the video stored in a bank safe deposit box where all access is logged.

  45. Thermite Strap on Case? by RockClimbingFool · · Score: 1
    Anyone know if there is a company out there that makes auto destruct boxes for your car's black box?

    Maybe just put a big red button on your dash. If its the other guys fault, leave it so you have evidence that it was his or her fault.

    If you did it, hit the button and light that puppy up. You have a constitutional right to not incriminating yourself.

  46. Just one more form to sign when buying a car. by Anonymous Coward · · Score: 0

    This is just one more form to sign when buying a car. It'll get lost in the shuffle, nobody will remeber its there.

  47. need some fairness by r00t · · Score: 1

    Suppose you get involved in a wreak, then a lawsuit or criminal proceeding. It's OK to use data which both cars provide, but what if one car collects more data than the other?

    Data which is provided by only one car should only be usable for proving innocence. To prove guilt should require that equivalent data be available from all vehicles involved in the incident.

  48. Who will pay for this technology? by Anonymous Coward · · Score: 0

    The people who pay for this technology are you and me. Even though you might disable your chip in your car after purchase, guess what? You paid for it! Its sort of like the GSM chips in your cell phone; they are required by law to be there but have you seen any handy built in tools or applications in a cell phone to take advantage of the chip for the CONSUMER?

    I mentioned this to an intelligence agent; he said the money comes from the consumer and it is 'money well spent'.

  49. Re:Rhetorical Questions At Best by NMerriam · · Score: 1

    It won't ever belong to you. "Your honor this person is tampering with the car's safety system." Pretty much says it all.

    You can tamper all you like with your car's safety system -- you own the car. However, depending on which systems you disable, it will probably not pass inspection if you do so, and would not be legal to operate on a public street.

    Yes, but don't fsck with the black box. Kind of like people rewinding odometers, it will be forbidden.

    You can tamper with your odometer all you like. It's yours to do with as you please. What is illegal is selling the vehicle without an accurate disclosure of the vehicle's mileage. If you alter (or break) the odometer but keep other records of mileage, and disclose the odometer situation and records to the person you sell the car to, that's perfectly legal.

    You are lucky to have such thought provoking friends, but I'm afraid the individual has no standing.

    At least the OP's friend is asking realistic legal questions. You're making crazy statements that have no relationship to the law whatsoever.

    --
    Recursive: Adj. See Recursive.
  50. Traffic law is not black & white (or:You're a by ivan256 · · Score: 1

    If you've been accident free for 30 years, it means that you either don't drive much, or that you're very lucky. It only takes one bad driver to cause an accident, yet many accidents involve more than one vehicle. When you do the math it adds up to even the best of drivers getting into an accident every several years on average. And that doesn't even take mechanical failures into account. What if you have a blow-out?

    If you drive for long enough you will get into an accident. That means at some point in your life somebody will be interested in your black-box data.

    Now, you may say, you don't break any traffic laws, so the box is still in your favor. Two words. Bull. Shit.

    Traffic law is nebulous. There are laws against "Driving too fast for conditions" (Translation: you are always in violation of the speed limit law if you are in an accident for any reason), "Failure to drive in the established lane" (Translation: If you have a blowout and spin off the road, you broke the law. I personally have been ticketed for this, and it has taught me never to call a cop when I get a flat, even if I think I may be blocking traffic slightly), and "Driving recklessly" (Translation: You're gulity of a traffic violation if any traffic officer says you are, or if you get into an accident for any reason). It is technically impossible for these boxes to prove that you haven't broken the law. They can only be used against you.

    You think the data will only be interesting in an accident? How long until insurance companies give a discount for showing them the data? And if the data isn't immaculate, what do you think will happen? If you live in a state where competition is regulated out of the system, I'm sure they're dying to get some dirt on you to raise your rates. Shortly thereafter, the discounted rate for showing your perfect blax-box data will increase to the old 'regular' rate anyway, and suddenly you will effectively be charged for your driving privacy, even if your driving is completely safe and your record is clean. I have a completely clean driving record, and my insurance rates are low enough, thank you. I don't need a device installed in my car that is a big excuse for my insurance company to rase my rates for no good reason.

