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The Courts Government Privacy News

Auto Black-Box Data Being Used In Court 369

DrEnter writes "Yahoo! is running this USAToday article about automobile electronic data recorder (EDR or "black-box") data being used in civil and criminal court cases. Most owners of cars so equipped don't know they have them, or that they can be used against them. The NHTSA has been investigating EDRs and is collecting public comments to determine if and how these devices should be regulated."
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Auto Black-Box Data Being Used In Court

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  • Great article (Score:3, Informative)

    by Michael's a Jerk! ( 668185 ) on Saturday May 17, 2003 @03:51AM (#5978975) Homepage Journal
    here [smh.com.au]
    • A couple views (Score:5, Interesting)

      by CrudPuppy ( 33870 ) on Saturday May 17, 2003 @05:57AM (#5979217) Homepage
      I guess I am torn on this issue.

      On one hand, if black box data is used against you, you could claim discrimination since not all cars have the boxes and therefore you are being punished to a greater extent as a direct result of the car you chose to purchase.

      On the other hand, I think it would be a good idea (Big Brother paranoia aside) for the industry to create a standard for what kind of dasta is collected and mandate the use of these devices on all new cars. Unbiased witnesses in courtrooms is badly needed these days due to blatant disregard for truth and justice.

      Now how do you stop Big Brother from tapping this info? You KNOW they're gonna wanna give this thing an IP address that maps to your Social Security Number and is able to broadcast on wireless networks...

      • The article says some kind of stupid things like this one.

        "They were installed on newer-model cars to trigger air bags."

        That is absolutely stoopid statement. Its a sensationalist word bending cart_before_the_horse statement. A black box does not trigger an airbag. But all airbag modules record data in order to carry out their business.

        In any event, an airbag module does indeed record a little data like if your seatbelt is on so it can adjust the blow of the bag accordingly. But yes, I would be surpris
        • Uh, you don't have to record whether or not the seatbelt is connected. Besides which, that is an unreliable way to decide if someone's seatbelt is on (there is no reliable way) because it can be fastened behind the driver. You would have to put a counter on the seatbelt winding mechanism so you could determine its position in order to have any useful data.

          All you have to do is sense the seatbelt connection (or position), not remember it. You can do this in realtime, and I would be very surprised if they d

        • After dealing with *LOTS* of automotive documents (Crash investigations and product defect allegations), I can tell you that ALL air bag systems, ABS systems, and car computers store a wealth of information including: codes related to air bag systems (diagnostics, near deployments, deceleration values), number of times ABS system kicked on (to judge if you are an aggressive driver), all recent computer actions (fuel mixture adjustments..again to see if you are driving aggresively, etc).

          Supposedly the new U
  • by Anonymous Coward
    can and will be used against you by columbo.
    • The joke that went around a while ago about the government requiring voice data recorders in cars: Most of them picked up prayers, cussing etc. before the crash except those in pickup trucks sold in the south that all seemed to end with, "Y'all watch this."

      BTW, you're using a public highway supposedly in compliance with law. The argument that this is an invasion of privacy stinks. If a cop or a whitness sees you doing it, its a legitimate infraction but if you're car records you doing it its an invasion
  • Hmm (Score:3, Interesting)

    by Anonymous Coward on Saturday May 17, 2003 @03:54AM (#5978987)
    I'm sure the privacy advocates will be screaming 'bloody murder' about this one, but with all the idiots out there on the road, if common knowledge of this device can make people think twice about their behaviour on the road, then I'm all for it. My only concern would be as to the accuracy of the data it collects.
    • Re:Hmm (Score:2, Interesting)

      personally, i think this feature should be an option, and that insurance companies should give a discount rate for having one of these functional in your car. it would be like how automatic seatbelts give you lowered insurance rates. that way, if you didnt want this option, you might pay less for your car, but more for insurance. makes enough sense.

      why would car companies add this feature if there were no reason for the consumer to want it? with all the cost-cutting things the car comopanies already go th

      • Re:Hmm (Score:5, Insightful)

        by Skater ( 41976 ) on Saturday May 17, 2003 @07:17AM (#5979384) Homepage Journal
        Because, if you cause an accident and don't have one, then it's that much harder for me to prove what really happened.

        I'm glad they're in there. I can't see that it's a privacy issue; if there's an accident, everyone already knows where I was anyway! I think what people are worried about is that they'll actually be blamed for their irresponsible driving. Well, frankly, airline pilots have had to live with that for years, because they have the responsibility for others' lives. Anyone driving a car is in the same boat--you have a responsibility for your life and the lives of other motorists.

        The other side of it is that they can provide useful diagnostic information when your engine is malfunctioning. I've been wanting to buy one of those things that hooks up to the OBD and records the information in my laptop.

        --RJ
    • "I'm sure the privacy advocates will be screaming 'bloody murder' about this one, but with all the idiots out there on the road, if common knowledge of this device can make people think twice about their behaviour on the road, then I'm all for it. My only concern would be as to the accuracy of the data it collects."

      If that were the GOAL, they'd be TELLING PEOPLE ABOUT these things...

      Saying that these devices are for "safety" is as big a lie as saying that cops set up speed traps (where they try to hide th
  • by Michael's a Jerk! ( 668185 ) on Saturday May 17, 2003 @03:55AM (#5978992) Homepage Journal
    Welcome to the Internet, the free-information Utopia imagined by writers such as Jon Katz. There are no boundaries, no walls, no way to contain the flow of information, including anything about your life: purchases, consumer preferences, physical address, etc.

