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Dealer-Installed GPS Tracker Leads To Kidnapper's Arrest in Maryland

New submitter FarnsworthG writes A news story about the capture of a kidnapper mentioned that he was caught because a car dealer had secretly installed a GPS device on his car. Apparently this is becoming common for "buy-here-pay-here" dealers. The devices are sold by Spireon, among many others. Raises interesting privacy questions. FarnsworthG also points to this Jalopnik article condemning the practice, when it's done without disclosure. The kidnapping itself, of Philadelphia nursing assistant Carlesha Freeland-Gaither, was captured by a surveillance camera.

271 comments

  1. For some values of secretly by Fwipp · · Score: 5, Informative

    McDougall said the customer is required to sign a form acknowledging there's a GPS unit in their vehicle. If the car buyer tries to remove it, the dealer is alerted.

    I think this is a pretty shady practice, don't get me wrong, but it's not quite as "secretly" as the summary made it out to be.

    1. Re:For some values of secretly by the+eric+conspiracy · · Score: 4, Insightful

      Disclosure takes it out of the shade IMHO.

    2. Re:For some values of secretly by Anonymous Coward · · Score: 0

      I read about it this morning. There was no question about its disclosure. This goes into the category "dumb criminal."

    3. Re:For some values of secretly by l0n3s0m3phr34k · · Score: 4, Informative

      The dealers do it because they are selling cars to people who often don't pay their bills, take off cross-state with vehicles, and such. Your normal dealership doesn't do this...

    4. Re:For some values of secretly by epyT-R · · Score: 3, Interesting

      They will eventually, when the state and insurance companies mandate the trackers.

    5. Re:For some values of secretly by davester666 · · Score: 2, Informative

      These dealers do it, because they are in the vehicle rental business, which is WAY more profitable than the vehicle sales business. Because they "sell" the car to someone they know is most likely not going to be able to make the payments, and they can repossess the car and keep all the so-called "equity" that the purchaser has built up, and just sell it again to the next one up. Lather Rinse Repeat.

      --
      Sleep your way to a whiter smile...date a dentist!
    6. Re:For some values of secretly by SydShamino · · Score: 1

      Isn't that how con men marketed houses in The Jungle?

      --
      It doesn't hurt to be nice.
    7. Re:For some values of secretly by TWX · · Score: 2

      Please provide a source. I've heard this repeatedly, but never seen anything that substantiated it.

      --
      Do not look into laser with remaining eye.
    8. Re:For some values of secretly by Noah+Haders · · Score: 1

      the headline should be "Dealer-Installed GPS Tracker Leads To Kidnapper's Arrest, Car Repossession in Maryland"

    9. Re:For some values of secretly by jklovanc · · Score: 2

      That will be right after the state mandates an implanted chip for all people. (Also known as "It will never happen". Take off your tinfoil hat)

    10. Re:For some values of secretly by Anonymous Coward · · Score: 1

      http://articles.latimes.com/2011/oct/30/business/la-fi-buy-here-pay-here-part1-storyb

      Either you are lazy and don't want to do your own research, or your an idiot for not believing the worst about corporations. Either way, go fuck yourself.

    11. Re:For some values of secretly by Anonymous Coward · · Score: 0

      Much like how encryption was never severely restricted, how not wearing a seat belt was never banned, how the government would never allow SSNs to be used for anything other than their original purpose, how the NSA would never spy on everyone, how the government would never force ISPs to retain data, etc., etc.

      Trust in government = foolishness. You honestly think simple GPS devices on cars is that far-fetched? Eventually, if you don't give up your privacy, you'll likely either be fined *or* companies will make it so expensive to keep your privacy that most people can't do it.

    12. Re:For some values of secretly by epyT-R · · Score: 0

      It's already offered as an option for those who are willing to sacrifice their privacy for access to competitive pricing. progressive calls it 'snapshot.' Mandatory compliance is probably a decade or so away.

    13. Re:For some values of secretly by Anonymous Coward · · Score: 0

      That will be right after the state mandates an implanted chip for all people. (Also known as "It will never happen". Take off your tinfoil hat)

      As if they need to.

      They have a way to track your cell phone at just about any given time, regardless of your GPS privacy settings.

      I fail to understand how or why the hell you think they won't have that same capability in your OnStar/SatNav/SYNC/Blip/Zablam-enabled car, which if you haven't noticed, is getting installed by default more often then not these days in new cars.

      Not to mention you usually carry around your personal tracking device (cell phone) with you at all times.

      Maybe you should wake up.

    14. Re:For some values of secretly by Anonymous Coward · · Score: 0

      Please provide a source. I've heard this repeatedly, but never seen anything that substantiated it.

      Congratulations. You're the very first person I've found who is actually deserving of going through the experience first hand in order to answer your own question.

      Some people have to actually touch the hot burner to understand they'll hurt themselves.

      We usually call them "children", but when they're wearing an adult disguise, we call them "fucking idiots"

    15. Re:For some values of secretly by cascadingstylesheet · · Score: 1

      I think this is a pretty shady practice, don't get me wrong, but it's not quite as "secretly" as the summary made it out to be.

      Why is it shady? The dealer is agreeing to loan you money and trust you with the collateral, on the basis that you accept this device be installed and remain functioning.

      They only bother with it for risky borrowers ... in other words, without it, he'd have a much higher interest rate or else not be able to buy the car at all. In which case Al Sharpton would show up with a bullhorn ....

    16. Re:For some values of secretly by Anonymous Coward · · Score: 0

      I agree. Signing legal documents promising to pay a debt you have no ability to manage is kind of fraudulent. If this catches on we'll be seeing these devices attached to HARP houses. Getting banking/insurance/healthcare presidents to wear an ankle bracelet would be more effective, but would probably take down the whole scheme.

    17. Re:For some values of secretly by stoploss · · Score: 1

      They will eventually, when the state and insurance companies mandate the trackers.

      No need to mandate, telematics is already here. Ford: We can use GPS to track your car movements.

      If your vehicle has GPS and a cell modem (i.e. a nav system with apps, services, etc) then you have to assume the manufacturer is already doing this type of tracking. Ford's CEO just pulled a Biden here and admitted publicly what they're all doing. I know my non-Ford vehicle has a telematics unit and is probably reporting all my speed and location data to the manufacturer (including when I exceed the speed limit, because it knows). I haven't figured out how to pull it yet. Most of the vehicle cabin controls route through the head unit, and I don't have a wiring diagram so far.

    18. Re:For some values of secretly by Anonymous Coward · · Score: 0

      He asked for a citation, you provided an article about a tactic used for repossessing cars of people that can't pay, it is also one of the milder tactics used. Certainly scummy but definitely not a citation for what was requested.

    19. Re:For some values of secretly by amiga3D · · Score: 1

      Come now, at least with the NSA you know they never said they'd never spy on anyone. How could they have possibly said that considering it's entire purpose is to spy. Supposedly they are not to conduct operations domestically but lately that has become somewhat of a grey area. The majority of Americans care little for real freedom, they want to be safe and real freedom is very dangerous.

    20. Re:For some values of secretly by Monoman · · Score: 2

      "Buy here, pay here" are for high risk customers usually. I wouldn't be surprised if the repo rate is significantly higher and if multiple sales of the same vehicle are part of the business model. I also wouldn't be surprised if their financing terms are a "Lease to buy" type thing just to keep ownership of the vehicle in their hands as much as possible.

      --
      Keep the Classic Slashdot.
    21. Re:For some values of secretly by Anonymous Coward · · Score: 0

      A few higher end car dealers who are their own loan centers do this already.
      You'd be shocked how many "rich" people buy a bmw and quit paying. (people financing a lifestyle FAR beyond their means. rental mc mansions full of rent to own furnature and a brand new car)

      It's in the contract that it has a gps tracker. Nobody ever reads that.

      Recover one 60k-80k car. You've paid for a ton of trackers.

      It's getting more common too. Banks like it. Insurance companys like it. Police like it.

      Consumers? Who cares what they like.

    22. Re:For some values of secretly by Anonymous Coward · · Score: 1

      Its happening now.

      First offer a discount for having it.
      Then raise rates for those that don't have it.
      Next make it mandatory to get insurance. Which is mandatory itself.

      We're at step 1 - 2 right now. Progressive snapshot! Let us spy on your driving habits and we'll give you a discount!

    23. Re:For some values of secretly by nukenerd · · Score: 1

      If the car buyer tries to remove it, the dealer is alerted.

      How would the dealer know? Hire a car for a day and transfer it to that. Keep it running on a battery during the transfer.

    24. Re:For some values of secretly by Anonymous Coward · · Score: 0

      He could just be a paid internet shill. He's using their same talking points and logical fallacies. If s/he's not a paid shill, he sure is part of the Smart-but-blind Sheep class.

    25. Re:For some values of secretly by Actually,+I+do+RTFA · · Score: 1

      I think this is a pretty shady practice, don't get me wrong, but it's not quite as "secretly" as the summary made it out to be.

      It depends on whether it is, "Here is the GPS consent form, saying we will track you til you pay the care off" or "Here, sign this 82 pages of forms and you can drive off now" where people miss clause 18.f.ii

      Now, people should read what they sign. But the way people react when I read waivers, etc, you'd think I'm the only one.

      --
      Your ad here. Ask me how!
    26. Re:For some values of secretly by Anonymous Coward · · Score: 0

      thanks for the info. was wondering why car dealers secretly install GPS tracking devices in cars.

    27. Re:For some values of secretly by Anonymous Coward · · Score: 0

      The dealers do it because they are selling cars to people who often don't pay their bills, take off cross-state with vehicles, and such. Your normal dealership doesn't do this...

      Don't give them any ideas . . .

    28. Re:For some values of secretly by petermgreen · · Score: 1

      If such transfers became a significant problem I imagine it would not be difficult to deploy countermeasures that would make them significantly harder (such as binding the device to the cars ECU by VIN or similar)

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    29. Re:For some values of secretly by Euler · · Score: 1

      No need to implant a chip. 99% of the public already is being tracked by cell phone.

      Oh and your car license plate is being scanned by numerous public and private entities.

      Facial-recognition software is pretty much assumed to be operational in many places.

      And if you crash your car, you can't opt-out of the authorities from downloading the black-box data from your car.

      Given that there are cases where a vehicle tracker would save lives for missing persons, cars that ran off the road, etc. it probably will be only a matter of time before a mandate is suggested.

      So these things are not eventual, they are right now. Maybe they are all good things in the long-run. But the point is this isn't delusion, it is real and you can't realistically avoid it.

    30. Re:For some values of secretly by Anonymous Coward · · Score: 0

      you forgot the BANKS who make loans to these non-AAA rated customers. The financiers of cars for the poor will require these trackers more than the state or insurers. yeah you're supposed to have insurance but that's just a legality.

    31. Re:For some values of secretly by Anonymous Coward · · Score: 0

      I hear North Korea has just what they want... or at least similar to what they'll get if they keep pressing their 'safety at all costs' agenda and letting the government ignore the constitution.

  2. Summary is hogwash by the+eric+conspiracy · · Score: 4, Informative

    In the article is the statement:

    "McDougall said the customer is required to sign a form acknowledging there's a GPS unit in their vehicle. If the car buyer tries to remove it, the dealer is alerted."

    Thus it seems likely maybe the perp was informed about the tracking device.

    Now the task is to find a hole deep and dark enough for this vile predator.

    1. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      well... but I doubt it was in the contract that the dealer would share the gps information with whoever.

    2. Re:Summary is hogwash by DexterIsADog · · Score: 1

      Ooh! Ooh! I'm a grand juror in that federal district. Maybe I'll get to hear the testimony and vote whether to indict.

    3. Re:Summary is hogwash by PopeRatzo · · Score: 1

      I've never gotten any of the good ones. I've been picked for juries twice (once a grand jury) and it's always been boring slam-dunk cases. A civil suit and an embezzler.

      --
      You are welcome on my lawn.
    4. Re:Summary is hogwash by dunkindave · · Score: 1

      In the article is the statement:

      "McDougall said the customer is required to sign a form acknowledging there's a GPS unit in their vehicle. If the car buyer tries to remove it, the dealer is alerted."

      Thus it seems likely maybe the perp was informed about the tracking device.

      It depends on how prominent the disclosure was. Was it in 8 point font in the middle of paragraph 37 on page 7 of the 12 pages the buyer had to sign? Or was it in 14 point font on its own form that dealt with nothing but the presence of a tracking device? Unfortunately saying the buyer signed an "acknowledgement" doesn't prove the device's presence was known, and courts interpret these things in how a "reasonable" person would find it. Also, the way that was written could mean the device's installation was acknowledged somewhere in a document, but since it was in a new sentence, the point about alerting if removed may be a comment about how it works rather than what the form contained.

      Now the task is to find a hole deep and dark enough for this vile predator.

      I prefer sending them to an exclusive gated community with lots of large males so they can learn how to make friends. You know, opening new doors and all that.

    5. Re:Summary is hogwash by NicBenjamin · · Score: 1

      well... but I doubt it was in the contract that the dealer would share the gps information with whoever.

      It doesn't need to be in the contract.

      If the police have video of your dumb ass dragging a chick into your car by her hair they can probably don't need a warrant. They only need a warrant for searches a hypothetical "reasonable man" would describe as "unreasonable," and reasonable men tend to frown on dragging chicks around by their hair.

    6. Re:Summary is hogwash by TWX · · Score: 1

      I expect that it probably was actually, as it would be necessary to share the information with a towing company to recover the vehicle at a minimum. Since they have to have the ability to share anyway, they may as well make that clause as nonrestrictive to themselves as they can.

      --
      Do not look into laser with remaining eye.
    7. Re:Summary is hogwash by Anonymous Coward · · Score: 1

      It is well established, almost back to the establishment of contract law, that failure to thoroughly read a contract is no defense. As long as the information was contained somewhere in the contract in a form readable by a human being then the party that produced the contract is in the right. I have infuriated many a company rep--sales, customer service, legal--by sitting down and actually reading the documents put in front of me. I worked at a realty agent for a while as a tech. I would say that fewer than 1 in 10 people buying a house read past the front page of their contract.

       

    8. Re:Summary is hogwash by Firethorn · · Score: 4, Insightful

      They only need a warrant for searches a hypothetical "reasonable man" would describe as "unreasonable," and reasonable men tend to frown on dragging chicks around by their hair.

      You are, by the 4th amendment, to be COMPLETELY free of unreasonable searches. Any searches must be deemed reasonable through the issuance of a warrant for the search, by a judge.

      That being said, if a cop comes to you and goes 'Dude, I need the location of X's car, he just kidnapped a woman, here's the footage', there's nothing stopping the dealer from handing the information over voluntarily without requiring a warrant.

