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Black Box in Speeder's Car Helped Conviction 864

sessamoid writes "This article in Newhouse News tells the story of a man who was recently convicted of two counts of manslaughter and vehicular homicide each, partially on evidence obtained from the Electronic Data Recorder (EDR) in the car. EDR's are found in all cars with airbags to measure the performance and effectiveness of the airbags and the conditions in which they are used. In this case, the EDR revealed that the driver was not travelling at 60 mph, as he claimed, but actually peaked at 114 mph (in a residential neighborhood) just seconds before the collision. Could this be the forerunner of many such cases in the future, where our cars tell the unadulterated facts, rather than subjective personal accounts?"
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Black Box in Speeder's Car Helped Conviction

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  • Zappers (Score:5, Funny)

    by Victa ( 186697 ) on Monday June 16, 2003 @12:23AM (#6209389)
    Does this mean that I have to microwave my car now???
    • Re:Zappers (Score:5, Insightful)

      by confused one ( 671304 ) on Monday June 16, 2003 @06:59AM (#6210802)
      Not if you want to drive it...

      Look, this nut was doing 100+ in a residential neighborhood. He got what he deserved.

      • Re:Zappers (Score:5, Insightful)

        by FlyGirl ( 11285 ) on Monday June 16, 2003 @10:15AM (#6212597)
        He got what he deserved

        That may be true. But so would a murderer whose house was searched without his permission if that evidence were admitted.

        Historically, our judicial system has been willing to allow guilty people to go free when their rights (especially privacy) have been violated as a mechanism to deter the law enforcement agencies from violating those rights.

        And I, for one, happen to think that things should stay that way.

        So, "he got what he deserved" is not the point... the ends do NOT always justify the means.
        • Re:Zappers (Score:5, Insightful)

          by confused one ( 671304 ) on Monday June 16, 2003 @10:36AM (#6212859)
          Was it done without his permission? Was it done without a warrant?

          In our legal system, a search can be done without permission of the premises owner, provided a judge is shown there is probable cause; and, he agrees to issue a warrant.

          In the case where the skid marks and level of damage clearly indicate he was doing in excess of the speed he claimed, I don't see a problem with any judge issuing a warrant to do further investigation, ie. checking the black box.

          I don't have a problem with protecting individual rights, in general. The "He got what he deserved" comment comes from my gut impression where I'm imagining my 2 year old playing in the front yard while a car plows through doing 114mph. At that speed, my 2 year old is very dead!

  • by Rylfaeth ( 138910 ) on Monday June 16, 2003 @12:26AM (#6209405)
    "Could this be the forerunner of many such cases in the future, where our cars tell the unadulterated facts, rather than subjective personal accounts?"

    Yeah, for about 3 weeks before an EDR modchip hits the market that reports whatever you want it to report.
    -Rylfaeth
    • by OwnerOfWhinyCat ( 654476 ) * on Monday June 16, 2003 @12:41AM (#6209497)
      Well, in that case you'd be violating the DMCA or a terrorist, whichever is more expensive in your state.
    • "Could this be the forerunner of many such cases in the future, where our cars tell the unadulterated facts, rather than subjective personal accounts?"


      Yeah, for about 3 weeks before an EDR modchip hits the market that reports whatever you want it to report.
      -Rylfaeth


      This seems awfully big brother-esque material... it's scary to think that I could be "autofined" in the future for whatever offense--running a stop sign etc... using technology available today.

      Makes me want to keep my 1987 Dodge Colt :D
      • by RyuuzakiTetsuya ( 195424 ) <taiki@co x . net> on Monday June 16, 2003 @01:44AM (#6209778)
        Why not? I mean, it's a deterrant isn't it? Automotive safety is a matter of everyone's safety. If clamping down on crazy drivers doing 2x the speed limit, then why not? It's not like we're talking automatic face recognition. We're talking about stopping people who are driving half to one and a half ton potential killing machines.