    While many thinkers have hearlded the dawning of this new information age as a way of having open access to art, history, science, the media, government, and other sources, they have in general failed to imagine the "negative" aspects of this openness: that wants you get it going, nothing can stop it. Further, you're the next target.

    Now, you might be like me, an ordinary guy, just sitting at the computer, eating a Cadbury bar and drinking water, not thinking about your privacy, but at any given moment, you're information is being traded behind your back by any number of coporations, banks, government agencies, and private citizens. But should you be concerned?

    Looking out the window, I see no black helicopters flying overhead. No g-men are breaking down my door to arrest me for having bootleg CDs. In fact, my life is no different than before. Sure, I get spam, sometimes, and tagreted banner ads, but spam gets deleted and I can just use IJB anyway. If these are you biggest problems, consider yourself lucky.

    Personally, I think the privacy freaks have it all wrong. With the Internet, all digital material, including your personal info, can't be contained. So what if advertisers know that you're a raving Linux zealot? Isn't it their business to know how to offer you consumer goods targeted at tech-savvy buyers? As far as I'm concerned, the Internet and capitalism go hand-in-hand, and this exchange of information will help capitalism, which will in turn help out the Internet far more than government robots like Gore or George "there ought to be limits to freedom" Bush. Your privacy is long gone, but right now we can at least enjoy the benefits that it brings, as long as the U.S. government doesn't screw something up (I'm speaking as and for USians now).

    So you have a choice: you can either accept your loss of privacy and get the great economic and technological benefits that it brings, or attempt to cripple the system with laws, which won't bring back your lost privacy anyway. Remember, it was us, the geeks, who wanted free information. This is our reward. Let's use it wisely.
  • Fraud??? (Score:5, Insightful)

    by BrynM ( 217883 ) * on Saturday May 17, 2003 @03:58AM (#5978999) Homepage Journal
    Since insurance money is involved, I wonder how long it will be before someone tries to hack the data. There are already a couple of sites [google.com] that are at least documenting some things and doing some tricks. Since the owner of the car generally has or can gain posession of it between when the accident happens and the data is subpeonaed (sp?), there is opportunity. It doesn't seem that the data is encrypted or hidden in any way, probably to make it easy on mechanics (simple and portable software).
    • This is, of course, when they start using encryption to hide the data from the customer...

      Like just about anything out there, the more something comes under the public eye, the more measures are used to secure it.

      Nobody ever thought of methods of proving a users identity back when email was first used. This was back when most of the people who used the net were actually honorable, and spam was a reprocessed meat, not an annoying message.

      • Re:Fraud??? (Score:4, Insightful)

        by BrynM ( 217883 ) * on Saturday May 17, 2003 @05:10AM (#5979145) Homepage Journal
        This is, of course, when they start using encryption to hide the data from the customer...
        Maybe, but how much will it cost to do any of the following:
        • Redesign/retool software and hardware technology to handle encryption (the US alone produces 15 million cars per year, just 25% of world production [autointell.net])
        • Retrofit 40 million existing cars to encrypt the data
        • Prove or disprove that the data on 40 million existing computers is suspect and should be ignored
        • Pass laws with stiff penalties to discourage hacking, which probably wouldn't stop it
        • Trust millions of mechanics not to share the decryption software or somehow prevent it's piracy (we all know how hard that is)
        I don't hink it's going to happen for quite a while. Auto makers will pick security through obscurity/obfuscation before they spend money on an insurance industry dilema.
        • Re:Fraud??? (Score:3, Insightful)

          by kenthorvath ( 225950 )
          Pass laws with stiff penalties to discourage hacking, which probably wouldn't stop it

          If I own the car (and hence the box) shouldn't I be allowed to hack it, or remove it from my system if I want to?

          • Though the airlines "own" the black boxes in planes, they are required to pass muster with the FAA and are (supposedly) routinely checked. I wouldn't put it past a state or two to try this with a tax attached to "cover administrative costs". Especially while most states don't have cash.
            • Correct track, wrong target. Commercial carriers are the only ones required flight data recorders. The people that check them are the federally licensed mechanics (sometimes the feds themselves) that can lose their license if they get caught "fudging".

              However, cars have all of that government mandated emissions control crap that is required and is a federal offense to remove/tamper. This intrusion could be extended to the computer, I suspect, in the same manner you outlined since the computer is part of
          • Currently yes, but if you use it to defraud your insurance than its a criminal act anyway you look at it.
          • Of course you are allowed (or should be allowed). But the government is also allowed to not let you on the road with your modified car, which I strongly hope they will.

            I'm really glad I live in Germany, where there are things like TüV to prevent you from endangering me.
      • just destroy the damn box before you get the supeona. As long as you haven't been served its not illegal.
    • That is the key word...

      Insurance companies, ever seeking more money from people's pockets are likely behind this.

      Indeed, given that insurance companies can JACK UP your rates beyond your means if you refuse to have one of these things, and auto insurance is REQUIRED BY LAW in most states, one must wonder if the insurance companies are becoming "de facto" government actors?
  • GPS Information... (Score:2, Interesting)

    by etrnl ( 65328 ) *
    This reminds me a lot of hearing about the auto rental places using GPS information to charge fines on people they think are speeding. At the same time, GPS data was used by some police units to send automated tickets to people believed to be speeding...

    --etrnl--
    • How is the GPS data getting to the car rental comnpany exactly? Are you suggesting the the car is either a) transmitting that GPS data back to avis, or b) the avis guys have a black-box fitted to the car that has been storing your entire time-and-motion log, in addition to the above mentioned black-box? somehow that strikes me as paranoid fantasy. i can assure you I have hired many dozens of cars over the last few years and sped in almost all of them at some stage, and have never been hassled by the car
    • I just asked to see their logs, and showed on the diff-GPS system where the car appeared to jump 20 feet in the air and do a 360 degree flip. When they saw that, they realized that the GPS device was messed up, and didn't charge me the fine.