      --
      I don't read AC A human right
    9. Re:Summary is hogwash by NicBenjamin · · Score: 2

      COMPLETELY free of unreasonable searches implies that you are not completely free of reasonable searches. That's why the cop can frisk you if he smells weed.

      And why a business would be very smart to agree to a search in these circumstances.

    10. Re:Summary is hogwash by The+Ickle+Jones · · Score: 1

      It's not reasonable for government thugs to harass you for having drugs in the first place. So no, that doesn't count.

    11. Re:Summary is hogwash by Vlad_the_Inhaler · · Score: 1

      Looking at the Article, I see that with "Imports City" the customer is required to sign a form acknowledging there's a GPS unit in their vehicle. The article does *not* say that he got his car from them, or even any other dealership in Raleigh NC although that is implied. He kidnapped a random person and drove her to a hideout two hours away? Sheesh.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    12. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      Yeah. You see, in a nation of laws it is the role of the police to enforce those laws. It is not their job to decide which laws are good and which laws are bad. That is the duty of the courts, the law making bodies, and the citizens that elect them. So, if an officer has probable cause based on his senses--and last time I checked smell is a sense--then if he does not search you then he is not doing his job.

    13. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      "I was just doing my hob" the guard said...

    14. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      COMPLETELY free of unreasonable searches implies that you are not completely free of reasonable searches. That's why the cop can frisk you if he smells weed.

      And why a business would be very smart to agree to a search in these circumstances.

      Er, very smart?

      There are some very powerful and influential people in the world who likely smell like weed.

      I challenge you to find a business owner who would want to fuck up that bad by kicking customers out of their establishment for such an "offending" smell. With today's usual backlash of taking the story "viral" online, you would likely be closing your doors very soon due to the boycott.

    15. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      What is this 4th Amendment you speak of? I thought there was only a 2nd Amendment.

    16. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      I'm sure you know that's because the feds get all the innocent people to cop a guilty plea by threatening to pile on indictments until they are facing imprisonment until the heat death of the universe.

      There's a reason why federal prosecutors have a >99% conviction rate. I wonder if it gives them any pause, or loss of sleep at night, knowing that statistically it's likely that there is probably a significantly higher than 1% false accusation rate.

    17. Re:Summary is hogwash by NicBenjamin · · Score: 1

      Why not?

      Under the Constitution states have the power to regulate anything within their borders that isn't expressly forbidden them by one of the Amendments. 10th Amendment. If they choose to ban possession of weed, then possession of weed is a crime, and their police officers are supposed to enforce the law.

      I'm not arguing that anti-drug laws are a particularly good idea, but they are legally valid.

    18. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      You are, by the 4th amendment, to be COMPLETELY free of unreasonable searches.

      Free from the government. Other laws regulate private citizens.

    19. Re:Summary is hogwash by Kijori · · Score: 1

      You are, by the 4th amendment, to be COMPLETELY free of unreasonable searches.

      Right, agree so far (although technically the amendment only refers to "persons, houses, papers, and effects", so your summary maybe goes very slightly too far).

      Any searches must be deemed reasonable through the issuance of a warrant for the search, by a judge.

      Where does it say this? I don't see the part of the amendment where it says that only searches with a warrant are reasonable. Searches without a warrant are routinely carried out - searching with probable cause, searching arrestees for weapons etc - so I don't think the courts agree with you either.

    20. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      I'm sure you know that's because the feds get all the innocent people to cop a guilty plea by threatening to pile on indictments until they are facing imprisonment until the heat death of the universe.

      There's a reason why federal prosecutors have a >99% conviction rate. I wonder if it gives them any pause, or loss of sleep at night, knowing that statistically it's likely that there is probably a significantly higher than 1% false accusation rate.

      Exactly, they avoid going through the indictment process and instead cop to a guilty plea at their trial, once they're indicted.

      Duh, waitaminnit. Are you sure you thought that through before you pulled it brown and steaming out of your ass?

    21. Re:Summary is hogwash by DexterIsADog · · Score: 1

      Well, I won't wish a federal grand jury on anyone. It's one day a week... for 18 months. And they extend most of the juries to a full 2 years.

      On the other hand, my jury occasionally finds flaws in the US attorneys' cases, and make them fix them. Eventually we'll get a case so fucked up that we'll tell them, "no, in fact, we're *not* giving you this indictment." That will be a good day.

    22. Re:Summary is hogwash by Firethorn · · Score: 1

      COMPLETELY free of unreasonable searches implies that you are not completely free of reasonable searches. That's why the cop can frisk you if he smells weed.

      Actually no. He technically needs a warrant to search you. IE he needs to convince a judge that his smelling of you is evidence enough that you're carrying an illegal substance to justify a reasonable search. The officer does not get to decide this himself, even if judges are often rubber-stamps.

      Frisking people without a warrant is actually limited to 'officer safety', IE they're technically looking for weapons and such, though it was determined that other things discovered during that search would be admissible.

      Then they started searching cell phones during such stops, it's currently working it's way through the courts because you're not going to find a weapon in a phone's memory...

      --
      I don't read AC A human right
    23. Re:Summary is hogwash by Firethorn · · Score: 1

      "and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      There have indeed been some limited searching without a warrant authorized, but even 'probable cause' is very limited without one.

      But yeah, I didn't go deep enough; the best way I can put it is that 'I didn't want to write a book'.

      I was just countering the idea that police only needed warrants for 'unreasonable' searches, which actually aren't supposed to be issued if that is indeed the case, so you need a warrant even for reasonable searches, because the warrant is part of the process for determining reasonableness.

      Being turned down for a warrant or deciding to do a search without one because you know you wouldn't get it is a sign that the search wouldn't be reasonable.

      --
      I don't read AC A human right
    24. Re:Summary is hogwash by The+Ickle+Jones · · Score: 1

      Under the Constitution states have the power to regulate anything within their borders that isn't expressly forbidden them by one of the Amendments.

      Constitutional != moral. I would support an amendment banning that power. I was saying that it's not moral.

      Anyway, that does not apply to the federal government, silly interpretations of the commerce clause aside.

    25. Re:Summary is hogwash by The+Ickle+Jones · · Score: 1

      Yeah. You see, in a nation of laws it is the role of the police to enforce those laws.

      Actually, police do have some discretion, and they have a moral responsible to not enforce immoral laws. If people and police rose up, these laws would be gone in no time.

      So, if an officer has probable cause based on his senses--and last time I checked smell is a sense--then if he does not search you then he is not doing his job.

      The problem is, it just makes it far too easy for the police to lie and say they smelled drugs just so they can harass you. Police should always have to wear cameras and judges should never just take them at their word.

    26. Re:Summary is hogwash by Anonymous Coward · · Score: 0

      All right, I found the exact citation and it's a >92% conviction rate for 2013. So, I was going off an incorrect stat before.

      Only 3% of cases go to trial, and 97% of convictions they obtained were the result of a guilty plea prior or during trial.

      Here you go: http://www.justice.gov/usao/re...

      The prosecutor threat of stacking of charges to induce a guilty plea is well documented elsewhere, so what was your point?

    27. Re:Summary is hogwash by NicBenjamin · · Score: 1

      So the cop says "I knew he was a criminal because I could smell the weed, there was a gun-like bulge in his pants, and he looked at me funny." The wee-dsmelling client goes to fucking jail.

      Lawyers obsession technicalities of the legal precedent that never mean anything in the real world would be endearing if they didn't get so self-righteous about said technicalities.

    28. Re:Summary is hogwash by AK+Marc · · Score: 1

      You are, by the 4th amendment, to be COMPLETELY free of unreasonable searches. Any searches must be deemed reasonable through the issuance of a warrant for the search, by a judge.

      Nope. You can't get searched for PC, but can for RS. If the police are outside a house and hear screams for help within, they can "search" the house. No need for a warrant or judge. Your definition of "unreasonable" is unreasonable.

    29. Re:Summary is hogwash by AK+Marc · · Score: 1

      But yeah, I didn't go deep enough; the best way I can put it is that 'I didn't want to write a book'.

      It isn't about volume, but quality. You quote the part of the Amendment about the standard for a warrant. That's irrelevant to the discussion, which is about when a warrant is required. You are always free of "unreasonable" searches. So the question isn't about the standard for a warrant, but what "reasonable" searches can be made without a warrant. When you ignore the topic, no matter how much you write, your point will mostly be missed.

    30. Re:Summary is hogwash by AK+Marc · · Score: 1

      A verbal summary of a contract is binding. "Is this the standard form" "yes" then you can sign without reading.

    31. Re:Summary is hogwash by AK+Marc · · Score: 1

      I prefer sending them to an exclusive gated community with lots of large males so they can learn how to make friends. You know, opening new doors and all that.

      Hahaha, a prison rape joke. The fact that our prisons are full of rape is the real joke. You are just training more lifelong criminals. Or isn't that the point of prison?

    32. Re:Summary is hogwash by Firethorn · · Score: 1

      there was a gun-like bulge in his pants

      Then eventually the case is thrown out when it's revealed that the officer's 'gun sense' has a 99.9% false positive rate. Besides, there's enough CCW licenses out there today that a gun printing isn't a reason to search somebody without other suspicion of a crime.

      The wee-dsmelling client goes to fucking jail.

      Yup, then later wins a $100k or so settlement. The citizen is happy because he got money, the police are happy that they got to pad their arrest stats, and the only ones screwed are the taxpayers.

      --
      I don't read AC A human right
    33. Re:Summary is hogwash by NicBenjamin · · Score: 1

      You got an example of a case like this?

      Ideally with someone using a public defender.

      You are claiming something is a universal right. I am claiming, that regardless of the high-faluting legal principles you're talking about, the Courts will not respect the right. If you prove somebody who is rich enough to drop $50k fighting his kids weed conviction, and you haven;t proven a universal right. You;ve proven that Judges will be really nice to rich people.

    34. Re:Summary is hogwash by NicBenjamin · · Score: 1

      BTW, if any word you were saying was tue, the Federal Appeals Court would not have upheld stop-and-frisk.

    35. Re:Summary is hogwash by Firethorn · · Score: 1

      Huh, that's not what wikipedia is saying:

      On October 31, 2013, the United States Court of Appeals for the Second Circuit blocked the order requiring changes to the New York Police Department's stop-and-frisk program and removed Judge Shira Scheindlin from the case.[27][28][29] On November 9, 2013, the city asked a federal appeals court to vacate Scheindlin's orders.[30][31] On November 22, 2013, the federal appellate court rejected the city's motion for a stay of the judge's orders.[32] Although the appellate court rejected the city's motion for a stay, the case still continues.

      Summary: The appeals court vacated the requirement for immediate cessation of the program, but didn't actually get rid of the orders to reform it into something constitutional.

      --
      I don't read AC A human right
    36. Re:Summary is hogwash by NicBenjamin · · Score: 1

      The Appeals Court removed Judge Scheindlein.

      She said the Fourth Amendment bans a policy that resulted in every black man in New York City being frisked, and the Appeals Court removed her. It reprimanded her in extremely strong language, accusing her of major ethical violations (they've changed their tune on this). Then they said the Stop-and-frisk program can continue until a new trial is held under a Judge who hasn't said that stopping all black people is racist and against the Fourth Amendment.

      Don't get me wrong. But that's not the ruling you issue if you think the Fourth Amendment is something more thena technicality to be reasoned away.

    37. Re:Summary is hogwash by dunkindave · · Score: 1

      It is well established, almost back to the establishment of contract law, that failure to thoroughly read a contract is no defense.

      Failure to thoroughly read a contract, in and of itself, is no defense.

      As long as the information was contained somewhere in the contract in a form readable by a human being then the party that produced the contract is in the right.

      Really? So if I put a line buried in the middle of a contract that says by signing you are conveying to me as consideration any and all rights to all real and personal property you own, then that clause is enforceable? Unreasonable conditions in a contract are not enforceable, and having a long, wordy, and legaleze rich contract HAS been held by the courts to potentially be a form of manipulation by sellers to deceive buyers. If a reasonable person would be shocked by something in a contract, then as a general rule it would probably not be enforceable unless the seller (the creator of the contract I might point out), explicitly singles it out to make clear the buyer knew about it and was OK with it. Hence, my original post's buried in a contract versus contained in its own form.

      I have infuriated many a company rep--sales, customer service, legal--by sitting down and actually reading the documents put in front of me. I worked at a realty agent for a while as a tech. I would say that fewer than 1 in 10 people buying a house read past the front page of their contract.

      I also normally, though not always, read contracts that many people just sign. I spent about 15 minutes reading the sales contract for a car I recently bought, which the salesman was fine with. When I bought my last house, I also read through all the documents before signing, which pissed them off, mostly because they scheduled the signing for 4:30PM on a Friday and they couldn't leave until I finished, which took till almost 8PM.

      It is wise to read anything you are signing, but failure to read it doesn't mean you are SOL if something bad was slipped in. IANAL.

  3. Danger, danger! Fear, Fear! by Anonymous Coward · · Score: 0

    The world will kill you unless you let everyone track everything you do every day! Repent!

  4. So? by island_earth · · Score: 4, Insightful

    And if we allowed the police to search our homes, cars, and persons on a daily basis, a whole lot more criminals would be caught. I'm glad a scumbag was caught before something worse happened, but let's not pretend that one positive outcome justifies personal tracking, stops-and-frisks, and other countless increases in violations of unreasonable search and seizure in our society.

    1. Re:So? by the+eric+conspiracy · · Score: 4, Insightful

      I'm a big 4th Amendment guy but I find it hard to see where anything the police did here can be criticized.

      Surely any judge would issue a warrant in a millisecond after seeing that horrific video.

    2. Re:So? by Anonymous Coward · · Score: 0

      It sounds like they at least followed proper procedures in getting the GPS data.

    3. Re:So? by Anonymous Coward · · Score: 0

      I agree with you.

      More searching of homes, cars and persons on a daily and continued basis will ferret out the criminals.

    4. Re:So? by Anonymous Coward · · Score: 0

      But did they? Because every article I have seen mentions nothing about a warrant. It is one situation if she knew the GPS was there and she was not the owner of the vehicle(1) and there was a warrant issued. If all 3 of these conditions were not met then the police overstepped their bounds.

      (1) Presuming the car lot still owned the car/ was carrying the note /or she did not ask to have it removed after finishing paying for the car

    5. Re: So? by Anonymous Coward · · Score: 0

      Why would a warrant be needed? The cops knew the dealer from his sticker on the car. All they had to do is ask the dealer where the car is.