        • by Zebbers ( 134389 ) on Monday June 16, 2003 @05:21AM (#6210471)
          its not stopping people

          its used after the fact

          i highly doubt youll find people saying 'hmmm, im not gon do 115mph, cause i know i have a blackbox and might crash"

          they dont think theyll crash

          it starts with 2x speed limit. then they get greedy. look at the state of speeding tickets right now....its sick. cameras, autotickets- etc, etc. there are other fabolous ways to find crash speeds. a data recorder shouldnt be one of them.
          • by TGK ( 262438 ) on Monday June 16, 2003 @06:52AM (#6210761) Homepage Journal
            But those methods are consistantly struck down by the Courts as being insufficient grounds.

            First off, if there's not a clear shot of the person's face, there's no way of knowing WHO was driving the car. Even if there was a clear shot, if the police department is using some sort of automated system to mail the tickets it's likely to get enough falty tickets (since it would mail to the person the plates are registered to) to be removed as a legitmate method of distributing tickets etc in the first place.

            This kind of technology, especialy given that it is currently only accessable after a crash, is a great way to determine who is actualy at fault. Now, you might argue that there is the danger that this technology will be used out of its intended context, providing data on drivers who have not yet injured someone or their property with their car. But to do that these recorders would have to be equiped with a LOT of new equipment. First among them is GPS and a navigational map of every area the car can reach. Of course all of that data would have to be provided wirelessly, as speed limits change, traffic patterns evolve (or devolve as the case may be) and the timing on stoplights changes.

            No, I'm not worried about these invading my privacy. The infrastructure requirements to do this would so far outstrip the possible income to the States and the police departments as to make this a giant hole into which to throw money.
            • by darthtuttle ( 448989 ) <meconlen@obfuscated.net> on Monday June 16, 2003 @08:53AM (#6211623) Homepage
              Have you seen OnStar? People are paying for this technology them selves already! GPS, check. Map, check. Satellite communications, check. Sure, your not going to catch people running stop lights, but you can get them at stop signs, it's not a large leap to catch them with the stop lights and you sure can track when and where a car has been, and how fast they are moving.

              "Your Honor, I was here at 5:45 and I was there at 6:30"

              "Your Honor, This evidence from OnStar says he was here at 6:00 and there at 6:15"

              "Guilty!"

              How long 'till the police are tapped in to OnStar or other similar systems. We've already seen the case of black boxes used by car rental places to monitor the drivers for speeding. That one was overuled, but only because it wasn't the government who got to collect.

              For a few years people have been doing research in to automated trafic control where central computer systems control the cars on the road. They will know where your car is and has been.
        • Lets face it.... 1.5 tons @ 98 mph is an extremely effective demolition tool.
          I speak tongue-in-cheek because my best friend and his gf were killed by a driver moving at 90 mph thru a red light....by a truck vs a small compact car.
          If it helps put the bastards away for life for murder, which is what I felt it was... then all the better. I'll give up that little bit of safety so that no one else will ever have to experience that phone call.
        • by Ioldanach ( 88584 ) on Monday June 16, 2003 @08:34AM (#6211429)
          Why not? I mean, it's a deterrant isn't it?

          Ok, only one quote comes to mind...

          Strangelove: [corky.net] Yes, but the whole point of the doomsday machine is lost if you keep it a secret! Why didn't you tell the world, eh?

          Seriously, how many people other than us geeks are aware of these? Personally, I've seen references to them on slashdot over the past few years but that's it. These references have caused me to do research to find out more about them, but how many people who read this article had any idea EDR's or CDR's even existed?

          Personally, I think every car with an EDR/CDR should have a warning label "This car records data that will be used to testify against you." Unless you're warned that such a device exists and can be used against you, I think it should be considered much the same as electronic eavesdropping without consent.

          As much as I dislike people who break the law, and even kill others in the process, I find use of this data to be tantamount to self-incrimination, a concept which is completely unconstitutional. Of course, by presenting only this sort of worst-case scenario to the general public, law enforcement and the insurance companies will get the go-ahead from the general public. From there, it should get easy for the EDR's data to be subpoenaed for everything from major accidents down to traffic violations. "Claim you weren't speeding, eh? Lets take a look at the data. Yup, 58, and you were in a 55. Look, we know your speedometer said 58, its recorded right here."