      With the money I saved from that fine, I was able to upgrade my graphics card AND sound card on my computer. You wouldn't believe the difference that makes when playing GTA3.

      And yes, that is a variation of a much older drunk driving joke.

      Man and his family co

  • Using data in court (Score:5, Interesting)

    by jgardn ( 539054 ) <jgardn@alumni.washington.edu> on Saturday May 17, 2003 @03:59AM (#5979002) Homepage Journal
    I would suspect that the police would have to go through the normal means of obtaining a warrant before they could grab the data from the GPS system in the car. This would be no different that the police getting a warrant to rifle through a guy's home looking for evidence to convict him. It's just that a GPS system gives much more accurate data than a few hairs or a spot of blood could, in terms of location and time.

    If the government is able to have access to this data without a warrant, that would be unconstitutional, and might be a "Get Out of Jail Free" card. Even the patriot act doesn't allow that.
    • by Anonymous Coward
      The rental car company has no such restriction to accessing the data, and it can be used in interesting ways. Some unscroupulous rental car companies have added clauses that allow them to charge substancial ammounts more if the car is taken out of state without notifying the renter, and then do so when this happens, because they can, and can track it...

      So always look at the little print on those car rental contracts....
  • by Hittite Creosote ( 535397 ) on Saturday May 17, 2003 @03:59AM (#5979004)
    Why on earth haven't they told people about these devices? It's an obvious dangerous driving deterrent - if you speed and have an accident, your car will tell us.

    This isn't some nasty privacy thing - cars are dangerous things. If someone is driving like an idiot and causes an accident, they need to be banned from driving, and if these black boxes - which only record the last five seconds of data before the airbag inflates anyway - are the only way to get the evidence to do so, then so be it. Conversely of course, if the other driver claims you were speeding and your black box records that you were doing 30mph in the last five seconds, it'll let you off the hook.
    These things aren't recording your speed over large periods of time, they aren't downloading info to any police car that asks for it, they aren't transmitting your position to some control centre. So the engineer can look at it, so what, he/she gets to see how slowly you drove the car across their service station forecourt. So at the moment, I see them as nothing but good.

    • >Why on earth haven't they told people about these devices?

      Simple. Because now my next hack plans are to see what I can do to either disable that box, or to fix the data going to it. I expect I'm just one in a soon to be large pool of people hacking their cars.

      Wouldn't it be neat to go -20 km/h all the time! :-) "I couldn't have possibly caused that accident, sir, I was in reverse the entire time!"

      >So at the moment, I see them as nothing but good.

      And they sure are. But that doesn't mean I won't do what it takes to avoid getting in trouble. It's human nature.
      • >Why on earth haven't they told people about these devices?

        Simple. Because now my next hack plans are to see what I can do to either disable that box, or to fix the data going to it. I expect I'm just one in a soon to be large pool of people hacking their cars.

        Wouldn't it be neat to go -20 km/h all the time! :-) "I couldn't have possibly caused that accident, sir, I was in reverse the entire time!"


        The article mentioned that these units are also used to help tell the air bags when to deploy. So if you
        • The article mentioned that these units are also used to help tell the air bags when to deploy. So if you hack this system, it's altogether possible that your air bags might not pop up when you really need them.

          Erm. Fortunately, you are wrong. From the article: What's captured is the final five seconds leading up to a crash, or to the instant the car's electronic brain determines an air bag should deploy. The black box is not the brain, it's just a recorder. Hack freely...

          • The question is, do they include anything more than the final 5 seconds, and do they include GPS data? I'd be really surprised if my 97 Saturn does GPS, even though the sites that list such things say that it has an EDR in it. If all it includes are the things that you can see in the controls (speed, position of wheels, etc) right before a crash, then I definitely don't see why this is a huge deal. If on the other hand it's tracking my movements, that's not good. Even if I weren't doing anything wrong,
    • I'd like to see analagous technology applied to firearms as well. If a gun had a black box that recorded biometrics of the user, gps location and direction, time, and a small digital photo of the intended target we'd see a hell of a lot more responsible use of guns. sure it would add to the cost of a gun, but not by that much.

      I say anything that you can misuse to kill someone should have such data recording abilities.

    • "These things aren't recording your speed over large periods of time, they aren't downloading info to any police car that asks for it, they aren't transmitting your position to some control centre."

      The missing word is... YET.
    • In pretty big type too. I have a 2003 Prius, and in the section on airbags they describe that the box records all sorts of data about a crash. I don't have the book in front of me at the moment, but it was pretty hard to miss.

  • Crap (Score:5, Insightful)

    by ergonal ( 609484 ) on Saturday May 17, 2003 @04:01AM (#5979009)
    This is utter bullshit. Dealers should have to inform their customers that the car they're buying has a device that could incriminate them with ease in court. And who's paying for these devices? The consumer? Maybe they should be an optional extra. Yeah right.
    • Based on your argument, Netscape and Microsoft should have major disclaimers in their advertising because browser caches can be incriminating. Or how about core dumps. These and other things leave incriminating evidence.