    6. Re:So? by Anonymous Coward · · Score: 0

      What are you talking about? Are you trying to say the privacy rights of the lady who was kidnapped was violated? It wasn't her vehicle. How would the police know if the missing person knew the car she was kidnapped in had a GPS? Your post doesn't make sense. The kidnapper was male meaning it was a he.

      The police have always been able to ask for whatever they want. You can always refuse. The car lot didn't refuse, thus no warrant needed. You can argue that the lot shouldn't have that information, but that's a different argument.

    7. Re:So? by Anonymous Coward · · Score: 0

      > Surely any judge would issue a warrant in a millisecond after seeing that horrific video.

      Then get one if it is so easy.

      The problem is that rarely are such things so clear-cut. This case makes great propaganda for the less clear-cut situations. Do it right now when it is easy so that when it is hard the system is used to doing the right thing.

    8. Re:So? by gweihir · · Score: 1

      There is also the little fact that this type of success must be exceedingly rare, otherwise it would not have made the news.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    9. Re: So? by TWX · · Score: 1

      And in this case, if the police asked the dealership for the location of the vehicle without demanding it and didn't ask for a means to track the vehicle themselves, it might not make the evidence inadmissible. The dealership might be open to a civil suit by the criminal defendant for violating the terms of the contract, but he'll be rather busy for a long time and likely wouldn't be in a position to press a claim.

      --
      Do not look into laser with remaining eye.
    10. Re:So? by The+Ickle+Jones · · Score: 1

      The police have always been able to ask for whatever they want.

      And apparently the government can also ask companies to give it all of your information so they can conduct mass surveillance. In an era where you're necessarily going to be handing over tons of data to third parties, this attitude is unworkable in any free country.

    11. Re: So? by Anonymous Coward · · Score: 0

      So what? One life saved means it's worth it. Your irrational attachment to "privacy at all costs" would have doomed a person.

    12. Re:So? by Guppy06 · · Score: 1

      What does any of that have to do with the story here? The tracking device wasn't added by the police or even at the behest of the police, but by the buy-here-pay-here dealer, operating a business of the same respectability as payday lending and rent-to-own stores, who expect their customers to default. This wasn't done for cops but for repo men.

      By all means complain about a violation of privacy, but it isn't by the state. Rather this is the result of a financial system that promotes, aggravates, and profits off of poverty.

    13. Re: So? by Anonymous Coward · · Score: 0

      Why would a warrant be needed? The cops knew the dealer from his sticker on the car. All they had to do is ask the dealer where the car is.

      If you had noticed I stipulated that the dealer no longer owned the car. Or specifically I said a warrant would not be needed if the abductee was not the owner. The problem is that we cannot have private companies tracking products they do not have a right or request to track. If the company did not own the car they had no business tracking it without a warrant.

    14. Re:So? by Anonymous Coward · · Score: 0

      I am saying that only the owner of the vehicle should be able to authorize such tracking without a warrant. If the lot still owned the vehicle then fine they can give the data to whomever they want. If they did not, then they should have demanded a warrant else what is to stop the police from tracking anyone in a car with a should have been disabled GPS.

    15. Re: So? by DingerX · · Score: 1

      So they have video of the abduction, they have the victim, they have the place where he held and abused her, and you think, after the police made public appeals for information, any judge is going to toss the whole case because the car dealer installed a tracking device? They didn't discover the crime subsequent to installing a tracking device. They had a crime and a life in danger.

    16. Re: So? by The+Ickle+Jones · · Score: 1

      One life saved means it's worth it.

      This attitude is incompatible with freedom. There would be no restrictions upon the government if we were to take your stupid garbage seriously. There's a reason we're supposed to be (we aren't) "the land of the free and the home of the brave"; freedom is more important than safety, and free and brave people don't sacrifice fundamental liberties for safety. I would oppose the TSA even if it was effective. Same with DUI checkpoints, protest permits, the NSA's mass surveillance, and all the other unconstitutional nonsense. In case you don't understand why I'm bringing up those things, it's because your logic could be used to justify any intrusion.

      There's no such thing as perfect safety, and if it did exist, the world would be draconian and utterly devoid of freedom. No one could do anything, because it might endanger them. But no. Even if we don't do it enough, we have, on many occasions, rejected the "One life saved means it's worth it." logic. Where? By having a constitution which greatly limits the government's power.

    17. Re: So? by gweihir · · Score: 1

      No. Most decidedly not. Not even "many lives saved" is the joker that trumps all. Example: Banning fast food would safe countless lives. Yet do you think that would be compatible with the idea of freedom? And privacy? Look up occasionally, what the governments in the past used that data for and what the US government is going to use it for. Hint: In order to establish a totalitarian state, you have to identify and neutralize a number of specific people first.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    18. Re:So? by Anonymous Coward · · Score: 0

      A search is not unreasonable if it yields evidence of a crime. This case, if any, is a shining beacon for why we need ubiquitous surveillance, including private property. If it saves just one life, it's worth the effort.

    19. Re:So? by Actually,+I+do+RTFA · · Score: 1

      Surely any judge would issue a warrant in a millisecond after seeing that horrific video

      Scary thing you said one: The video should no bearing on the issuance of a warrant. As a rule, warrants should be issued on how reasonable a search it is, and likely to turn up evidence. Not, how horrifying the crime is.

      Scary thing you said two: You think a warrant would be necessary. The data is not the suspects, but the car company's. And the car company has no rights to privacy vis-a-vis that data to protect. So the government can just take it. See also, the metadata surveillance program.

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    20. Re:So? by Idarubicin · · Score: 1

      Scary thing you said one: The video should no bearing on the issuance of a warrant. As a rule, warrants should be issued on how reasonable a search it is, and likely to turn up evidence. Not, how horrifying the crime is.

      Oh, I don't know. The seriousness of the potential crime -- for which the police have genuine probable cause to suspect has occurred -- probably should have some bearing on the warrant that is issued. There is a balancing of interests here, which you actually have buried in your own comment. "How reasonable", in your words, likely includes "how horrifying" as one of its elements--you just saw an opportunity to try to score a cheap rhetorical point.

      Unless, of course, you believe that a judge should award a warrant with the same breadth and alacrity whether the video shows a kidnapping or the theft of a candy bar.

      --
      ~Idarubicin
    21. Re:So? by Insanity+Defense · · Score: 1

      A search is not unreasonable if it yields evidence of a crime. This case, if any, is a shining beacon for why we need ubiquitous surveillance, including private property. If it saves just one life, it's worth the effort.

      Incomplete

      A search is not unreasonable if there are FACTS known that make it PROBABLE that it will yield evidence of a crime AND that judgement is made by a judge not by the one advocating the search.

      Read 1984 by Orwell for a view of where "ubiquitous surveillance" leads. Note that novel is not a "How to manual" though it seems politicians disagree.

    22. Re: So? by Anonymous Coward · · Score: 0

      Typical american John Wayne macho bullshit. We Europeans have learned long ago that you cannot have your cake and eat it, and have decided - wisely - that your "freedom" is just nonsense. What society needs is order under law, and for people to understand they cannot function as individuals but as part of a community. We do not need your "freedom" to have guns, we prefer the safety of not being shot. We do not want "freedom" of speech, because we know where hate speech and unchecked political extremism lead. We do not care for your "free market", social democracy is much better. I like my free healthcare, how do you like yours? Oh yes, you don't have it. Keep working your ass off and getting shot by some random idiot, stupid yankee redneck.

    23. Re: So? by The+Ickle+Jones · · Score: 1

      We Europeans have learned long ago that you cannot have your cake and eat it, and have decided - wisely - that your "freedom" is just nonsense.

      Bullshit. Europeans have many rights that make law enforcement's job difficult. If you truly believed what you're saying, you'd advocate unlimited power for the government, and government surveillance everywhere. But you don't, because you know the "One life was saved so it's okay!" logic is absolute bullshit. And all of this assumes that the government can even be trusted, which is a claim that history (you even mentioned something implying some rather unfortunate historical events) does not support. In reality, being extremely cautious of the government is the way to maintain your freedoms.

      One life is *not* worth sacrificing everyone's freedom. Europe knows it. The US knows it. Plenty of countries know it. Though, to what extent they acknowledge this fact is up for debate.

      We do not want "freedom" of speech, because we know where hate speech and unchecked political extremism lead.

      Can you even scientifically prove in a rigorous manner that freedom of speech led to the events you're referring to?

      And they don't lead anywhere. Action leads somewhere. It's very telling that you're opposed to a fundamental right like freedom of speech.

      We do not care for your "free market", social democracy is much better.

      I never said anything about a free market. I'm talking about fundamental liberties here, like privacy, free speech, freedom of association, etc. I believe in reasonable regulations on business because I don't believe fundamental liberties are violated in those cases, so stuff it.

      Anyway, stop wasting my time with your nonsensical authoritarianism. Just move to North Korea and be done with it.

    24. Re:So? by AK+Marc · · Score: 1

      The police are *always* allowed to ask "illegal" questions. You must assert your rights to keep them. The Miranda warning is the only exception, but that's more a symbol of the distinction between being "detained" and being "arrested", rather than an actual enumeration of rights.

      The police are free to ask your mother where you are. She is free to decline to answer. If she doesn't, the information obtained wasn't illegally obtained. The same is true of asking a dealer if they know where the car is. The police didn't track the car. They asked a person with knowledge about it. 100% legal under every ruling and law, so long as there wasn't some prior relationship that makes the person asked an agent of the government.

  5. Always a bad first case. by Anonymous Coward · · Score: 1

    There's always some child molester caught/charged or person saved by some new'' technology the government would like to see on 'everyone; this is pushed/promoted and used to mitigate the privacy issues.

    So whaqt's coming/here already? trackers in every pocket(cell phone), remote shutdown/control of all vehicles(coming 2017?).
    etc etc etc

  6. There's small print... by Anonymous Coward · · Score: 0

    ...somewhere in the contract paperwork where you agree to allow them to do it until you pay off the car.

  7. Meh, I can't bring myself to care by rsilvergun · · Score: 1

    the dangers of the police state pale in comparison to what 40 years of declining wages and eroding worker's rights have done. When it comes right down to it money is freedom. The rich don't worry about stop and frisk....

    --
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    1. Re:Meh, I can't bring myself to care by Anonymous Coward · · Score: 0

      If you had read some history you would know that one usually follows the other. So you really should care.

    2. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 2

      Without freedom, we are nothing, even if we had money. I don't care how 'prosperous' a certain country is; if it's not free, then it's worthless to me.

    3. Re:Meh, I can't bring myself to care by PopeRatzo · · Score: 1

      the dangers of the police state pale in comparison to what 40 years of declining wages and eroding worker's rights have done.

      I tend to think of those two as going hand in hand. Declining wages and shrinking workers rights have led to less empowered and less engaged citizens. That let's government get away with creating a police state.

      It's actually been more like 35 years of declining wages. I trace it back to the election of the 40th president. He-Who-Must-Not-Be-Named-and-May-He-Suffer-In-Hell. Even in the stagflation of the late 70s, workers were holding ground pretty well and inequality was not increasing.

      --
      You are welcome on my lawn.
    4. Re:Meh, I can't bring myself to care by NicBenjamin · · Score: 1

      So the early 19th-century Cherokee, with absolutely no government to restrict any of their freedoms, were better off then the Georgians?

      If you don't accept that some restrictions on your freedom are necessary for your government to function you;ll end up in the same situation they did: completely at the mercy of another government that does restrict some freedoms. It's a very tricky balance.

    5. Re: Meh, I can't bring myself to care by Anonymous Coward · · Score: 0

      I'll name him.

      Ronald Wilson Reagan

      Criminals always have three names you know.

    6. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      So the early 19th-century Cherokee, with absolutely no government to restrict any of their freedoms, were better off then the Georgians?

      Wow, nice straw man. Consider the context of the discussion.

      It's a very tricky balance.

      Here's a "balance" for you: The government should follow the constitution. The end.

    7. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      In case it's not obvious, I was saying that a country with a bad economy but a great amount of freedom is better than a country with a good economy but with few freedoms. I'm not sure how you interpreted that as supporting anarchy, or whatever.

    8. Re:Meh, I can't bring myself to care by NicBenjamin · · Score: 1

      So the early 19th-century Cherokee, with absolutely no government to restrict any of their freedoms, were better off then the Georgians?

      Wow, nice straw man. Consider the context of the discussion.

      You said "Without freedom, we are nothing, even if we had money. I don't care how 'prosperous' a certain country is; if it's not free, then it's worthless to me."

      That's not the kind of thing you say if you're gonna agree to any restriction on freedom.

      If you were unclear that's one thing, but the following sentence actually does not clarify things very much:

      It's a very tricky balance.

      Here's a "balance" for you: The government should follow the constitution. The end.

      Great idea in theory.

      In practice nobody agrees on what the damn thing means. Seriously, a very large proportion of the US population is absolutely convinced that the government is supposed to be Judeo-Christian despite the a) Establishment clause, b) Free Exercise clause, and c) a near-total lack of the first half of the Judeo-Christian equation from US Government prior to the late 19th century. The Second Amendment inspires passionate debates about whether it creates a right for states to have a militia, a personal right to own firearms for self-defense, which firearms are covered, etc. The Fourth Amendment, which you seem to be advocating for, has at least three buts in it.

    9. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      That's not the kind of thing you say if you're gonna agree to any restriction on freedom.

      No, that's just normal human language, where you don't necessarily qualify everything you say, because it's not necessary.

      In practice nobody agrees on what the damn thing means.

      In practice, it's mostly just people ignoring what it says/what it intended for convenience. Example: Authoritarians ignoring the spirit of the fourth amendment (among other things) so they can have their mass surveillance.

      It's not really a problem, because they're just as wrong as if they said that 1 + 1 = 3.

    10. Re:Meh, I can't bring myself to care by Anonymous Coward · · Score: 0

      You obviously do not grasp what you are talking about. Try reading Democracy in America by deTocqueville

    11. Re:Meh, I can't bring myself to care by Kijori · · Score: 1

      Without freedom, we are nothing, even if we had money. I don't care how 'prosperous' a certain country is; if it's not free, then it's worthless to me.

      That's not an idea, it's a soundbite.

      Freedom is not binary. A country is not either free or unfree. What is a reasonable reduction in individual freedoms at one minute might be impermissible the next.

      Saying "if it's not free, then it's worthless" is just a way of refusing to confront the actual difficult choices regarding personal freedom.

    12. Re:Meh, I can't bring myself to care by Kijori · · Score: 1

      In practice, it's mostly just people ignoring what it says/what it intended for convenience. Example: Authoritarians ignoring the spirit of the fourth amendment (among other things) so they can have their mass surveillance.

      An interesting example when you're trying to show that the constitution is unambiguous. Where's the part in the fourth amendment that prohibits any form of surveillance? It doesn't even mention surveillance.