    Enforcement is a terrible way to influence behavior anyway. Look how well it is working on our roads already, or in the war on drugs, or... Well, take your pick. We would be better off making the driving test more difficult, and making people have more experience before allowing them onto the roads unaccompanied. Of course there's a bit of a chicken and egg problem there, but it can be overcome. If people were better trained, our traffic laws coul be less arbitrary too. Of course that would cut off a big chunk of government revenue from traffic fines, but if you ask me, that's a good thing anyway. I don't think they should be allowed to keep those fines in the first place due to the obvious conflict of interest.

  51. Not the EVIL it seems by nephillim · · Score: 0, Interesting

    I worked for a lab that did the automated testing of airbag controllers and though you are all jumping to the "Evil" conclusion (and putting on tinfoil hats) this is really not the case. Though I will concede these records stay arround for use if some really serious accident were to occur, and some insurance agency with really deep pockets wanted to get the evidence, it could... but that is not why these are in the airbag controller in the first place (that is where the EDR or event data recorder lived on the vehicles I tested controllers for lived) The reason these are in your vehicle is actually very simple. Think of all the scenarios that occur in a car. Gravel raod, railroad tracks, potholes, ect... you do not want your airbags going off just because you hit a minor bump in the road, or even if you "crash" but at a very low speed (like backing into a pole). The conditions you want to fire the airbags is a very precise set of circumstances. With newer cars that have curtian and many other airbags too, it also wants to take into account "is the car upside down" and such. In order to make the most accurate assessment possible, and thus have the least false positives possible, as much data must be recorded for consideration as possible.... RPM, Orientations, TIRE PRESSURE, ... the list is long. The catch is only 10 seconds or so is usually kept.... just enough for a crash/pre-crash record.... I know this is slashdot, and we (yes me too) usually assume it is the government/big brother watching and trying to control us, but for a change, this is nothing but trying to make cars as safe as can be. It just so happens a side effect of this is allowing insurance agencies to get a better glimpse of what was really going on... but really, is honesty ever really a bad thing? If somebody rear ends you, and said they were going 25mph, and your accelerometer/ their EDR said they were going 50mph wouldn't you want that to be known by the judge? If not... enjoy you will probably be enjoying your airbags a lot more if you live on bumpy roads or near train tracks.

    1. Re:Not the EVIL it seems by geminidomino · · Score: 1

      A nice attempt to whitewash, but you fail to answer a single important question.

      Why does this data need to be STORED? Everything you mentioned is a reason for there to be a computer to CONTROL based on this data, but not for storing it for later access.

  52. Compare apple with orange by aepervius · · Score: 1

    "If you're terrorist free, why would recordings of all your telephone conversations be interesting?"
    Private activity spied on "If you're treason free, why would a log of all your internet activity be interesting?"
    Private activity spied on, opinion you want to keep for yourself spied on "If you're not searching for child porn, why would a database of all your searches/web browsing being released to the general public be interesting?"
    Private activity spied on

    "If you're accident free, why would the data be interesting?"
    PUBLIC activity spied on

    Not only this is what you do in public, so no privacy is involved, but this is an activity you engage in COMMON with other public entity (aka:driving). You have no expectation of privacy in public and are expected to respect law. Now if they enforce law more strongly I could not care less from your whining, after the 3rd FREAKING ACCIDENT of a driver swerving/cutting my lane/bumping me from behind. Maybe if driver knew they had a bigbrother under thier butt watching the last 30 sec of what they did they would be a bit more carefull instead of being irresponsible immature PRICK.

    Oh, and comparing private acativity to driving and big brother is like crying wolf. Next time you cry wolf people will ignore you. In future reserve your energy for real privacy violation.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  53. How reliable is data collection/analysis? by cheros · · Score: 1

    I note an implied permission/request in that law to make sure your car has a black box to start with. Given that I'm not in control of that box (that law isn't helping here) I'm not too happy with that - not because I'm doing something illegal, but because I have no idea what it records, how it does it AND HOW RELIABLE THAT INFORMATION IS.