      The key issue is that these devices in cars were designed and intended to do other things, NOT provide evidence in court. In most of the cases sited in the article, they run safety equipment such as air bags. It turns out that the equipment can provide other information. Just like yo

      • disclosure is important for two reasons: yes, these things can be used against you, but it can also be used *for* you.

        my problem is that the insurance company will waste no time pulling this out of a hat to deny a claim or raise your rates, but i doubt that they will tell you about this so that you can use this information to help you win a case against them. so i think everyone should know that they have a recorder. (if they have one)

        eric
    • Re:Crap (Score:3, Insightful)

      by GMontag ( 42283 )
      Well, a different observation of your arguement. You want tne dealer to tell you that the vehicle is equipped with rubber tires?

      Skid marks are a science too, even if you have ABS, when you go sideways your speed can be estimated by the skidmarks on the road.
    • Re:Crap (Score:3, Insightful)

      by DavidBrown ( 177261 )
      This is utter bullshit. Dealers should have to inform their customers that the car they're buying has a device that could incriminate them with ease in court. And who's paying for these devices? The consumer? Maybe they should be an optional extra. Yeah right.

      Why? There's no reasonable expectation to privacy with respect to the speed you are driving, or anything else related to how you are driving. Despite the wishes of some, there is no constitutional right to privacy here. Since your legal rights are

  • Car ECU's... (Score:5, Interesting)

    by Chicane-UK ( 455253 ) <chicane-uk@[ ]world.com ['ntl' in gap]> on Saturday May 17, 2003 @04:01AM (#5979010) Homepage
    Car ECU's do seem to hold a lot more information than perhaps most people think they do... and I personally think its for the better.

    I am certain that on a number of higher priced cars (such as Porsches or BMW's) they record lots of little details.. like the number of standing 'sprint' starts you have made as a pose to just regular pulling away from lights etc.

    A friend recently had to visit the dealership to have his ECU reprogrammed on his brand new Peugeot 206 - they were able to determine from that what, amongst other things, his top speed had been since owning it.

    I feel its a good idea for car manufacturers to do it though.. it helps them when it comes down to court cases and complaints about the 'quality' of their car, if they can see how their cars are been driven. They can then gauge if the wear on parts relates to the style of driving and can absolve themselves from any responsibility.
    • by Timesprout ( 579035 ) on Saturday May 17, 2003 @04:10AM (#5979036)
      I am certain that on a number of higher priced cars (such as Porsches or BMW's) they record lots of little details

      Unfortunately we will be able to verify this. All the geek owned flash motors have been repo'ed since the dotcom bust.
    • Re:Car ECU's... (Score:4, Interesting)

      by LinuxGeek ( 6139 ) <djand.nc@NoSPam.gmail.com> on Saturday May 17, 2003 @05:17AM (#5979155)
      Any car with an OBD-II (1997 and later IIRC) port has an embedded computer that stores operating and error conditions. Many early 90's cars had varying levels of storage and monitoring capabilities.

      One interesting thing is that my 1990 Eclipse has an ecu that I can use to disable individual fuel injectors, count how many knock sensor signals were detected, etc. My 2001 Jetta 1.8t can't do all these things. The data sample rate on the eclipse ecu is about 70/sec, about 3/sec through the OBD-II port.

      The VW ecu tracks highest road speed, highest engine rpm achieved average shift rpm and more. Basically, the newer car computers track more info that will be useful for the manufacturer, and less that is useful for the owner.
    • Re:Car ECU's... (Score:3, Interesting)

      A friend recently had to visit the dealership to have his ECU reprogrammed on his brand new Peugeot 206 - they were able to determine from that what, amongst other things, his top speed had been since owning it.

      I remember reading some time ago about a guy who tried to keep the milage down on his car by disconnecting the speedometer cable. I think it was a BMW - something expensive, anyway. Only problem with that was when, after some thousands of unclocked miles, he hooked it back up, and then stared in

  • by SeanTobin ( 138474 ) * <byrdhuntr@hoCOMMAtmail.com minus punct> on Saturday May 17, 2003 @04:02AM (#5979017)
    Its been said before, but here are the various spots going down on the personal liberty/privacy slide:
    • Black boxes introduced to help car companies gather data to 'improve safety.' Recorded data is minimal and access is limited to the manufacturer. Sheep are happy.
    • Black boxes are increased in capability so as to gather more safety related data. Sheep don't really care.
    • Black boxes are used in a case where there was no other evidence to rely upon (Jerome Brown in 1992) . Sheep hear about it being used in a good way. Happy for a while, don't care in 2 days.
    • Black boxes are open to more companies than the manufacturers, but on a limited basis. Sheep don't care.
    • Black boxes are opened to everyone via simple diagnostic tools. Sheep are concerned, but after a trip through the petting zoo they don't care.
    • Black boxes are increased in data storage capacity once again. Sheep aren't told. Still happy from petting zoo.
    • Black box data recorded after an accident by police at the scene of a collision. Admissible as evidence, but easily contradicted by attourneys. Sheep that think they don't have one of these boxes are happy.
    • Black box data recording is made mandatory on all vehicles, for previously mentioned 'safety' reasons.
    • Black box data can be collected by police at a traffic stop, to prove speeding or seat belt usage. Smart sheep are upset and smash thier black boxes. The rest of the sheep believe the spin that this can be used to fight 'unjust traffic tickets.'
    • Black box data now collected by insurance agents at the scene of a accident. Remarkably insurance premiums still manage to go up. Sheep are upset.
    • Black box data is now able to be transmitted wirelessly via bluetooth/802.11g/rf. Makes it simpler to access data, reducing the 'hassle' of police having to retrieve the data via cable. Boxes now store 30days of driving data. Sheep believe the spin that this is for thier convienence.
    • Insurance companies give discount to install 'remote monitoring' equipment in your black box. The reason given is to inform them immediately if you are ever in an accident, so they can provide better service. Sheep are confused, but like the discounts, and the 'free' upgrade.
    • Premiums rise mysteriously on sheep whose right foot is heavier than thier left. News at 11.
    • Upgraded black boxes are subsidized by insurance companies at manufacture. Sheep like getting the $500 'personal safety' upgrade on all thier new cars for free.
    • Sheep are slaughtered because they are too stupid to stand up for themselves when the butcher comes along. Nametag on butcher: Sam.