    13. Re:Meh, I can't bring myself to care by NicBenjamin · · Score: 1

      That's not the kind of thing you say if you're gonna agree to any restriction on freedom.

      No, that's just normal human language, where you don't necessarily qualify everything you say, because it's not necessary.

      So you are claiming I totally misinterpreted you, and it's all my fault because you are a beacon of clarity in an otherwise unclear world?

      Dude, you ain't that good.

      In practice nobody agrees on what the damn thing means.

      In practice, it's mostly just people ignoring what it says/what it intended for convenience. Example: Authoritarians ignoring the spirit of the fourth amendment (among other things) so they can have their mass surveillance.

      It's not really a problem, because they're just as wrong as if they said that 1 + 1 = 3.

      So you don't tell us anything about the Fourth Amendment, except that it's anti-authoritarian and anti-mass-surveillance in spirit? Anti-Authoritarianism does not gain credibility from Appeals to Authority.

      Has it ever occurred to you that a) you should probably read the Fourth Amendment before making claims about it, and b) if the Founders included multiple 'buts' in the Amendment explicitly precluding it from being used the way you think it should be used, then it follows that you probably don't understand the spirit of the Amendment.

    14. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      So you are claiming I totally misinterpreted you, and it's all my fault because you are a beacon of clarity in an otherwise unclear world?

      No, I'm claiming that I think that saying that I'm for anarchy or something similar just because I wasn't absolutely precise is an unreasonable interpretation of my words.

      So you don't tell us anything about the Fourth Amendment, except that it's anti-authoritarian and anti-mass-surveillance in spirit?

      It's both. Why would go in depth about it in an unrelated discussion?

      Anti-Authoritarianism does not gain credibility from Appeals to Authority.

      No clue what you mean.

      Has it ever occurred to you that a) you should probably read the Fourth Amendment before making claims about it, and b) if the Founders included multiple 'buts' in the Amendment explicitly precluding it from being used the way you think it should be used

      The founders couldn't have predicted mass surveillance on this scale. Still, they were opposed to general warrants (and that's with a judge actually providing checks and balances), and likely would have taken measures against it had mass surveillance been used against them (assuming they survived). Given that they took action against other injustices that they knew of at the time, any other interpretation seems unreasonable.

    15. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      Simple logic. The founders were opposed to general warrants, and also took steps to prevent all sorts of injustices that they knew of at the time, so had mass surveillance been used against them, they likely would have taken steps against it. Also, the constitution says that people should be secure in their papers (I'm focusing on this part). That's not for the actual papers themselves, but the information contained on the papers. I find it highly absurd to think that mass surveillance could ever be deemed unreasonable under these circumstances.

      The fourth amendment isn't the only problem. Where's the part of the constitution that explicitly permits surveillance of this scale?

      And anyway, I didn't say the constitution was completely unambiguous; just not as much as some people think.

    16. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      Freedom is not binary. A country is not either free or unfree.

      Right. Next time, I'll be sure to write multiple pages describing all the freedoms I believe are fundamental, just to please your pedantry.

      What is a reasonable reduction in individual freedoms at one minute might be impermissible the next.

      Depends on the freedom. Depends on the issue. Depends on what the constitution has to say about it.

    17. Re:Meh, I can't bring myself to care by Kijori · · Score: 1

      As I understand it, you're saying that based on the reasoning behind the fourth amendment, had the draftsman envisioned mass surveillance he would also have prohibited it? So in other words, the actual language of the amendment doesn't prohibit it?

      A constitution sets hard limits on the power of the government, that cannot be changed without enormous popular support. It should be as unambiguous as humanly possible. The problem if it is not is that it gives policy decisions to judges rather than to the legislature, leading to a politicised judiciary.

      Unfortunately the US constitution was written at a time when legal drafting was much less developed than it is now. It was also probably deliberately vague, since it was the result of parties coming together who didn't agree on everything.

    18. Re:Meh, I can't bring myself to care by Kijori · · Score: 1

      Right. Next time, I'll be sure to write multiple pages describing all the freedoms I believe are fundamental, just to please your pedantry.

      I'm hardly asking for multiple pages. There's a difference between summarizing your opinion shortly, and simplifying it so far that it becomes meaningless.

      When you say "Without freedom, we are nothing" you aren't taking a position in the debate at all. The debate isn't between people who think freedom is important and people who think it isn't. It's between different views as to what "freedom" actually means. Just saying that you think freedom is important, without saying what freedom means to you, is just standing on the sidelines.

      What is a reasonable reduction in individual freedoms at one minute might be impermissible the next.

      Depends on the freedom. Depends on the issue. Depends on what the constitution has to say about it.

      Well, yes, exactly. But that's the entire debate.

      If you don't want to engage with that debate, what are you in favour of when you're in favour of "freedom"? "Fundamental freedoms should never be abridged, and I'll know which ones are fundamental freedoms once these guys work it out"?

    19. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      When you say "Without freedom, we are nothing" you aren't taking a position in the debate at all.

      I am. Being greatly free in a country with a bad economy is better than being hardly free in a country with a good economy.

      If you don't want to engage with that debate, what are you in favour of when you're in favour of "freedom"? "Fundamental freedoms should never be abridged, and I'll know which ones are fundamental freedoms once these guys work it out"?

      Well, if there were serious talks, you'd need to be specific. But not on random Slashdot posts where you'd just giving some general principle.

    20. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      As I understand it, you're saying that based on the reasoning behind the fourth amendment, had the draftsman envisioned mass surveillance he would also have prohibited it? So in other words, the actual language of the amendment doesn't prohibit it?

      Yes, not explicitly.

      A constitution sets hard limits on the power of the government, that cannot be changed without enormous popular support. It should be as unambiguous as humanly possible. The problem if it is not is that it gives policy decisions to judges rather than to the legislature, leading to a politicised judiciary.

      If it were more specific, that would be great. People writing such a thing today would know of more government powers that need to be explicitly forbidden.

      Unfortunately, courts oftentimes side against the rights of the people in favor of increasing government power when they shouldn't. So yes, a new amendment going into more (it can't ever be 100% precise) detail would be great, but the current people in government likely wouldn't allow it.

    21. Re:Meh, I can't bring myself to care by Kijori · · Score: 1

      What is the general principle? You're in favour of freedom? Great, so is everyone on both sides of the debate. You've established that you could be on one side, or the other side, or not on either side at all.

      It's like an argument between two software developers. One says that the program should prevent the computer going to sleep, because the work it's doing is important enough to justify running the battery down. The other says it shouldn't; the user could need all that battery life, and the work the program is doing isn't important enough to justify running it down. "The Ickle Jones", they say, "what do you think"?
      "Well, without a usable battery, a laptop is pointless. Programs should only prevent the computer going to sleep when they are doing something sufficiently important to justify it.".
      Fantastic. Battery life is important, so you shouldn't reduce it without a good reason. You've managed to identify the point that they were discussing. But it tells us nothing about how to actually answer the question.

    22. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      "the dangers of the police state pale in comparison to what 40 years of declining wages and eroding worker's rights have done."

      I disagreed. A police state is worse. That's all.

    23. Re:Meh, I can't bring myself to care by AK+Marc · · Score: 1

      They also didn't put in any protections of privacy, despite being terrorists who hid their identity on numerous occasions, though also announced their identity and stood by there actions at other times. Arguably the 9th and 10th Amendments are protections on privacy, but the present rulings on privacy are implied from the 4th, 5th, and 14th Amendments, and the 9th and 10th Amendments are considered meaningless.

    24. Re:Meh, I can't bring myself to care by AK+Marc · · Score: 1

      They also wouldn't consider standing on the street corner looking at people in plain sight as a "search", so the 4th wouldn't apply to surveillance, mass or otherwise.

    25. Re:Meh, I can't bring myself to care by AK+Marc · · Score: 1

      If in one country one is free to marry who they want, and in another, one is free to own and carry firearms (and in each case, the other freedom doesn't apply), would you consider both to be unfree, thus not worthy of consideration? Or can one determine by their own opinion, not yours, which freedoms are more important and agree in principal, but disagree 100% on the application of Ickle's Law?

    26. Re:Meh, I can't bring myself to care by NicBenjamin · · Score: 1

      So you are claiming I totally misinterpreted you, and it's all my fault because you are a beacon of clarity in an otherwise unclear world?

      No, I'm claiming that I think that saying that I'm for anarchy or something similar just because I wasn't absolutely precise is an unreasonable interpretation of my words.

      If you want people to interpret you precisely, you have to be precise.

      So you don't tell us anything about the Fourth Amendment, except that it's anti-authoritarian and anti-mass-surveillance in spirit?

      It's both. Why would go in depth about it in an unrelated discussion?

      Anti-Authoritarianism does not gain credibility from Appeals to Authority.

      No clue what you mean.

      Has it ever occurred to you that a) you should probably read the Fourth Amendment before making claims about it, and b) if the Founders included multiple 'buts' in the Amendment explicitly precluding it from being used the way you think it should be used

      The founders couldn't have predicted mass surveillance on this scale. Still, they were opposed to general warrants (and that's with a judge actually providing checks and balances), and likely would have taken measures against it had mass surveillance been used against them (assuming they survived). Given that they took action against other injustices that they knew of at the time, any other interpretation seems unreasonable.

      So they set up a totally new level of government, specifically giving it the power to create the very first massive database of every American (aka: the Census), while failing to put any particularly meaningful checks on data gathering, and you're 100% positive their response to a massive database of trivial tweets would be to freak the fuck out?

      Read the actual Amendment. And don't do that thing Americans always do where they read it specifically to find out everyone who has ever disagreed with you is a fucking moron. There are multiple ways the Founders could find everything the NSA does is perfectly legal.

      They could declare it "reasonable." They could say the warrant issued by the FISA Court is fine. They could declaim at length on how the Fourth Amendment does not apply because it is restricted to the President's Law Enforcement powers of Search and Seizure, and a Military Signals Intelligence Agency (the NSA) is authorized under his Commander-in-Chief powers, in which case the problem with the program isn't that it exists, it's that the President is wasting everyone's time by getting it repeatedly authorized (and re-authorized) by the FISA Court.

      Note that the absolute best bet is that they'd disagree. The Founders were not supermen with intellects millions of times greater then those of modern men, able to easily interpret the Constitution. They were ideological assholes just like us. The Federalists (like Washington and Adams) would almost certainly claim you were a fool for even bringing up the Fourth, because to them the Commander-in-Chief power was second only to God. Jefferson was not quite that enamored of the Commander-in-Chiefship, so he'd probably agree with you, but on the other hand he could easily agree with the current US Court system and say that warrants issued by the FISA Court are perfectly valid.

    27. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      If you want people to interpret you precisely, you have to be precise.

      Right, I'll be sure to be a pedantic asshole the next time you say something that isn't 100% precise. Or you could learn to understand simple human language.

      and you're 100% positive their response to a massive database of trivial tweets would be to freak the fuck out?

      You've revealed your true colors by trivializing the situation. This so-called "metadata" (which is just data) could've been used to find Paul Revere. When you have rights groups all over up in arms about this because the government is unconstitutionally gathering everyone's data, you know there is a problem. This is no less than a mass violation of people's fundamental liberties, and you are an authoritarian to the core to even suggest otherwise.

      Oh, and it's not just tweets, you ignorant fucking fool. There, you weren't 100% precise and didn't describe all the sorts of data they're collecting. Should've been more precise, idiot.

      So they set up a totally new level of government, specifically giving it the power to create the very first massive database of every American (aka: the Census)

      You're bullshitting by comparing the Census to mass surveillance of people's communications.

      Read the actual Amendment. And don't do that thing Americans always do where they read it specifically to find out everyone who has ever disagreed with you is a fucking moron. There are multiple ways the Founders could find everything the NSA does is perfectly legal.

      And if they did, they'd be wrong. The end.

      Read the actual Amendment.

      I did. Its spirit clearly forbids mass surveillance. I would suggest you read the actual amendment, but you read everything through authoritarian goggles.

      Also, the founders were not the be-all end-all, and I didn't try to make it seem like that; they violated the constitution as well. I speak of the constitution's spirit, and gave more arguments than just "The founders would've disagreed," which I still believe.

    28. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      They also didn't put in any protections of privacy, despite being terrorists who hid their identity on numerous occasions, though also announced their identity and stood by there actions at other times. Arguably the 9th and 10th Amendments are protections on privacy, but the present rulings on privacy are implied from the 4th, 5th, and 14th Amendments, and the 9th and 10th Amendments are considered meaningless.

      Indeed, privacy rights are implicitly protected. And too bad the 9th and 10th amendments are rarely considered.

      They also wouldn't consider standing on the street corner looking at people in plain sight as a "search", so the 4th wouldn't apply to surveillance, mass or otherwise.

      I'm not sure how standing on a street corner looking at people in plain sight is at all equivalent to conducting mass surveillance of people's communications. Are we talking about the same thing, or are you attempting some sort of cute 'trick' where you equate unencrypted communications (almost a necessity in modern day life, even if you don't want the government to conduct surveillance on you) to standing on the street corner in plain sight?

      If in one country one is free to marry who they want, and in another, one is free to own and carry firearms (and in each case, the other freedom doesn't apply), would you consider both to be unfree, thus not worthy of consideration?

      I would say both are unfree, since you're asking me specifically. Of course, others are free to not care about certain freedoms, so what freedoms are important is my opinion.

    29. Re:Meh, I can't bring myself to care by AK+Marc · · Score: 1

      I'm not sure how standing on a street corner looking at people in plain sight is at all equivalent to conducting mass surveillance of people's communications.

      It isn't. Do you even remember the article you are replying about?

    30. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      I did bring up mass surveillance to NicBenjamin, but what you said definitely makes more sense in the context of the actual article. Sorry.

    31. Re:Meh, I can't bring myself to care by david_thornley · · Score: 1

      You know how else they could have found Paul Revere? Send a few people to talk to people, walk into open meetings, that sort of thing. Revere was very politically active and knew a lot of people. If the British didn't know about him they didn't care.

      Also, whenever you're forced to argue about the spirit of a law you are de facto acknowledging that the law doesn't outright say what you wish it did, and that other reasonable interpretations are possible. I think it likely that, if the Founders had any idea what mass surveillance (which was impossible with the technology of the time or the technology of the next two centuries), they would have banned it, but I'm not sure.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    32. Re:Meh, I can't bring myself to care by The+Ickle+Jones · · Score: 1

      You know how else they could have found Paul Revere?

      Irrelevant. They could have found him through other means, but the point is that metadata is not trivial. You can find out all about someone based on "metadata" alone. It's been pointed out numerous times by many people (the EFF, for instance) just why even something like metadata matters.