          I'm usually not prone to paranoia, but this is one of the few subjects that strikes a chord.

      • by ipfwadm ( 12995 ) on Monday June 16, 2003 @02:50AM (#6210006) Homepage
        Many cities already have cameras on traffic lights to catch people running the red light. I know, Baltimore sent me a nice picture of my car heading through the red light 0.3 seconds after it turned, complete with a close-up of my license plate. In return, I sent them $75. As much as I was annoyed at the time, it's a damn good idea, given the number of people that run the stupid things. Especially those in the left turn lane that keep turning 10 seconds after the light's changed. I got in an accident that way, a guy just turned right into me without even looking to see if I was there.
    • Works both ways (Score:5, Insightful)

      by A nonymous Coward ( 7548 ) * on Monday June 16, 2003 @01:46AM (#6209788)
      I am all in favor of cop cameras, so as long as cop cars have these tattle tales also, it's wonderful. How many times have you followed cops around who don't come to full stops, who speed without lights or siren, who generally get away with bad driving even when just cruising? Remember about two edged swords.
      • Re:Works both ways (Score:5, Informative)

        by The Madpostal Worker ( 122489 ) <abarros@gmail . c om> on Monday June 16, 2003 @03:49AM (#6210191)
        Actually most police cars aready have these chips. These chips started out in fleet vehicles(ambluances, police cars and the like) and just now are moving to consumer cars. Also many cop cars have video cameras that they turn on when they're pulling cars over or persuing a car. The cameras not only gather evidence, but should they be involved in an accident (Well we can see on the camera that the cruiser cross into the opposing lane.)
        • by Riskable ( 19437 ) <YouKnowWho@YouKnowWhat.com> on Monday June 16, 2003 @07:23AM (#6210932) Homepage Journal
          Just an FYI: A cop has no obligation to put on their sirens or emergency lights when doing the things you describe. It's merely an option for them--and they should use those tools whenever possible for their own safety.

          In a sense, they are, "above the law" in regards to the rules of the road. The reasons for this are obvious: secretive persuit, getting to a crime scene without alerting the perpetrators, etc

          However, they *CAN* get in trouble if they're just roaming around like a maniac without a good reason. Feel free to report any cop that does this (I've done it, though, I can't say that they were punished for it). One complaint probably won't do much, but it goes on their record for quite some time, so if that cop ever causes an accident or whatever, it could come up in court. Actually, now that I think about it, this probably varies from state to state or perhaps even county to county.

          Unfortunately, the only way to complain is to write a written letter to the sherrif's dept. or state police dept. Make sure to include the time and his car number.
      • Police cruisers (Score:5, Insightful)

        by chihowa ( 366380 ) on Monday June 16, 2003 @07:53AM (#6211113)
        Police officers not obeying the laws are so bad in some places (like where I live), that I've come up with a nice idea! I say that there should be governors on the cruiser that doesn't allow the car to operate above a certain set speed unless the siren/lights are on. If it could be tailored to fit the speed limit of the street, that would be even better.

        Police are supposed to be setting the example, not casually breaking the law as if they were above it. There's absolutely no reason why anybody should be speeding, right? Why shouldn't that also apply to police in non emergency situations? I'd assume that tampering with a police cruiser would be a pretty serious offense, too.
    • by Oscar_Wilde ( 170568 ) on Monday June 16, 2003 @02:37AM (#6209970) Homepage
      Yeah, for about 3 weeks before an EDR modchip hits the market that reports whatever you want it to report.

      I can see it now: "OK, we'll just download the black box data and..... Gentlemen this car was only ever used once a week to drive to church. Oh, and all you autos are belong to us."

      Will the Modchip also let me run linux?

      Imagine a Beowulf cluster of Black Boxen!