    Save yourselves! Rip these things out right now! Write your senator! E-Mail your representative! Hack the thing so it continueously records you going 25mph with your seatbelt on! Just don't sit there and let anything your car says be used against you in court.
    • by Hittite Creosote ( 535397 ) on Saturday May 17, 2003 @04:39AM (#5979100)
      Absolutely, I demand the right to drive at 90mph in a 30mph zone, carving down any small children who run out into the road with the bullbars on the front of my 4x4, while firing my shotgun out the window, and get away with it.

      For crying out loud, if someone is speeding and causes an accident, they deserve to get stiffed by the law because they are a dangerous, arrogant, son-of-a-bitch. These people kill. Having a box that records five seconds worth of data is not a problem. You think you should have a right to endanger other people's lives and break the law? If you think the law on speeding is wrong, campaign against the law. If you think the speed limit is too low, campaign to raise the speed limit. But if you think it's right, then why on earth should you have the right to break it and not get caught?

      Not all your points are garbage - the police should not be capable of recording onto such devices, and Insurance companies shouldn't have access to the things, but people who drive well already tend to get lower premiums than people who drive badly - don't you have 'no claims bonuses' in your part of the world? Age-related insurance levels?

      • Good sheep don't speed anyway, because 1) they could be sentenced for this 2) it's not safe. If they do cause accidents, it's because they just don't look where they're going.

        As for speed limits, there are people for whom even the current speed limits are too high. Is the senior citizen who drives 50 kph in 90 zone (slows down to 30 in the 50 zone) and slows down every time the driver in the car just behind decides to get some space between the two cars in case the senior citizen in front should suddenly b

      • If you think the law on speeding is wrong, campaign against the law. If you think the speed limit is too low, campaign to raise the speed limit. But if you think it's right, then why on earth should you have the right to break it and not get caught?

        I think that the laws of privacy are wrong and am campaigning against the use of black boxes to intrude upon my privacy. How is this any different? Just because the removal of the black box increases my chances of getting away with a crime does not preclude my

      • If you think the law on speeding is wrong, campaign against the law.... why on earth should you have the right to break it and not get caught?

        Because not all laws are just, and not all unjust laws have reasonable ways of changing them. Someone may not have the time and energy to mount a campaign. A campaign that does get started may have no effect, and there is generally no fixed timetable in which to tell when an outcome will emerge. An eventual failure of the campaign to change anything may have not

  • by jkrise ( 535370 ) on Saturday May 17, 2003 @04:03AM (#5979018) Journal
    From the ref. article:
    "the data from black boxes, which are on about 40 million cars in the USA"

    6 of the 8 posts so far show that they aren't even awware that such a thing exists on cars. Is this an informed society? Or a purposely misinformed, under-informed or engineered society?

    Maybe 10 billion of our clothes already contain RFID tags? A few billion of our wrist watches already contain bugs? Seems like paranoia is the only sensible option to remain sane.
  • by Lord Prox ( 521892 ) on Saturday May 17, 2003 @04:07AM (#5979028) Homepage
    My '97 Starun SC2 had an electrical problem a little while ago, something called the RKE module fried. OK not a big deal I thought to myself, it's a machine and things fail. What caught my attention was the fact that I always ask for the old parts back. I think there is a california state law about it or something, and just to make sure I am not getting ripped off. The funny thing is the dealership refused to let me have it. Some BS about security and the car alarm ( At the time I thought the mechanic I was talking to just made this up for whatever reason) so I didn't argue as the car worked.

    But now I read this and am wondering... is the standard GM "black box" contained in the RKE module? Does anyone know what exactly goes on in the RKE besides car alarm functions. Seems like a rather big box for just an alarm, even factoring in GM's bloated-lo-tech way of doing things.

    Or am I just paranoid?
  • by aepervius ( 535155 ) on Saturday May 17, 2003 @04:26AM (#5979072)
    ...I wished the other's car had such things. I was on bicycle, came from his right on a prioritary road, he had a stop, and he swore he braked when he saw me , but I only saw him swerve to try to pass anyway and there was no "braking" sound. Such a gadget would have put him back in place and forced him to pay my health care (skin and flesh ripped on my right leg, rib cage a bit bent, left hand ripped bleeding like hell and still not usable 100% 5 years after). He got off "lightly" with some point off his licence, instead of a big minus or a cancel since he andangered my life by not braking. A black box would have maybe proved it.
    • by Anonymous Coward
      Of course it'd be only fair if your bike had one as well.
    • ...that the majority of Automobile vs. Bicycle accidents were caused by cyclists pretending they were pedestrians wearing body armour.

      I don't know the specifics of your accident, so I won't make a judgement there, but the fact remains that the majority of cyclists (at least in my area) totally ignore the rules, 100%. This means that the very few legitimate cases tend to be downplayed. Sorry if you got the short end of the stick. Perhaps you might consider driving a vehicle that's a little more "respecte
  • "you have the right to remain silent, if you give up this right anything you say can be used agenst you in a court of law". --- Generic Maranda warning America

    Don't get me wrong... if I'm dead i'd be happy to share my black box information. However...