      Also, whenever you're forced to argue about the spirit of a law you are de facto acknowledging that the law doesn't outright say what you wish it did, and that other reasonable interpretations are possible.

      Arguing that mass surveillance is constitutional is not a reasonable interpretation to begin with.

    33. Re:Meh, I can't bring myself to care by david_thornley · · Score: 1

      Arguing that mass surveillance is constitutional is not a reasonable interpretation to begin with.

      In which case you should be able to find something in the Constitution, as amended, that deals with this. Instead, we find protection for my private effects, but no restrictions on observing my public actions.

      If a police officer wants to keep an eye on me in public places, that's cool. If the police want to mount a surveillance effort on me, well, nothing I can do about it. Similarly, if an officer walks into a store I was in and ask questions, they can legally do that and there isn't much I can do to stop it. The step from there to mass surveillance is simply automation, and it seems to me reasonable to argue that there is no prohibition on large numbers of legal acts, despite you and me believing that the Founders would probably have banned it had they seen it as an actual possibility.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    34. Re:Meh, I can't bring myself to care by NicBenjamin · · Score: 1

      If you want people to interpret you precisely, you have to be precise.

      Right, I'll be sure to be a pedantic asshole the next time you say something that isn't 100% precise. Or you could learn to understand simple human language.

      And if you find such a slip-up I'll at least acknowledge I was unclear.

      Considering the pathetic nature of the one attempt you make in this post I'm not holding my breathe.

      and you're 100% positive their response to a massive database of trivial tweets would be to freak the fuck out?

      You've revealed your true colors by trivializing the situation. This so-called "metadata" (which is just data) could've been used to find Paul Revere. When you have rights groups all over up in arms about this because the government is unconstitutionally gathering everyone's data, you know there is a problem. This is no less than a mass violation of people's fundamental liberties, and you are an authoritarian to the core to even suggest otherwise.

      You know what else right's groups were up in arms about? Reconstruction. Their attempt to increase freedom by decreasing the authority of the Feds ended up turning most of the South into a dystopian hellscape for nearly a century, during which the anti-authoritarian state governments use anti-authoritarian rhetoric to allow private citizens to ethnically cleanse their territory of black people. Note that in a couple of states (SC and either AL or MS) the majority of voters were black during Reconstruction, so it was not easy for the white minority to take over.

      That's the thing that makes protecting freedom very complicated in the US, the number one biggest threat to freedom in these united states is not the official authority of the Feds, it's the totally unofficial authority of your next door neighbor, his Gatt, and his 15 best friends.

      Oh, and it's not just tweets, you ignorant fucking fool. There, you weren't 100% precise and didn't describe all the sorts of data they're collecting. Should've been more precise, idiot.

      So you're demanding that everyone assume a paean to anarchy isn't a paean to anarchy because anarchists don't exist, but a simplification of a complex database topic, which you brought up without explaining which mass surveillance you were trying to oppose, is complete BS.

      Whatever you say. I shouldn't have said that it's a database of trivial tweets, I should have assumed that you meant all electronic monitoring of anyone, including the Russian Air Force.

      Now, since you've made which database we're talking about a key part of your argument, precisely which database are we talking about.

      So they set up a totally new level of government, specifically giving it the power to create the very first massive database of every American (aka: the Census)

      You're bullshitting by comparing the Census to mass surveillance of people's communications.

      You realize most American Jews put their ethnicity on the Census in some form -- it isn't asked directly, but quite a few people will write in Israeli, Hebrew, Yiddish, etc. on their census forms when it asks for ethnic background. It's also got income information, social security numbers, all kinds of sensitive information. The Census list is actually the only Federal mass database that's ever been abused -- it was used to find Japanese folks to round up in '42. That took a special act of Congress, an Executive Order from the President, and special orders written by the Army's West Coast commander.

      Note that to my knowledge, no authoritarian regime has ever been able to abuse any database of communications. It's much easier for them to go around asking people whether their neighbors are Jewish, then set up a Jew-list in the capital based on an algorithm. After all, if you're actually going to expel/murder/etc. all the Jews you'll need an a

  8. North Korea is our Future by ad454 · · Score: 5, Insightful

    Just think of all of the crimes we can prevent or solve, if we place the entire American population in prison camps, with 24/7 monitoring, restricted movement, restricted access to information, and public displays of punitive punishment.

    Why is this not being done? Won't someone please think of the children?

    North Korea has show the world the way to the future, with our increasing plutocratic societies in the west with decreasing human rights.

    1. Re:North Korea is our Future by Anonymous Coward · · Score: 0

      I think the prison crime rate might go up. Then again, corruption might be greatly reduced. No more back deals with 24/7 monitoring. Actually, we'd come out ahead, assuming it was applied evenly to everyone, but that would never happen.

      Thinking of the children, every adult is a possible aggressor against someone else's kid. We should just put all the adults in prison. The kids can run the country. It'll be a great learning experience for them. Yay for improved education! I think you're onto something. I keep hearing about princes running African countries. They have tons of money, more than most of the adults there.

    2. Re:North Korea is our Future by Joe_Dragon · · Score: 1

      The GOP will not want to pay for that as they will have to have higher taxes.

    3. Re:North Korea is our Future by gweihir · · Score: 1

      Simple solution: Do a national nuclear suicide. No more crime after that. Surely, that must make it worth it?

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:North Korea is our Future by phorm · · Score: 1

      "Why is this not being done? "

      It's not?

    5. Re:North Korea is our Future by Anonymous Coward · · Score: 0

      It'll all be fine, those who could be afford to pay would be exempt, of course, since their wealth is too important. This will also solve the problem of having to decide whom to put inside the prison and whom to rule them.
      Also, they won't be called prisoners, but debtors working off their debts through a public-private partnership.

    6. Re:North Korea is our Future by Anonymous Coward · · Score: 0

      The GOP understands that we are already paying enough to expect effective LE. The cops are well equipped, protected and numerous. If they aren't performing, more money isn't going to fix it.

    7. Re:North Korea is our Future by JimSadler · · Score: 1

      Well our prisons have plenty of crime inside the walls and maximum security and other measures have not stopped crime in prisons.

  9. Re:Typical!! by Anonymous Coward · · Score: 5, Insightful

    Informative? Seriously? It's not just "the left" that is concerned with privacy, and desiring privacy has nothing to do with wanting criminals to escape.

  10. Re:Typical!! by epyT-R · · Score: 1, Insightful

    The left is not concerned with privacy. Neither are the neocons. I just want my due process rights, privacy, and money back, thanks. Any such devices like this would be removed from any car I buy, law be damned. I don't care. I will not be treated like cattle.

  11. Buy The Damn Car by TrollstonButterbeans · · Score: 2

    If you want the rights of ownership, buy the freaking car or have a non-"dog-shit" credit score and be able to get a loan from a bank.

    This guy DID NOT own the car.

    He was making payments on it with a "Buy Here, Pay Here" lender --- these people finance high risk loans no one else will do and have restrictive terms as a result.

    There was so offense against anyone's rights here.

    He had horrific credit so had to do "Buy Here, Pay Here" --- which is better than "having to hoof it".

    If you want full property rights, you need to actually purchase the property.

    --
    Priest: "Universe from nothing, no laws of physics, sped up time"+ huge discrepancies. Creationism? No. Big Bang Theory
    1. Re:Buy The Damn Car by Anonymous Coward · · Score: 0

      If you want the rights of ownership, buy the freaking car or have a non-"dog-shit" credit score and be able to get a loan from a bank.

      Might be hard for some to keep a "non dog-shit" credit score when scummy corporations and businesses can fuck over your credit score just by making false claims, and making it difficult to correct/check.

      which is better than "having to hoof it".

      I disagree. I've seen the absurd amount of money other people waste on cars. Sometimes it's necessary, but a lot of the time it isn't. I can walk/ride a bike and rent a car when I need one.

    2. Re:Buy The Damn Car by Anonymous Coward · · Score: 0

      Sorry, just buy a used vehicle. Cheaper, you can pay cash, and you own the damn thing. You can save enough money to buy a car in a month on barely above minimum wage, maybe a few months if you're really bad at saving. If you're living so far past your means you can't afford to save enough for a car, you can't afford a loan payment anyway.

      Vehicles are tools. Buy a cheap one, save for a better one. Don't waste your money on loans.

    3. Re:Buy The Damn Car by Anonymous Coward · · Score: 0

      I save money by *not* doing that. As I said, I walk and bicycle 99% of the time, and rent a car otherwise. This option is available to me, and it's far cheaper than buying a car and paying insurance, for license plates, etc.

      I can afford a car. Unlike most Americans, I see no need in wasting my money. I'll be retired at 40 thanks to my investments.

    4. Re:Buy The Damn Car by Anonymous Coward · · Score: 0

      Okay, sure, but we're not talking about people who rent a car for once-in-a-while use. Generally, people who lease a car intend to own the car.

      You are not the target market, nor the topic of discussion.

    5. Re:Buy The Damn Car by TrollstonButterbeans · · Score: 2

      Car loans are secured loans. Even people with bad credit can get a car loan through a bank. Banks love car loans to people with bad credit because they can charge 25.9% interest.

      One scummy company can't put you beyond the ability to get a car loan.

      To be in "Buy here, Pay here" territory, you have to have an absolutely abysmal credit score in the 400s by seriously not honoring your debts with many places over a decent period of time.

      Someone just doesn't magically get a 400-499 credit score. And one company screwing you over can't do it.

      --
      Priest: "Universe from nothing, no laws of physics, sped up time"+ huge discrepancies. Creationism? No. Big Bang Theory
    6. Re:Buy The Damn Car by Anonymous Coward · · Score: 0

      While your other three statements are correct, the first one is just wrong. Yes car loans are secured loans but they are secured by an asset that loses value dramatically and quickly so no banks do not like lending to people with bad credit no matter what interest percentage they can charge. People with bad credit are more likely to default (which is generally why they have bad credit) and then the bank is stuck with an asset which is worth less than what they had loaned. This is why the realm of high risk lending is done almost exclusively by the dealers themselves because the banks are not in the car dealership biz which is what you need to be in for this model of lending to be profitable.

    7. Re:Buy The Damn Car by Anonymous Coward · · Score: 0

      Not all car loans are secured. I just got one from LightStream (online) at a very competitive rate. No lien-holder on the title. On the other hand they require you to have substantial credit with a long history . . . so they probably see the extra paperwork costs as a burden compared to the few repossessions they would be doing.

    8. Re:Buy The Damn Car by Anonymous Coward · · Score: 0

      Freedom is for the rich? If you don't have enough money, people can track you in your car. Listen to your phone conversations because the phone is on contract. Your emails can be read because they are on the isp's server. You house or apartment can be searched because you are only paying rent/load payments to continue to have permission to occupy space?

      Whatever, dude.

      When even the peasants complain about the peasants, you know you have won.

    9. Re:Buy The Damn Car by AK+Marc · · Score: 1

      He was making payments. He owned it. He didn't go to a rent-to-own place. Those are even lower than "BH,PH" places.

  12. Re:OMG I FP'd! by Anonymous Coward · · Score: 0

    what cock? I don't see anything

  13. Re:Typical!! by davester666 · · Score: 1

    Except how do you know such a device is installed on your car? Do you examine it everywhere, and compare what is there with photographs of a know-safe car? Or against the wiring diagrams from the manufacturer? Don't forget behind or inside of other things, like behind the glovebox?

    --
    Sleep your way to a whiter smile...date a dentist!
  14. Fascism also reduces some sorts of crimes by gweihir · · Score: 2

    That does not make it a good idea. That this makes the news just shows how exceedingly rare such a "success" is. With sane laws, a practice like this would send the dealer to prison for a few years.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Fascism also reduces some sorts of crimes by TWX · · Score: 2

      Having been acquainted with someone that has in their possession a vehicle that has been in-default for the better part of a decade, squirreled away in a backyard now after it spent considerable time in a relative's garage so to not be in plain view while the repo company was still looking for it, I'm not really so against this for high-risk buyers.

      --
      Do not look into laser with remaining eye.
    2. Re:Fascism also reduces some sorts of crimes by Anonymous Coward · · Score: 0

      Fascism is a crime itself, so no.

    3. Re:Fascism also reduces some sorts of crimes by gweihir · · Score: 1

      I have no issue with doing this openly. I object to the secrecy.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:Fascism also reduces some sorts of crimes by gweihir · · Score: 1

      Fascism is not a crime at all. Even for the Nuernburg trials, they had to break fundamental legal principles and invent crimes in order to be able to "convict" the Nazi elite. Fascism is a form of government, including a legal system and whoever controls the legal system gets to define what is a crime and what not.

      Fascism is deeply unethical though, that is what you might have been thinking of. But one look at the modern US legal system should convince anybody that the law does not have any necessary relation to ethics. That is just the propaganda used to spin more and more repressive laws.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  15. Re: Typical!! by Anonymous Coward · · Score: 1

    Umm no, you use a bug sweeper device that beeps louder the closer you get to a radio source. Just like in the movies, except for real.

  16. Re:Typical!! by TWX · · Score: 4, Informative

    There are only so many places where always-on 12V power could be tapped into, and it wouldn't be that difficult for an electronics nerd to figure out what circuit the draw is on by doing a DC amperage test at the fuse panel(s), or to check the few places that could tap into the wiring harness before the fuse panel.

    If I didn't find something starting there, I'd pull the front kick-panels, the glove compartment liner, and the lower dash knee bolster on the driver's side, and look for things that don't seem right. Since there are only so many ways to tap into a wire quickly and cheaply, they'd probably use quickconnects of some kind and those would stand out relative to factory wiring. Behind the A-pillars, I'd check the wiring for the trunk light. Just about everything else is switched.

    On a really modern vehicle it's even worse in some ways (for the person hiding an accessory) because just about everything, both switches and devices, runs back to the body control module, so one can't really tap off of any of that stuff and must go back to the fuse panel.

    --
    Do not look into laser with remaining eye.
  17. What's "buy-here-pay-here" ? by thegarbz · · Score: 1

    For those of us who don't know, or those of us who aren't in the states if this is a USA thing, what's a "buy-here-pay-here" dealer?
    How is it different from any other dealer?

    1. Re:What's "buy-here-pay-here" ? by Anonymous Coward · · Score: 1

      People with good credit get bank loans and pay the bank for the car. Or people with money just buy the car. That type of dealer caters to people with bad credit who they hope will default so they can sell the car a few more times. That's why they put GPS in the car. They will need to repo the car at some point in the near future.

    2. Re:What's "buy-here-pay-here" ? by Jeremi · · Score: 2

      For those of us who don't know, or those of us who aren't in the states if this is a USA thing, what's a "buy-here-pay-here" dealer?
      How is it different from any other dealer?