    It's all very well stating what data the box needs to provide (again, this implies that it HAS to provide - what controls are applied?), but I'd recommend anyone subjected to abuse of this data to force disclosure on method and technique of recording first.

    After all, it appears nobody is interested in what calibration has been applied, what sample rate's used, what error rate the black box itself has - yet the push seems for it to become legally admissable data.

    Fundamentals..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    1. Re:How reliable is data collection/analysis? by sunderland56 · · Score: 1

      How reliable is anything on a five-year-old American car?

  54. Slashdot demographics by sean4u · · Score: 1

    No lorry drivers? Maybe I should have read every last comment, but I only searched for 'tacho', 'truck' and 'lorry'. In the UK, all Heavy Goods Vehicle (HGV) drivers are obliged to carry tachographs, and produce them (I believe) on demand from the police. There may be more than that to it, I only know that much from hitch-hiking! The tacho shows speed over time (can't think what else), and can be used against the driver who speeds or exceeds the permitted driving durations.

  55. Oh really by ishmaelflood · · Score: 1

    Neither Corvette nor Mustang are designed in any significant fashion for racing. I've been on product development teams for both. Durability requirements were pretty much the same as for any sporty derivative, which are slightly higher than for a sedan due to the low profile tires.

    1. Re:Oh really by MyNameIsEarl · · Score: 1

      The why is Derek Jeter racing Spike Lee on the streets of, I assume, Brooklyn in recent Mustang ads on NYC television?

    2. Re:Oh really by hb253 · · Score: 1

      You were on the marketing team? Your low profile tires comment makes absolutely no sense. They are indeed not designed for racing. However, they are high performance vehicles (the Corvette more so) and they should be fully capable of being used in closed course events such as driver education (racetrack) and autocross. It's hard to believe that the Corvette with its near supercar horsepower, handling, and braking is only being designed with slightly elevated durability targets.

      --
      Self awareness - try it!
  56. Brake by wire by ishmaelflood · · Score: 1

    Recently available at a Mercedes dealer near you (S class I think). They've stopped it now.

  57. A even better idea: by nurb432 · · Score: 1

    Let the owner choose to have the damned thing ripped out of the car totally. Its my car, should be my choice. Its NOT a public saftey issue like brakes or taillights are, so its not required.

    i bet that violates some stupid 'tampering' law somewhere.

    I wonder when these things become mandatory on ALL cars, regardless of age, to get a plate.

    --
    ---- Booth was a patriot ----
    1. Re:A even better idea: by BubbaJonBoy · · Score: 1

      Shit - they'll figure out a way to wrap it up with DCMA making it akin to breaking copy protection. It's the insurance companies at work trying to get any little technicality to prevent them from paying. What should be a risk-based business structure is slowly and surely becoming a sure thing. With mandatory coverage required they can basically rape the unfortunate driver that has some minor incident. I can see it now where you'll be required to have a 6 month "checkup" where they do a dump of your little on-board narc and find reasons to jack up your coverage. Hey they do it with health coverage now...

  58. Dude.....where's my car? by Anonymous Coward · · Score: 0

    Dude, if _you_ do 65 in a 35 zone, you'll be the one causing the accidents.

    A quote I got from a retired Police driving instructor: "Speed doesn't kill, impact does."

    Driving within your own limits and those of your vehicle is perfectly acceptable in the right circumstances. Though I wouldn't suggest using this argument if you're pulled over.

  59. Cool! by AP31R0N · · Score: 1

    Awesome headline!!?!

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  60. My guess on what every tape sounds like: by RickBauls · · Score: 1

    *cell phone rings with Black Eyed Peas, My Humps ringtone*
    "Hello?"
    ...
    AHHHHH!
    *crash*

    Not much evidence for what happens.