    Until i'm dead, that information is mine to do with as I please, just as any personal data is. At the very least a warrent should be required to gain access to this information. Unless they record audio though, they are not nessicarly protected under wiret
  • Unbiased? (Score:5, Interesting)

    by stephanruby ( 542433 ) on Saturday May 17, 2003 @04:56AM (#5979124)
    "Some prosecutors and defense lawyers say that the data from black boxes, which are on about 40 million cars in the USA, provide an unbiased account of accidents."

    In the airplane industry, the hundreds of little black boxes that belong to a typical jetliner can only be read and interpreted by the specific airplane manufacturer that made them. The resulting simulation may appear to be an unbiased account of what truly happened, but we really don't know that -- the system used to decode them is a closely guarded trade secret.

    In the automobile industry, those same black boxes will serve the interest of whoever develops them and puts them in your car. If your car manufacturer puts them in, they will be biased in favor of your car manufacturer. If your rental company puts them in, they will be biased in favor of your rental company. And if your car insurance company makes you put them in, they will biased in favor of your insurance company.

    May be I'm just paranoid, but I would really like to see somekind of black box kit we could develop ourselves and install ourselves.

  • oops, this thread isn't about closed source software. In this case, information doesn't want to be free. Why are we always telling information what it wants to do?
  • by joelparker ( 586428 ) <joel@school.net> on Saturday May 17, 2003 @05:20AM (#5979163) Homepage
    Are you a safe driver? ALWAYS?

    PROVE IT to your insurance, employer, and goverment:
    bring your car to us and we'll switch your BLACK box
    with our WHITE box, always driven under 25 MPH,
    always seat-belted, by our team of grandmothers!

    Cheers, Joel

  • by TyrranzzX ( 617713 ) on Saturday May 17, 2003 @06:38AM (#5979290) Journal
    Alright, so let me get this one straight.

    The black box is supposed to help the police and prosecuters figure out the speed before an accident, and car companies fix defects in their design?

    That, my friend, is what I call a shovel of bullshit.

    Firstly, speed can be gandered by a number of methods, mainly by the length of skidmarks.

    Secondly, since when did car companies begin caring about their customers getting killed? As soon as the car is sold, they don't give a ratsass about it unless you stop the payments, inwhich case they reposess it and try to sell it for more than it's actually worth.

    Blackboxes are on airline jets becuase, well, there's gotta be an excuse besides "we didn't maintain the plane properly" when one goes down, and it's nice to know what happened. Popular ones are: Sheets of ice were on the plane wings hindering movement, wind broke a wing, or my personal favorite, the piolet was drunk(why would a piolet fly if he was drunk? I'd think if they are smart enough to fly, they are smart enough not to drink and fly). Mostly, it makes a certain amount of sense; if boeing makes a few thousand planes with defencts, the industry is going to find a way to fix them becuase if a large percentage of a fleet of 500 planes goes down, they've got a major financial and PR crisis. How are you going to explain 5 or 6 planes crashing in a 2 month period? Blackboxes help to detect defects. On planes, they are justified to an extend, but on cars...it just doesn't add up.
  • by tulare ( 244053 ) on Saturday May 17, 2003 @06:43AM (#5979305) Journal
    But really. The technology exists to put these things in cars, and they are put into cars. They are useful for post-incident forensics. Two reasons for this are civil and criminal court cases. Yes, there are privacy concerns.

    But really, what is the threshold of one of these getting yanked out of your car? That is the matter that needs to be addressed with the courts and the statehouse. Black boxes have been in commercial aircraft for a long time, and yes, they have been used in civil and criminal court cases. But nobody complains (that I've heard anyhow) too much about the privacy of these. Of course, the FAA has seriously strict guidlines regarding the release of voice transcripts and other information.

    Perhaps a good compromise (probably defeated by fait accompli) would have been to limit the recorders to commercial vehicles such as trucks and buses, where the implicit right to privacy on behalf of the driver is somewhat more limited to serve the public interest. Dunno.
  • by Billly Gates ( 198444 ) on Saturday May 17, 2003 @07:02AM (#5979345) Journal
    If someone smacks into me for example, I assume both mine as well as his black box could tell the court exactly what happened. It is only my word agaisnt his. People lie about who did what in accidents all the time. Black boxes could help.

    I did hear rumors about insurance companies wanting to charge drivers by the mile! This really pisses me off since I use to do copier repair. Why should I be charged for driving my own car so I can work? The insurance industry would love to own all cars to satisfy their stockholders like Microsoft loves to own all computers.

    Anyway it would be nice if these boxes could stay but under some rules.

    1. Search warrant required to review data
    2. No GPS or protection from insurance companies watching my driving habits
    3. Only be used in court of laws.

    Speeding is hard to prove. Especially if you live in California and 90 to 100mhh is typically average on some highways during non rush hour. Where I am in Vegas route 15 to Los Angeles has Californians going 90 on average on the way back to LA. They are nuts. I would hate to be fined while driving at the same speed as everyone else on the road.

    Anyway I do not have a problem if this is not abused.

    But I do agree consumers have a right to know about black boxes upon purchasing as well as renting cars.

    • I did hear rumors about insurance companies wanting to charge drivers by the mile!

      The gall!

      If, say, the average person was involved in one accident every, say, 100,000 miles, who is going to be more expensive to insure, the guy that drives 100,000 miles in a year, or the guy that drives 10,000 miles in a year? One will be in an accident once a year while the other will be in an accident once in ten.

      Now are you going to suggest that both should have the same insurance premiums?
  • I hate the technology, but if it's there then people will use it.