      They specialize in selling cars to people who can't really afford them. Their customers are considered high risk and can't get credit elsewhere, so they charge high interest rates. When said people fall behind on their payments, they repossess the cars and sell them again to someone else. It's not uncommon for a dealer to sell the same used car 5 or 6 times. It's a fairly dodgy business model.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
  18. Re:Typical!! by fluffy99 · · Score: 4, Interesting

    There are only so many places where always-on 12V power could be tapped into

    Why always-on? The GPS devices only to squawk their location info periodically, and it's not likely to change if they vehicle is turned off. Usually though, you'll an obdii port splitter used, which means the unit is tucked under the dash somewhere on the drivers side.

  19. People are stupid. by jklovanc · · Score: 4, Informative

    The suspect knew the vehicle was being tracked as he signed a document stating that fact. He just forgot that fact when he kidnapped someone.

    I used to work for a company that tracked vehicle fleets. Every driver knew his truck was tracked yet a driver was convicted of murder when his truck was logged near the site where the ex-girlfriend was last seen and near where her body was found. Another vehicle, different client, was noticed stopped far from it's route in a bad neighborhood. The police were sent and the driver was found selling product out of the back of the vehicle.

    People are stupid.

    PS. I have no problem with installing the tracker with the knowledge of the purchaser.

    1. Re:People are stupid. by EmagGeek · · Score: 1

      TFA said the car belonged to his girlfriend.

    2. Re:People are stupid. by tomhath · · Score: 3, Insightful

      TFA said the car belonged to his girlfriend

      That doesn't matter. The purchaser agreed to have the GPS in the car.

    3. Re:People are stupid. by jklovanc · · Score: 2

      I guess you didn't read the summary:

      A news story about the capture of a kidnapper mentioned that he was caught because a car dealer had secretly installed a GPS device on his car.

      or the article;

      Law enforcement officials say a woman who was kidnapped off the streets in Philadelphia was ultimately rescued with the help of a GPS tracking device that had been installed on the suspect's car.

      Carlesha Freeland-Gaither, 22, was rescued three days after being kidnapped when authorities spotted a used-car dealer's name on a traffic camera photo of the suspect's car.

      very well.

      There is further evidence from this article;

      Surveillance video released Monday by Philadelphia police shows a man driving down a street, parking his car and walking a short distance out of the camera's view, back towards the direction from which he came. He's then seen apparently chasing a woman across the street before grabbing her and forcing her down the block and into the car.

      It was the suspect's car that was involved in the crime and being tracked not the victim's.

    4. Re:People are stupid. by Stan92057 · · Score: 1

      "PS. I have no problem with installing the tracker with the knowledge of the purchaser"

      And if we say no? I'm betting there will be no sale.

      --
      Jack of all trades,master of none
    5. Re:People are stupid. by gnasher719 · · Score: 1

      TFA said the car belonged to his girlfriend.

      That would be relevant if the police had breached some rights of the car owner, for example by illegally installing a GPS device in girlfriend's car. In that case, since the perpetrator's rights were not breached, he would have no right to complain.

      Since the car dealership could fully legitimately track the position of the car, they were completely in their rights to give the position of the car anyway. Even more so since they had no obligation against the perpetrator. And even more so since the location data was used to find the victim of a crime, not just the criminal.

      That's something that's absolutely fascinating about the discussion: People get all excited about someone's perceived right to privacy, and completely forgetting the rights of the victim to her life and to her freedom.

    6. Re:People are stupid. by jklovanc · · Score: 1

      That's fine, I buy somewhere else, wait to save the money or wait to get my credit rating better.

    7. Re:People are stupid. by Anonymous Coward · · Score: 0

      Facts always matter. They may not always be relevant, but it does matter. Her consent to be tracked cannot be legally extended to him absent a written instrument, so the manner of his arrest will be likely declared illegal as fruit of the poisoned tree.

  20. Re:Typical!! by drkim · · Score: 4, Informative

    ...Any such devices like this would be removed from any car I buy...

    Agreed! But the key work here is 'buy' - the implication being you buy it outright, and are the owner.

    On the other hand, if you are financing through the dealer, the RO (registered owner) is the dealer, not you.

    If you look at the Spireon tracking company's site, it states the purpose of the tracker:

    "Like auto dealers, vehicle finance companies are turning to GPS vehicle tracking in order to offer loans to subprime buyers while minimizing their risk."

  21. Re:Typical!! by Anonymous Coward · · Score: 0

    There are only so many places where always-on 12V power could be tapped into, and it wouldn't be that difficult for an electronics nerd to figure out what circuit the draw is on by doing a DC amperage test at the fuse panel(s), or to check the few places that could tap into the wiring harness before the fuse panel.

    Why would it have to be always on? Only really needs to operate while car is moving, ie 'ignition on', and could always carry a small backup battery...

    If I didn't find something starting there, I'd pull the front kick-panels, the glove compartment liner, and the lower dash knee bolster on the driver's side, and look for things that don't seem right. Since there are only so many ways to tap into a wire quickly and cheaply, they'd probably use quickconnects of some kind and those would stand out relative to factory wiring. Behind the A-pillars, I'd check the wiring for the trunk light. Just about everything else is switched.

    In a modern car there is usually a bunch of unused plugs for various options/variants, because it's cheaper to manufacture/stock one somewhat more complex harness than multiple slightly different ones. No reason they couldn't use one of these and a reasonably OEM looking connector if they know in advance what car it goes into. Again, I fail to see why it couldn't run off a switched circuit? - even tapping into the break lights I would expect be enough to keep it functional in most cases quote>On a really modern vehicle it's even worse in some ways (for the person hiding an accessory) because just about everything, both switches and devices, runs back to the body control module, so one can't really tap off of any of that stuff and must go back to the fuse panel.

    Past the switch, solid state or mechanical, 12V power to a load is just that. Why couldn't a unit run off of say the rear lights, plate lights or even brake lights, if battery backed?

  22. The Death House Lawyer by westlake · · Score: 0

    Because every article I have seen mentions nothing about a warrant.

    The life of the victim trumps the need for a warrant.

    In law enforcement and law, hot pursuit (also known as fresh or immediate pursuit) [is] the urgent and direct pursuit of a criminal suspect by law enforcement officers. Particularly under common law, such a situation grants the officers powers they otherwise would not have.

    In 1939, Glanville Williams described hot pursuit as a legal fiction that treated an arrest as made at the moment when the chase began rather than when it ended, since a criminal should not be able to benefit from an attempt to escape.

    Hot pursuit

    A month before Delvin Barnes grabbed a woman off a street in Philadelphia, he hit a [sixteen year old teenager] with a shovel in Virginia and stuffed her into the trunk of a car, authorities say.

    She was taken to the home of the suspect's parents in Charles City County, where she was sexually abused, authorities said.
    While there, the suspect showed the teen pictures of other girls he said he had abducted, authorities said.

    Two days later, the suspect allegedly brought the then-naked girl into the backyard, poured bleach and gasoline on her, burned her clothes and dug a hole.

    When he was briefly distracted, the girl fled into the woods. Two miles away, she stumbled onto a business, and employees brought her inside.
    Barnes is charged with abduction, forcible rape and malicious wounding with a chemical, among other charges.

    "I just want to kill him -- just want to kill him," the girl's mother told CNN affiliate WWBT.
    The mother says Barnes allegedly told her daughter that he was going to kill her.
    After all that her daughter suffered, the mother said, she ''didn't look like herself'' She called it ''devastating.''

    Police: Philadelphia suspect also seized woman in Virginia

    1. Re:The Death House Lawyer by Anonymous Coward · · Score: 0

      The life of the victim trumps the need for a warrant.

      Nope. Freedom > safety. Freedom > TSA. Freedom > Mass surveillance. See a pattern here? If not, move to North Korea.

    2. Re: The Death House Lawyer by Anonymous Coward · · Score: 0

      Do you have a vested interest in this? Are you clamoring for "freedom" to abuse people? Why are you on the perverts' side? What do you hide?

    3. Re:The Death House Lawyer by Anonymous Coward · · Score: 0

      I suggest you actually try learning something before making declarative statements.

      It is well established that the fourth does not apply in cases where there is an immanent threat to human life. If you are holed up in your house with a hostage threatening to kill them the police do not need a warrant to enter into your house to stop you.

      Secondly, as has been pointed out, the government did not place the tracking device there a private entity did. The Constitution protects you from one, and only one, entity. The government. It doesn't not provide you protection against your neighbor, your employer, or--as the case is here--your creditors. It is also a court backed principle that the government can use evidence provided by private entities even if that evidence was gathered in a fashion that would have been deemed unconstitutional if the government had gathered the evidence in the same fashion. For example if you killed your wife/husband in front of a window while your pervy neighbor was across the street running a video camera the government would be free to use that video as evidence even though it is the type of surveillance that they themselves would have required a warrant to pursue--as long as they acquired the video in a constitutionally approved manner such as it being voluntarily provided by the maker of the video.

  23. Re: Typical!! by The+Ickle+Jones · · Score: 0

    And who will they elect instead? A Republican who will ignore the constitution and violate our fundamental liberties about as much as Obama and his buddies? People who don't recognize that the 'two' parties are alike in so many ways that actually count are part of the problem. Left/right doesn't matter; it's authoritarian scumbags vs people who care about freedom.

  24. FTFY by jklovanc · · Score: 2

    It's already offered as an option for those who are willing to sacrifice their privacy for access to preferential pricing.

    Rates go down when insurance companies can reduce risk. The ability to monitor things like driving speeds can do that.

    Mandatory compliance is probably a decade or so away.

    Who would mandate this compliance? The state can not as it would be considered unreasonable search as has been shown in a few recent court cases. Some insurance companies may but there will always be at least one who will not. There will always be a customer base who prioritize privacy over rates and there will always be at least one company to serve that client base.

    1. Re:FTFY by The+Ickle+Jones · · Score: 0

      The state can not as it would be considered unreasonable search as has been shown in a few recent court cases.

      As if the government hasn't ignored the courts and constitution before. Then again, it's not really necessary to make it mandatory.

      There will always be a customer base who prioritize privacy over rates and there will always be at least one company to serve that client base.

      You'd better hope that it doesn't become so expensive that it becomes a luxury only the wealthy can afford, or it is de facto mandatory, which shouldn't be tolerated.

    2. Re:FTFY by amiga3D · · Score: 1

      No, that is a lie. Rates never go down, profits go up. Insurance companies are only slightly behind used car salesmen and politicians in the practice of lying.

    3. Re:FTFY by ultranova · · Score: 1

      Rates go down when insurance companies can reduce risk. The ability to monitor things like driving speeds can do that.

      So in practice, it's voluntary to the rich and mandatory to everyone else.

      I have to admit, Republicans sure got to work fast.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    4. Re:FTFY by AthanasiusKircher · · Score: 1

      Who would mandate this compliance? The state can not as it would be considered unreasonable search as has been shown in a few recent court cases.

      Prior to 9/11, all court cases suggested that it would be illegal for government agents to conduct invasive searches on everyone who wants to travel. (Security screening before was done by non-government agents, was only a minimal search, and a more extensive search could only be conducted by law enforcement if there was a good reason, i.e. probable cause). The government's interpretation of "unreasonable search" is thus in flux, and "think of the kidnapped children" might be enough to overcome the Constitution these days.

      Also, do keep in mind that court rulings have been about whether police can install trackers, but that's a slightly different question from whether the government could mandate private companies to install them "for safety reasons" or something... As long as law enforcement still needed a warrant to get access to the data (or, in these times, I should say "needed a warrant" in quotes, since clearly we can find ways to minimize that pesky Constitution problem too), I wouldn't discount some way for the government to "strongly encourage" all private companies to do this.

      Some insurance companies may but there will always be at least one who will not. There will always be a customer base who prioritize privacy over rates and there will always be at least one company to serve that client base.

      That's very optimistic. That's like saying "there will always be an airline which offers service without a required search" since some people would prefer privacy. It's true that you can get around the TSA by owning your own plane (or knowing someone who owns a private plane), but that's hardly a reasonable alternative for most people. (And the TSA proposed closing that "loophole" years ago, but has backed off... For now.)

    5. Re:FTFY by Anonymous Coward · · Score: 0

      Insurance, particularly auto insurance is a damn competitive industry. Unless you think there is collusion between the 1129873561239 companies I can buy auto insurance (all of them send me fucking snail mail every day!), I assure you that pocketing profits from decreased risk will lower their competitiveness and they know this.

    6. Re:FTFY by Actually,+I+do+RTFA · · Score: 2

      Rates go down when insurance companies can reduce risk.

      Yes, cost savings in an oligopoly are always passed promptly along to the customers. That is a real thing that economic theory or practice says happens.

      Some insurance companies may but there will always be at least one who will not. There will always be a customer base who prioritize privacy over rates and there will always be at least one company to serve that client base.

      Insurance is an area where death spirals are common as the least risky leave the pool, driving up average risk. The issue is there is no way to distinguish "privacy guy" from "shitty driver guy". So all the people in that pool are given "shitty driver prices". But those shitty driver prices cover the average shitty driver. So, at timestep n+1, the least shitty drivers without the devices comply with monitoring to save money. At timestamp n+m, where m is likely to be a couple of years, the deathspiral is complete and there is no way to distinguish between privacy and people who intentionally crash into trees.

      At that point, compliance, or opting out of the system, become mandatory.

      But lest you still think that people prioritizing privacy are catered to in the market, I'd like to know what cell phone you use? what carrier? what ISP? (I invite the rest of Slashdot to ask more leading, and saddening, questions along these lines.)

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    7. Re:FTFY by rgmoore · · Score: 1

      Who would mandate this compliance?

      A combination of the insurance companies and the state governments. State governments already mandate that people have insurance (or post a bond that's out of most people's financial reach) in order to drive. If the insurance companies start refusing to offer insurance to people who refuse to have GPS trackers installed, it's very close to a state mandate. At the very least, they'll treat it as an admission that you're a highly unsafe driver and give you very high rates, so that most people won't be in financial position to say no.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    8. Re:FTFY by Anonymous Coward · · Score: 0

      In many states, insurance company profits are restricted by law. In those states, if rates go up, it's because costs went up.

    9. Re:FTFY by John.Banister · · Score: 1

      Often, new cars are a luxury purchase under any circumstances. They lose too much value being driven off the lot. If in some future you're poor and you want privacy, the solution might well be a used car.

    10. Re:FTFY by John.Banister · · Score: 1

      There is to another way to distinguish "shitty driver guy" from non-shitty driver guy. Shitty driver guy gets traffic citations and has accidents. Privacy guy might well get shitty driver prices if he's 19 and has no driving record to speak of, but if he's got 10 or more years without citations or accidents, insurance companies tend to respect that.