  61. My car, my black-box, my data. by Java+Ape · · Score: 1
    If I, as a consumer, am to bear the cost of having this nifty device installed on my car, then it needs to benefit me. I agree with a previous poster that this COULD be a benefit in the case of the agressive, lying, loudmouth trying to blame you for his defective driving. I also worry about the police, FBI and whoever else havesting this data for other purposes.

    How about if the data were stored on flash memory -- just a normal memory card in a socket by the other fuses. Store the data in a simple, delimited ASCII format, and overwrite as needed. Have the files digitally signed by the black box, and watermarked with a time-stamp to verify the authenticity of the data. Now, in the event of an accident, I can decide wether to pop the flash and step on it, or use it as evidence. It's my data, collected by my black-box, I can do what I want to with it. In addition, now when I want to see what the nitrous-boost does to my acceleration, I can just add a larger memory card (to allow recording minutes rather than seconds of data), take my car to the track, and then view the results on my home computer. Having accelerometers etc. in a car is potentially very useful for performance tuning IF I COULD USE THE DATA.

  62. Got them here in .au too by Brewdles · · Score: 1

    My brother is a mechanic. He tells me it's quite fun when a customer who has screwed their car says they were 'just driving' and the blackbox in their Camry says they were doing 150 km/h.

  63. Reading comprehension skills by /dev/trash · · Score: 1

    You need to demand a refund from whatever college you attended.

    1. Re:Reading comprehension skills by Anonymous Coward · · Score: 0

      I see that sarcasm is a new concept to you.

      A film I believe you may be interested in: http://www.imdb.com/title/tt0097239/

  64. Re:Damn Straight! by VTMercutio · · Score: 1

    I have nothing to hide...that is actually a close second in my book to...the government never makes mistakes.

  65. Actually I have. by /dev/trash · · Score: 1

    People merging from the on-ramp appreciate that because I'm not barreling towards them at 85.

  66. YHBT by /dev/trash · · Score: 1

    YHL
    HAND

  67. personal economic choice: privacy at a cost by call+-151 · · Score: 1
    It would be interesting to see privacy decisions about the use of data from black boxes treated as an economic commodity, rather than as an absolute right. That is, why not have a choice, for example in car insurance, how about a multi-tier system for pricing for a year of coverage:
    1. $1000/year and you do not agree to divulge any information from car electronic data recording devices and can rip them out if you want
    2. $500/year and you agree to divulge any information EDR info relevant in an accident and keep the devices operable
    3. $200/year and you agree to constant uploading of EDR and GPS data from your car

    These numbers are totally invented, of course, but guess what most people would choose: option 3, at least if the popularity of supermarket discount cards where giving lots of personal information saves you some some money on groceries. If people are willing to trade privacy for discounts, why not let them?


    The point is that though you may have a "right" to keep somethings private, but you also cannot expect to hold onto that right vigorously and get bargain-basement prices on things at the same time. Insurers would presumably be happy to have more data to charge rates which more accurately reflect their risks. If you willingly provide data that shows that you drive under 65MPH all the time, etc., in exchange for lower rates, that seems like a reasonable plan.

    --
    It's psychosomatic. You need a lobotomy. I'll get a saw.
  68. Arguing with engineers is like wrestling pigs by ishmaelflood · · Score: 2, Funny

    "You were on the marketing team? "

    No, I'm an engineer, suspensions on Mustang, engines on Corvette.

    "Your low profile tires comment makes absolutely no sense."

    Because you don't know what you are talking about.

    "They are indeed not designed for racing."

    Thank you, that was my point.

    " However, they are high" (ish) " performance vehicles (the Corvette more so) and they should be fully capable of being used in closed course events such as driver education (racetrack) and autocross.

    Of course they are. But that's not racing. If you want to race a Corvette you replace almost every single component and body panel. It's a whole new car.

    "It's hard to believe that the Corvette with its near supercar horsepower, handling, and braking is only being designed with slightly elevated durability targets."

    Well, try really hard. Or become an automotive engineer.