    My 7-year-old nephew was killed by a drunk driver on his way to school this year, and if the guy would have had a black box, then believe me -- we would have used it in court.

    The problem with technology is that it is dangerous, and once it's out there it will be used and abused. Just like anything else (like alcohol :-( )

    Such is life...
  • by adzoox ( 615327 ) * on Saturday May 17, 2003 @07:08AM (#5979359) Journal
    Two days ago when I went to court for a parking ticket violation, I noticed one person before me was having "theft magnet fliers" used against him.

    Apparently our police department, without knowledge to the public, patrols condo and high end apartments placing fliers that say,

    "Your car is attracting theft for the following reasons:

    Your doors are unsecure, unlocked, convertible top down

    You have _________ in plain view

    You do not have a security system

    Your custom _________ is unsecure

    You have items on your porch that may attract theft

    A note from the Greenville County Police Department"

    At first, you think this sounds great. "I'm glad the police are patrolling and keeping me safe" Well, in this case, the man's insurance company wasn't going to pay because the police department apparently writes down your license information when they place a flier on your car. IF you do call to report a break-in that information is added to the police report that is sent to your insurance company when you go to make a claim.

    To bring this back to topic. There are many things that we have to be aware of when we purchase with anonimity or use things that can be traced to us (IE car through license plate) This is one reason I like to try to get records of any traceable thing I have (credit cards, license, email, phone, local police, BBB report, eBay, etc) every 3 years. ( I have a list of 25 sources that collect information about me and a form letter I use to request information)

    I was surprised to find out a couple weeks ago that the post office even has a rap sheet on me. (Rude to desk clerks, mailing in improper boxes, mailing improper rate)

    Without trying to instill FUD, just be aware of how FREE you are and how FREE you are not in a trackable, traceable with seamless technology society.

  • Which cars have it?

    How do you disable it?
  • Whenever one operates a vehicle on a PUBLIC highway, one shall not expect any kind of privacy whatsoever; every one's moves as a driver is subject to public strutiny.

    And, likewise, driving is a PRIVILEGE, that is, something that is not automatically granted but something that can be withdrawn by the authorities (just try running all the red lights you see, and check what happens to your license).

    Therefore, if it is necessary for the public good to install mandatory car event-recorders that are downloadabl

  • Silly prosecutor (Score:4, Insightful)

    by sjames ( 1099 ) on Saturday May 17, 2003 @08:12AM (#5979523) Homepage Journal

    The shame of this is, the black box data isn't even needed. Surely, simple forensics could differentiate between a collisionat or near the speed limit (with or without braking) and one at 103 MPH. There is little reason to introduce controversy into the case. As for the DUI, the blackbox can't help there, it could only show reckless driving (which simple forensics could also prove, driving about 100MPH in a 30MPH zone is definatly reckless).

  • Now whos laughing all you people who thinks an '88 Ford Ranger with 225,000 mile sucks.

    Hahahahaha...
  • The privacy freaks are nuts.

    If I'm doing something dumb, I usually don't want to broadcast it. And by converse, if I don't want to broadcast something, it's a good indicator that I'm doing something dumb.

    We're not talking about freeing our country from the King or a right-wing cabal. We're talking about driving a potentially dangerous weapon down the street.

    Trying to remain anonymous about your ability to use common sense when driving a vehicle is a gross misuse of anonymity. Most traffic laws do make
  • by twelveinchbrain ( 312326 ) on Saturday May 17, 2003 @08:30AM (#5979579)
    Some of the posters don't think these black boxes should exist, but there is at least one very legitimate reason for its continued existence. In the 1980's, there were claims that the Audi 5000 sometimes accelerated on its own, with no input to the gas pedal, and despite hard braking. Some injuries were involved. Unfortunately, IIRC, nobody could pinpoint the exact reason for these claims. Some suggested that the real problem was that the design and placement of the gas and brake pedals were causing drivers to erroneously accelerate when they intended to decelerate.

    Audi US sales plunged to oblivion. Audi was forced to discontinue the 5000, and it took several years for the public relations nightmare to subside. If the black box were available then, we could easily have determined the true cause of the problem. If it were indeed a legitimate defect in the car, it could have been resolved very quickly, thereby preventing further injuries. If it were driver error, Audi could have been spared the tremendous losses they suffered. Both the manufacturer and the consumer would have benefited from this technology.

    Come to think of it, based on the timing, I wonder if this isn't what motivated the development of automobile black boxes in the first place?
  • by KD7JZ ( 161218 ) on Saturday May 17, 2003 @08:53AM (#5979680)
    It was recently revealed that the NTSB has been working with some automanufacturers to deploy black boxes in passenger vehicles. Of special interest was drivers last words immediately before impact. In 49 of the 50 states, it was typically "Oh, shit", but in here in Montana, most drivers last words were "Hold my beer and watch this!!"

  • by supernova87a ( 532540 ) <kepler1.hotmail@com> on Saturday May 17, 2003 @10:49AM (#5980167)
    People living in the United States seem to have come to a very wrong belief about the concepts of "self-incrimination" and privacy -- to the extent that I think many of us do not really understand what these concepts mean anymore.

    Take the constitutional amendment against self-incrimination. Do you really think that this protection was put into place to prevent evidence from your car being used "against you"? For godsake, this amendment was created to prevent people from being tortured or coerced into false confessions by the government, a basic human right. It's kind of embarassing to have this human right turned into "my car's data recorder cannot be used to incriminate me", don't you think? Since when did your car become an extension of your body, subject to the protections of the constitutional restriction on self-incrimination??