    11. Re:FTFY by jklovanc · · Score: 1

      There will always be at least one company who will service those who do not want trackers.

    12. Re:FTFY by jklovanc · · Score: 1

      Prior to 9/11, all court cases suggested that it would be illegal for government agents to conduct invasive searches on everyone who wants to travel.

      Completely untrue. There has always been screenings when getting on an aircraft. After 9/11 the screenings just got more intense. Sorry but customs has been doing cavity searches for a long time.

      I wouldn't discount some way for the government to "strongly encourage" all private companies to do this.

      "Strongly encourage" is very far from "mandate". There will be many companies who will make points with the consumers by "going against this draconian government policy". There would never be a law to this effect and any politician who ever supported it would be out of office next term.

      That's like saying "there will always be an airline which offers service without a required search" since some people would prefer privacy.

      That is a very different situation as airlines have no control over how searches are done. Each insurance company makes their own policy and consumers can pick a company with a policy they like.

    13. Re:FTFY by jklovanc · · Score: 1

      That depends on the rate difference between being tracked and not tracked. If it is $20/month one does not need to be rich to afford it. If it is $200/month that would be a different story.

    14. Re:FTFY by Actually,+I+do+RTFA · · Score: 1

      There is to another way to distinguish "shitty driver guy" from non-shitty driver guy. Shitty driver guy gets traffic citations and has accidents.

      But it's less accurate than tracking driving. Insurance companies respect that now because they don't have a better solution. But they actually use practically the same algorithims. They won't respect that anymore once they have the actual information it is a proxy for.

      Because why would they want to use a poor proxy? Its not like the privacy market is that big. And then they have the risk that the person is a bad driver (or becomes one) that their metrics didn't catch. Which just slows the death spiral, doesn't prevent it.

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    15. Re:FTFY by ultranova · · Score: 1

      If it is $20/month one does not need to be rich to afford it.

      But one does need to be not poor, which is quickly becoming synonymous with rich as the middle class dies.

      Also, the $20/month is the price of not being tracked through your car. How much does it cost to opt out of all ways to track you? After all, if you tolerate this, then surely you don't object to that either. It doesn't help you to be able to opt out of any particular cut, if the 999 others you couldn't afford to avoid still bleed you dry.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    16. Re:FTFY by amiga3D · · Score: 1

      Naive you are.

    17. Re:FTFY by amiga3D · · Score: 1

      It's because they convinced the insurance regulators that costs went up. There are as many ways to hide insurance profits as there are ways to avoid paying taxes. Considering you have the money to hire the right financial people of course.

    18. Re:FTFY by John.Banister · · Score: 0

      I typed this long argument against that, but I'll spare you. Take care.

    19. Re:FTFY by Anonymous Coward · · Score: 0

      Sure for those with deep pockets. Freedom is never free or fair.

    20. Re:FTFY by jklovanc · · Score: 1

      Paranoid you are.

    21. Re:FTFY by The+Ickle+Jones · · Score: 1

      Completely untrue. There has always been screenings when getting on an aircraft.

      By government thugs? That makes all the difference. Personally, I think even private companies should be restricted in what they can do.

      There would never be a law to this effect and any politician who ever supported it would be out of office next term.

      Much like any politician supporting mass surveillance, the TSA, or other unconstitutional nonsense would be out of office; oh wait, most people don't care about privacy or freedom.

    22. Re:FTFY by amiga3D · · Score: 1

      You're not paranoid if they really are out to get you.

    23. Re:FTFY by AK+Marc · · Score: 1

      In most cases, those companies are brokers for the 3 approved companies in your area. Being able to buy Nike from 10 different stores doesn't imply choice.

    24. Re:FTFY by AK+Marc · · Score: 1

      Completely untrue. There has always been screenings when getting on an aircraft.

      Prior to 9/11, they were carried out by "airport police" who were employed by the airport. Now they are carried out by federal employees. That's the difference.

      "Strongly encourage" is very far from "mandate".

      So health insurance isn't mandated, just strongly encouraged?

      That is a very different situation as airlines have no control over how searches are done.

      They used to.

    25. Re:FTFY by jklovanc · · Score: 1

      Prior to 9/11, they were carried out by "airport police" who were employed by the airport. Now they are carried out by federal employees. That's the difference.

      You are so paranoid about the federal government that any employee is considered bad. Good to know.

      They used to.

      Almost right.
      from this article'

      The airline that had operational control of the departure concourse controlled by a given checkpoint would hold that contract. Although an airline would control the operation of a checkpoint, oversight authority was held by the FAA. C.F.R. Title 14 restrictions did not permit a relevant airport authority to exercise any oversight over checkpoint operations.

      While private companies provided the people and the arlines provided operational control they still had to follow FAA policy. The policy is what telles them exactly what to do so who is doing it does not matter.

    26. Re:FTFY by AK+Marc · · Score: 1

      You are so paranoid about the federal government that any employee is considered bad. Good to know.

      I was clarifying your incorrect statement. You then turned that into a strawman ad hominem. Congratulations. You win the argument. Nobody else will talk to you.

  25. Re:Typical!! by Registered+Coward+v2 · · Score: 3, Insightful

    ...Any such devices like this would be removed from any car I buy...

    Agreed! But the key work here is 'buy' - the implication being you buy it outright, and are the owner.

    On the other hand, if you are financing through the dealer, the RO (registered owner) is the dealer, not you.

    Not quite true. The seller has a lean on the vehicle but you are the owner. If the dealer was still the legal one that could open them up for liability in the event of an accident, etc.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  26. Re:Typical!! by nospam007 · · Score: 1

    "Except how do you know such a device is installed on your car? Do you examine it everywhere, and compare what is there with photographs of a know-safe car? Or against the wiring diagrams from the manufacturer? Don't forget behind or inside of other things, like behind the glovebox?"

    Or your wife/husband/'friend' might have installed one, some of them cost less than 50 bucks with a prepaid card on it they are even able to listen in on what's being said in the car.

    http://www.aliexpress.com/whol...

  27. Only the US by Anonymous Coward · · Score: 0

    In europe even if you are financing thru the dealer, it is the financing ONLY which is done. The car is still your belonging. Financing does not mean you are not the owner. Financing only means that somebody loan money to you, maybe with the car as collateral. But the ownership of the car is still yours, with all the privcy implication of not being followed by GPS.

    1. Re: Only the US by Anonymous Coward · · Score: 0

      Euros have always been easy marks.

    2. Re:Only the US by Anonymous Coward · · Score: 0

      You're still the owner in the US, too. It's just that idiots here don't understand how collateral works. To be fair, I've spoken with a fair share of Europeans who think the bank owns their house, too. The take away message is that people don't understand how the law works.

    3. Re:Only the US by Ol+Olsoc · · Score: 1

      In europe even if you are financing thru the dealer, it is the financing ONLY which is done. The car is still your belonging. Financing does not mean you are not the owner. Financing only means that somebody loan money to you, maybe with the car as collateral. But the ownership of the car is still yours, with all the privcy implication of not being followed by GPS.

      A whole lot here depends on the credit rating of the borrower. I was going to pay cash for my last car, but since the loan was around 1 percent interest, I took out the loan, and am making a tiny bit of interest - but the main reason is to have some current loan history. But I have the title. Years ago, before being well established, the bank would have the title until I paid off the loan.

      The buy here pay here, or rent to own places are a bit different. The business takes out a loan for the car when the person buys the car. And it isn't at a real pretty interest rate. Otherwise no one would lend the person the money. Despite the seeming draconian system, this system allows people to have transportation who would otherwise not be able to get. These are setup for people with no money, and bad credit.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  28. Re:Typical!! by Anonymous Coward · · Score: 0

    Eh, this depends on whether your state subscribes to Title Theory or Lien Theory.

  29. It will create Sith Lords. by 140Mandak262Jamuna · · Score: 1
    If I remember it right, it was the desire to find the secret tracking device that made Anakin get into hardware, and then on to pod racing. Granted, it was a kind of dumb to build a protocol droid to find a tracker, but kids are kind of dumb that way.

    But the point is, I see a whole generation of potential Sith Lords emerging, all getting their crack in hardware by building a scanner to find the tracker installed by the Jabba-the-Car-hut dealerships.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  30. Re: OMG I FP'd! by Anonymous Coward · · Score: 0

    Actually it's deep... inside... Rosie Palmer... while you fantasise about his mum.

  31. Re:Typical!! by JWSmythe · · Score: 1

    If you work on your own cars (and friend's cars), then an out of place device is pretty obvious. I can tell you the function of every part. If there was some mystery part, it would definitely get my attention. Trackers require visibility of the sky, and power.

    If you want to know how weak GPS can be, play Ingress for a while. My phone mounted up on the dash always has a good lock. The phone of a passenger holding it in their hand frequently loses it's GPS data, or it's not accurate enough to play. Passengers riding in the middle of the vehicle can have a really hard time playing. We've all learned the tricks, like waving our phone by the window to (hopefully) get a location.

    A device behind the glove box may be a valid receiver, and may get data service to upload telemetry data. It will probably never get GPS data.

    --
    Serious? Seriousness is well above my pay grade.
  32. Truth in reporting by DaMattster · · Score: 1

    The media conveniently leaves certain things out of its reports. The use of these tracking devices are disclosed in the terms and conditions that people sign without reading. Honestly, this a good use of technology to give people who have fallen on hard times, access to a car. Should we pass a law simply because people will sign a document without reading it?

  33. Re:Typical!! by geekmux · · Score: 4, Interesting

    There are only so many places where always-on 12V power could be tapped into, and it wouldn't be that difficult for an electronics nerd to figure out what circuit the draw is on by doing a DC amperage test at the fuse panel(s), or to check the few places that could tap into the wiring harness before the fuse panel. If I didn't find something starting there, I'd pull the front kick-panels, the glove compartment liner, and the lower dash knee bolster on the driver's side, and look for things that don't seem right. Since there are only so many ways to tap into a wire quickly and cheaply, they'd probably use quickconnects of some kind and those would stand out relative to factory wiring. Behind the A-pillars, I'd check the wiring for the trunk light. Just about everything else is switched. On a really modern vehicle it's even worse in some ways (for the person hiding an accessory) because just about everything, both switches and devices, runs back to the body control module, so one can't really tap off of any of that stuff and must go back to the fuse panel.

    So, tell me something, after you've disabled the smoke alarm and lit up your cigarette, how do you plan on leaving the smoke-filled bathroom to get back to your plane seat unnoticed?

    Point here is just about anyone is smart enough to find a GPS tracking device and disable it. The hard part here is explaining to the company you signed a legal document with why you disabled it.

    Of course, that would be after they repo their "malfunctioning unit" back.

    Good luck.

  34. Re:Typical!! by drkim · · Score: 3, Informative

    Eh, this depends on whether your state subscribes to Title Theory or Lien Theory.

    Correct! But either way the financing dealer could:

    A. Attach the GPS to protect his/her property (Title)

    B. Attach the GPS to secure his/her loan collateral (Lien)

    (Here, I admit I haven't read through a car finance contract, but...) I imagine they could stipulate the GPS as part of the loan terms.

    I'm sure it makes repo'ing easier.

  35. Where were Al Sharpton and Jesse Jackson? by Anonymous Coward · · Score: 0

    What? A black woman was abducted and Jesse and Al were silent?

    Can someone explain that to me?

  36. Re:Typical!! by penix1 · · Score: 1

    The only thing that needs visibility is the antenna. Tap into the car radio antenna and the problem is solved.

    The original point of privacy was made and while I agree with that point there is the point that you don't own the car until it is fully paid for. That and the fact that this guy had major credit problems, enough for the loan guarantor to suspect they would have to resort to repossession, they deemed it necessary to track the vehicle. Lastly, my bet is his contract for the loan stipulated that the car was being tracked until the loan was satisfied buried deep in the legalese and removal of the device would constitute breech of contract enacting the repossession clause.

    --
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  37. Re:Typical!! by amiga3D · · Score: 1

    I think that in today's environment you can safely assume that there is something in any car you buy that enables the loan company to find it. I believe it's a no-brainer. The temptation to do this has to be overwhelming for these people as it solves a huge problem for them. If you know it's there then you can find it. All GM vehicles for years have had OnStar which means the capability was built in. I think that it's wrong for them to install it without informing the buyer but absent a law preventing the practice you know it's going to happen.

  38. Re:Typical!! by Anonymous Coward · · Score: 0

    >Not quite true. The seller has a lean on the vehicle but you are the owner. If the dealer was still the legal one that could open them up for liability in the event of an accident, etc.

    The dealer still holds the title until you pay teh car off. That makes them the owner.

  39. Re:Typical!! by Monoman · · Score: 1

    Exactly. In most cases you don't need the GPS running when the car is off. This will let you know the last location the car stopped. The obvious exception is if the car is towed you won't know but you will know as soon as the car is started up again.

    --
    Keep the Classic Slashdot.
  40. It was NOT secretly installed by Ronin+Developer · · Score: 1

    It is a common technique among used car dealers who are selling to someone with bad or poor credit. It is intended to aid in recovery and repossession. The purchaser is aware it is installed. And, it is removed when the vehicle is paid off.

    The device our company made and sold ( when I worked for them) could be activated with a court order. Activation was not in the hands of the car dealership because of the privacy implications.

  41. Re:Typical!! by wisnoskij · · Score: 1

    If you do not find it under the gps logo-ed dash port, I doubt the car has one. It is probably just stacked like: Radio, GPS; or GSP, radio.

    --
    Troll is not a replacement for I disagree.
  42. Re:Typical!! by wisnoskij · · Score: 1

    The implication here is that everything does not belong to the government and these will not be are already not illegal to remove.

    --
    Troll is not a replacement for I disagree.
  43. Re:Typical!! by nukenerd · · Score: 1

    There are only so many places where always-on 12V power could be tapped into ......... On a really modern vehicle it's even worse in some ways (for the person hiding an accessory) because just about everything, both switches and devices, runs back to the body control module, so one can't really tap off of any of that stuff and must go back to the fuse panel.

    Depends on the car. Some modern cars have a 12v ring main running round the car, and also a light signal cable, both visiting all devices. The signal cable tells the devices when to turn on and off. It saves running heavy cables alongside each other to the various rear lights, for example, and hence the total cost of wiring. So plenty of places to tap that 12v.

  44. Re:Typical!! by mark_reh · · Score: 4, Informative

    A car's radio antenna doesn't work at GPS frequencies. That's why cars with GPS always have a separate antenna for it.

  45. And if pigs had wings they could fly by tomhath · · Score: 1

    Here's a typical disclosure that a GPS will be installed in the car. Not exactly fine print or any trickery involved. Police had plenty of reason to suspect the driver of that car had committed a serious crime.

  46. Re:Typical!! by I'm+New+Around+Here · · Score: 1

    Easy fix there. Just add a cheap motion detector that activates the GPS. Car gets towed, sensor knows it, starts GPS, it transmits like usual until car stops moving for 20 minutes.

    --
    If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  47. you don't really own things anymore by gelfling · · Score: 2

    You license them until the vendor decides you don't anymore.

  48. Re:Typical!! by __aaltlg1547 · · Score: 1

    The dealer owns the car. He's entitled to add stuff to it and not required to disclose that when you buy it.

  49. Re:Typical!! by Linsaran · · Score: 1

    Easy fix there. Just add a cheap motion detector that activates the GPS. Car gets towed, sensor knows it, starts GPS, it transmits like usual until car stops moving for 20 minutes.

    That doesn't fix the always on problem. If you're not getting power except when the car is running, a motion sensor set to activate when the car is being towed is useless.

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  50. Re: Typical!! by Anonymous Coward · · Score: 0

    It's probably not a problem worth fixing in most cases.

  51. Re:Typical!! by amxcoder · · Score: 2

    The lien holder is different from the owner. The owner owns the car and can do what ever he wants with it. The lien holder is just that, a finance company who holds legal rights to take the vehicle back if it's not paid for. While the lien holders hold the Title of the car, the owner is the registered owner at the DMV and for all other purposes.

    If you are still making payments on a car, as the owner, you still have the right to modify the car however you wish. If you want to paint the car, fix it up to make it faster, add new stereo equipment, whatever, you can and don't need permission from the Lien holder. If the Lien holder were the actual owner, you would need permission from them to do this.

    This is also why a lien holder can't just report the car as stolen if they want it back, they have the right to repo it back, but they can't just file a police report and say the car hasn't been paid for and therefore is stolen. If they could, I'm sure they would do this as it would be easier and cheaper for them to have the police track it down as a stolen car then hire repo men to find it and get it back. But they don't.

  52. Re:Typical!! by John.Banister · · Score: 1

    Are you describing a situation where the car isn't paid for yet, or are you trying to tell me that if I pay in full for a new car, I still don't actually own it?

  53. Re:Typical!! by Anonymous Coward · · Score: 0

    Not so. You are the registered owner. The dealer (if they did their own financing - otherwise the loan holder) has a lien.

  54. Re:Typical!! by geekmux · · Score: 2

    Are you describing a situation where the car isn't paid for yet, or are you trying to tell me that if I pay in full for a new car, I still don't actually own it?

    This topic was within the context of "rent to own" type purchases or contracts where someone would legitimately place a GPS device in your car, in which you were describing all of the ways to find and disable or destroy it.

    If you're having to dig through a personally owned vehicle to search for unauthorized or unknown tracking devices, well I'd say you certainly have bigger issues than predatory lenders and fine print.

  55. Re: Typical!! by Anonymous Coward · · Score: 0

    I think you're just denying the problem exists because you don't agree with the solution!

  56. I work at a small dealer and yes its common by bobjr94 · · Score: 4, Informative

    How they work is the are hidden under the dash, usually with a Y cable running off the OBD2 port just for the power feed. Just plug and play, about a 5 minute install. The devices cost around $100. For a bit more you can get one with a battery back-up, so if the car is left abandoned, it will signal the dealer the vehicle battery is now dead and here is the location. usually once a day (often 23 hours apart) they send their location, so after a few weeks you know the car's typical location day and night.

    Many times the customer is not told at all. It's still a grey area if this is legal since the car is property of the dealer. Once the car is paid off the device (and monthly service charge) is disabled. If the customer is told, it's not made clear what the device is used for. There will be a line in the sales contract saying - your vehicle may include an anti-theft device - That's all. What's not said is the anti-theft device only benefits the dealer, and will be used so the repoman can come pick up your car.

    In the dealer defense, buy here - pay here customers are the bottom of the credit barrel and no big name dealer would touch them. They will have 1 or more repossessions, maybe 5 or more accounts in collections, a bunch more of charged off accounts they just gave up on and maybe an eviction from their last apartment. So the dealer knows they don't like to pay for things they buy. There is only about a 50% chance they will actually pay off the car they are buying.

    1. Re:I work at a small dealer and yes its common by AK+Marc · · Score: 1

      Many times the customer is not told at all. It's still a grey area if this is legal since the car is property of the dealer.

      The car is not the property of the dealer. The only owner of the car is the buyer. The dealer has a lien. But the sole owner is the buyer.

  57. Re: Typical!! by petermgreen · · Score: 2

    That works against a crude audio bug which is transmitting continuously at a fairly consistent level.

    It's likely to be much less effective against a location bug that transmits periodically in very short bursts and possibly only when significant movement is detected.

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  58. Re:Typical!! by sudon't · · Score: 1

    If you're out to disable the tracker, it's also likely you're out to make off with, or hide, the vehicle. But otherwise, if it's on its own fuse, (or on a non-critical line), you could simply place a burnt fuse in its slot. That would give you time to do what you need to do, as well as plausible deniability.

    --
    -- sudon't

    Air-ride Equipped

  59. Re:Typical!! by amiga3D · · Score: 1

    Wrong. When I buy it I own it. Now if I lease it that would be entirely different. Having said that I will say that in this day and age if I buy anything from a dealer I'm going to go over it with a fine tooth comb. I always assume dealers are out to fuck you because.....they are.

  60. Re:Typical!! by jittles · · Score: 1

    ...Any such devices like this would be removed from any car I buy...

    Agreed! But the key work here is 'buy' - the implication being you buy it outright, and are the owner.

    On the other hand, if you are financing through the dealer, the RO (registered owner) is the dealer, not you.

    If you look at the Spireon tracking company's site, it states the purpose of the tracker:

    "Like auto dealers, vehicle finance companies are turning to GPS vehicle tracking in order to offer loans to subprime buyers while minimizing their risk."

    No, if you finance a car then the financier is the lien holder, not the registered owner of the vehicle. There is no way in hell that any financial institution would want to be the registered owner for Joe Blow's vehicle. The bank could be held liable if Joe Blow drove drunk and killed a school bus full of children or something insane like that.

  61. Re:Typical!! by JWSmythe · · Score: 1

    TV magic doesn't work the same as the real world.

    At one job, I was tasked with coordinating the installation of that kind of unit in our fleet vehicles. It wasn't a secret that we were installing them, but we had to install them so they weren't in the way. We were using the "GE Security NavLogix".

    The control box was generally zip tied to or near the steering column. It had a combined GPS receiver and cell antenna. The GPS receiver puck was put on the dash, usually in the front left corner. That let us avoid putting extra holes in the body and/or introducing leaks.

    New drivers had no problem identifying and defeating them. "Defeating" was usually "accidentally" putting a foil bag over the GPS puck. That way they couldn't get in trouble for speeding.

    If a vehicle wasn't tracking properly, half the time it was the control unit failed. The rest was the driver defeating it. We couldn't really tell if an intermittent failure was intentional or not, except when tech came in with foil still over the puck. I didn't really care. I'd just tell the driver "move the foil before someone sees it." We had enough units that were flaky, we couldn't tell which was which.

    --
    Serious? Seriousness is well above my pay grade.
  62. Re:Typical!! by I'm+New+Around+Here · · Score: 1

    A motion sensor that doesn't need a continuous energy feed could be incorporated, using some sort of pendulum to activate it. The part of the sensor that then activates the GPS could run off a button battery that doesn't feed from the car's system at all. And when the GPS is active, it could disable that circuit to keep the battery from being run down while the car is being used normally.

    I'm not saying that is how they would build such a device, but it could be done if your objection is the main problem.

    --
    If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  63. Re: Typical!! by The+Ickle+Jones · · Score: 1

    An obvious truth is flamebait.

  64. found one of these in a used car I bought by jsh1972 · · Score: 1

    I bought a salvaged car (04 grand prix) and whoever the previous owner was, they apparently had an arrangement similar to this guy's. While putting a new stereo in, I found a tracking device inner the dash on the driver's side, kind of behind where the A/C controls where. It was around the size of a pack of cigarettes, had LEDs for GPS and TX/RX if memory serves, it also had a SIM card, which I removed immediately. I looked it up by googling the FCC id number and found the company's web site. I was kind of spooked when I found it until I realized it was probably put there by a dealer catering to high credit risk customers, or perhaps it was a used rental car or something. I eventually just cut the wires and pulled the whole thing out.

  65. Re:Typical!! by Ol+Olsoc · · Score: 1

    The left is not concerned with privacy. Neither are the neocons. I just want my due process rights, privacy, and money back, thanks. Any such devices like this would be removed from any car I buy, law be damned. I don't care. I will not be treated like cattle.

    If you have a decent credit rating, you don't have such a device on your car, unless you have OnStar or similar.

    The buy here, pay here car sales are quite bluntly, for deadbeats with shitty credit ratings. This is not about privacy, but the reality that a deadbeat is likely to default on their loan. That's why they go to those places to buy a car. High credit rates, and lots of risk. When it is repo'ed, it's a big help knowing where the vehicle is.

    All that is needed is the deadbeat knowing there is a tracker on their vehicle, and it is contingent on their getting the loan.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  66. Re: Typical!! by Ol+Olsoc · · Score: 1

    That works against a crude audio bug which is transmitting continuously at a fairly consistent level.

    It's likely to be much less effective against a location bug that transmits periodically in very short bursts and possibly only when significant movement is detected.

    A spectrum analyzer should find something, then an oscillator around the frequency should suffice to scramble the device when it phones home.. A real clever person could spoof the GPS signal also if they could get their hands on the device

    But we gotta remember, your signal disappearing will be a warning somethig is wrong, plus that could be breaking the law anyhow. Plus the people who have a tracker installed by a dealer are not likely to be rocket scientists. They are likely to be deadbeats who own't otherwise get a loan. So if the signal goes away, that will probably set repossession wheels in motion.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  67. Re:Typical!! by Ol+Olsoc · · Score: 1

    Are you describing a situation where the car isn't paid for yet, or are you trying to tell me that if I pay in full for a new car, I still don't actually own it?

    There would be no reason to track a car you own outright. It's so the lender knows where the car is when the person defaults.

    I believe the person should know there is a tracker. But if that is a condition of getting the loan, then I have no problem with it.

    This is not anything that is done with a normal car loan.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  68. Re:Typical!! by Ol+Olsoc · · Score: 1

    Wrong. When I buy it I own it. Now if I lease it that would be entirely different. Having said that I will say that in this day and age if I buy anything from a dealer I'm going to go over it with a fine tooth comb. I always assume dealers are out to fuck you because.....they are.

    They call it rent to own. They own it until you make the last payment.

    But otherwise, there are plenty of good reasons to disable OnStar, as they still listen in even if you don't pay for the service: http://www.consumerkarma.com/2...

    http://www.autoblog.com/2011/0...

    Presumably they backed off......

    http://www.cnet.com/news/onsta...

    Um, I do not believe it for a second. If it is there, it will be used, and possibly abused.

    This mandatory tracking is the main reason I stopped buying GM Vehicles.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  69. Re:Typical!! by AK+Marc · · Score: 1

    Nope. They sold it with a lien (based on TFA). They don't own it any more than the bank or the government owns your house.

  70. Re:Typical!! by AK+Marc · · Score: 1

    On the other hand, if you are financing through the dealer, the RO (registered owner) is the dealer, not you.

    Nope, the owner is the buyer, the dealer has a lien. There is a difference.

  71. Re:Typical!! by AK+Marc · · Score: 1

    They aren't the owner. As the owner, I can replace the engine, paint it a new color, and the dealer has no say in the matter. They only have say in the matter if I sell it, in which case I must pay them off before I can transfer title to the next owner.

  72. Re:Typical!! by AK+Marc · · Score: 1

    This is also why a lien holder can't just report the car as stolen if they want it back, they have the right to repo it back, but they can't just file a police report and say the car hasn't been paid for and therefore is stolen. If they could, I'm sure they would do this as it would be easier and cheaper for them to have the police track it down as a stolen car then hire repo men to find it and get it back. But they don't.

    That's why the lowest tier of ownership in the US is "rent to own" whether it's furniture or cars.

  73. Re:Typical!! by __aaltlg1547 · · Score: 1

    I'm presuming they installed the tracking device before they sold the car.

  74. Re: Typical!! by LinuxLuver · · Score: 1

    I've found that walking is a great way to maximize privacy. Anyone can do it and there is no regulatory oversight. A hat with a wide brim, or a hoody, reduces the chance of one's face being caught on street surveillance cameras. If everyone wore hats, they wouldn't be necessarily be distinctive, either. Just buy the hat everyone else buys. If you live near where you work, walking is a great option.

    --
    Only boring people are ever bored.
  75. Re:Typical!! by toddestan · · Score: 1

    That's not how these buy-here-pay-here places work. They usually set things up so that they lease the car to you, with some stipulation that the ownership of the car transfers to the buyer at the end of the lease if the buyer makes all their payments on time. Hence, you literally "rent to own". So in that case, they do own the car for the duration of the "rent" period. This also means that if they repossess the car, the buyer loses everything no matter how much or little they still "owed" on the car. It's not the same as your normal car dealers, where you actually buy the car by taking out a loan and using the car as collateral.

  76. Re:Typical!! by AK+Marc · · Score: 1
    Ah, that's called "rent to own" where I'm from (Texas, then on to Alaska). That's not a "purchase". The wiki pages and such others have posted on this indicated it was a self-financed dealer, which is different from the rent-to-own dealers. http://www.akrto.com/ Those places don't hide it's not a purchase agreement, but a contract to purchase. Like the furniture rent-to-own places.

    The BH,PH places I found didn't give any terms online, but implied a sale, not a rental agreement. The RTO places make the rent to own agreement explicit.

    It's not the same as your normal car dealers, where you actually buy the car by taking out a loan and using the car as collateral.

    The Wiki page on it implies that BH,PH is a regular loan, but that it's given by the dealer. There is nothing more to it than that. Dealers can bump up the price and lower the payments with that freedom. High interest, insane long terms, and low payments is something a regular bank wouldn't do, but a dealer-owned finance company can do it. BH,PH is predatory lending. RTO isn't "lending".

  77. Reporting Correctly by Anonymous Coward · · Score: 0

    The detailed News Articles on this event pointed out that purchaser of the vehicle was informed of the presence of the GPS tracking device. It was apparently a condition of the loan because of the background of the purchaser. I agree that installing such a device without knowledge is bad, but this person was informed.