    And then, the issue of privacy. People here have come to the belief that "privacy" means that nothing you do should ever be aired for anyone else to see. Again, a perversion of what was fought long and hard for. Privacy is the right of common citizens to be let alone in their daily affairs, to be secure in their peoples and posessions from unwarranted intrusion by others. It is *not* the right to conceal information in a car crash. Sorry.

    This is a problem in a prosperous society, where many people have forgotten the reasons why urgent protections were needed from different kinds of intrusions by government or others. Basic rights have been manipulated to become more and more, rights of luxury and desire -- so that we claim violation of basic rights for the most trivial (or undeserving) things. The "right" to smoke in bars? The "right" to have an unobstructed view of the beach? etc etc. We need to get a grip and not squander the real rights that were wisely given to us.
  • by supernova87a ( 532540 ) <kepler1.hotmail@com> on Saturday May 17, 2003 @10:57AM (#5980212)
    ''It's only partly about privacy. It's mostly about fairness,'' says Marc Rotenberg, executive director of the Electronic Privacy Information Center in Washington, D.C. ''Invariably, the information is used against the driver.''
    well duh. That's because most of the time, the black box is showing that the driver just lied about the accident...
  • by retro128 ( 318602 ) on Saturday May 17, 2003 @11:15AM (#5980326)
    I know I'm in the minority here, but the slippery slope and big brother aside, how bad are these things, really?

    Lurking around a bit, I noted that many people are saying "How come nobody's been told about these things? Is it a CONSPIRACY?" I doubt it.

    This so-called "black box" is nothing but the OBDII diagnostics module, which every car built after 1996 has. It keeps track of how just about every subsystem in your car is functioning, as well as realtime statistics such as speed, RPM, temperature, mixture, etc. For a complete list of general error codes, take a look at these pages:

    Chassis [scantool.net]
    Body [scantool.net]
    Powertrain [scantool.net]
    Network [scantool.net]

    When "Check Engine" comes on, OBDII has detected a failure in one of these subsystems and logged it. Your dealer plugs their computer into the diagnostics port, finds out what the error is, and fixes the problem (usually), and clears the code. The site I referenced for the error codes, Scantool [scantool.net] has circuit specs and software you can use to access this data. The downside is that there are three OBDII protocols, and with this system you need a separate module to read each one. There are other places you can go to get a universal reader, but prices are usually pretty expensive.
    The upshot is that's it's relatively cheap, and if you like electronics and want to build it yourself it's even cheaper. Autozone stopped doing the free OBD scans, so I used this little project as an excuse to learn how to print my own PCB and have my own diagnostics card for when I need it. Also a big plus is that the software source code is available.

    Allright, now that I'm off my tangent, I'll get back to the original subject. It's pure conjecture to guess why the realtime statistics are put in a rolling log for 5 seconds. Could it be a deal with insurance companies? Maybe the computer averages the saved statistics to determine if there's an event? Maybe the orgininal intent was for safety? Who knows?

    But remember the data not only can be used against you (which won't happen, you are all safe drivers, right??), but also to exonerate you if the other driver tries to set you up.

    And in the article, I didn't see any uses of the logs I particularly disagreed with. If your drunk ass is doing 120mph and you kill two teenage girls, maybe you need to be put in the cooler for awhile.
  • by Animats ( 122034 ) on Saturday May 17, 2003 @12:31PM (#5980659) Homepage
    The units in passenger cars only see the vehicle controls. The latest Eaton VORAD [roadranger.com] units, for heavy trucks, include a radar. A good one, not just a speed gun type device.

    I have one of these units pointed out my window right now, looking at an intersection. (I'm testing one for a robotics application.) Here's what it reports:

    • [151] # 68: 101.1 ft. -5.3 fps 0.046 radians
      [151] # 70: 224.6 ft. 38.2 fps -0.032 radians
      [152] # 68: 100.8 ft. -5.3 fps 0.046 radians
      [152] # 70: 226.9 ft. 38.4 fps -0.032 radians
      [153] # 68: 100.4 ft. -5.3 fps 0.048 radians
      [153] # 70: 229.0 ft. 38.4 fps -0.032 radians
      [154] # 68: 100.1 ft. -5.4 fps 0.050 radians
      [154] # 70: 232.0 ft. 38.5 fps -0.032 radians
      [155] # 68: Dropped.
      [155] # 70: 234.5 ft. 38.6 fps -0.032 radians
      [156] # 70: Dropped.
    (Target #68 is 101.1 feet away, approaching at -5.3fps on a relative bearing of 0.046 radians. Target #70 is 224.6 feet away, etc.) The data is updated every 65 milliseconds.

    This allows detailed accident reconstruction. The data can be viewed graphically, of course, and trajectories and speeds can be plotted right up to the crash. If any vehicle in a collision has this equipment, it's possible to tell what the other vehicles are doing.

    There are tens of thousands of big rigs on the road with these units right now. They're starting to appear in RVs. A few more years will see them in cars, as the price comes down.

    They do more than log. There are warning alarms. Some versions will slow down the vehicle. These devices are already reducing accident rates for big trucks. Another generation of this technology and radar/computer control will prevent many more collisions.

    Dividing the braking task between the driver and the computers is tough. But we already have elaborate ABS systems with computers and gyros, and those are well-accepted. This is the next step. It's reasonably clear that when a collision is inevitable if braking isn't started within a few hundred milliseconds, the anti-collision system should apply the brakes. At that point, it's too late for human intervention. Whether the system should always prevent tailgating is less clear. VORAD units will do that in cruise control mode, but the driver has to turn that on.

According to the latest official figures, 43% of all statistics are totally worthless.

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