      Did I miss anything?... I think there is a joke with car crashes and Kernel panics but its just not leaping out at me.
  • by Capt'n Hector ( 650760 ) on Monday June 16, 2003 @12:26AM (#6209407)
    It's great for cases such as manslaughter, but coupled with GPS, it could be used to enforce speed limits. Remember that movie... the crappy one that takes place in a futuristic L.A. where human contact is not allowed? They have a thing just like that, where you're fined for swearing in public, speeding, stuff like that.

    Use it for serious cases, fine. But don't ticket me!

    • by jared_hanson ( 514797 ) on Monday June 16, 2003 @01:00AM (#6209601) Homepage Journal
      I couldn't agree with you more. If you kill someone, you should be held accountable. If you were travelling the speed limit, and it was just an accident, then let the facts show that. If your a lieing asshole on top of the fact that your that you dont realize you should travel 114 in a residential area, then you should get the book thrown at you.

      I have no problem at all with these devices being in my car. I pay the occasional speeding ticket, but I've yet to have these devices influence that. In fact, I feel better knowing that they can help convict people who need to be put away.
      • [begin scarcasm]

        No, these devices should be illegal and outlawed because, dammit, all drivers and their lawyers SHOULD have the right to try lie their way out of a court case where they killed a couple of teenagers!

        [end scarcasm]

        Of course, that's the most extreme case - I wouldn't want a cop being able to pull up behind me at a traffic light and see the maximum speed during my travels for the day/month/year, etc.

        That said, if there is an accident, especially if there are serious injuries/fatalities, I t
        • "I like the idea in some European countries where if you get caught DWI, you lose your license - forever. Never drive a car again in your life. Done. Etc."

          Stupid idea! Have you any idea how far reaching public transportation is in Europe? Hell, I can get to practically anyplace I want in Germany with a train, subway, trolley, etc, because it is extensive as hell. I don't know about the rest of the countries.....

          But in America, when was the last time you took a train anywhere outside a city? Can you vi
    • > It's great for cases such as manslaughter, but coupled with GPS, it could be used to enforce speed limits. [...] Use it for serious cases, fine. But don't ticket me!

      That's the predictable outcome. It won't be used for routine tickets because governments thrive on the cat-n-mouse game of cops and speeders. If it ever gets to the point that people who speed are ticketed with high probability, then people will stop speeding - and city/county/state revenues will plummet.

      Camera-based ticketing has been

  • by Agent Green ( 231202 ) * on Monday June 16, 2003 @12:28AM (#6209412)
    I understand some of the privacy pundits bitching all around about how this is an "invasion of privacy." However, the 5 seconds leading up to a crash can provide important data for the manufacturers and accident investagators...particularly if the driver of the car is killed in the crash.

    It's interesting that it has the top speed recorded, which is kinda the death blow in this case. In most speed-related auto collisions, law enforcement goes by road conditions and skid marks to determine the speed of the vehicle at impact. Imagine the mess if that were a child running after a ball...

    Personally, I'm glad this guy is going to prison. There is no excuse for excessive speed in a residential neighborhood...especially when that exceeded by a factor of four. That's what they built highways for! ;)
    • by OwnerOfWhinyCat ( 654476 ) * on Monday June 16, 2003 @12:56AM (#6209574)
      5 seconds of recorded data seems fair and reasonable.

      I have a problem with where they draw the line though. Since it's currently somewhere reasonable, I guess this makes me a privacy-freak.

      It doesn't seem like it would be hard to pass a "Car Consumer Saftey Protection Act" (with riders for new child restraints or something equally popular) to mandate that it also store the top speed in the last 15 minutes. If that act also mandated a standard interface, little greedy municipalitities all over the country would be issuing their officers the readers and making it legal for them to be able to interface with any car they pull over.

      Odds are no Congress person will spend any "juice" putting a law on the books that keeps this to a reasonable 5 seconds.

      So I agree it's not a problem today, but is it not just a matter of time?
      • by cyril3 ( 522783 ) on Monday June 16, 2003 @01:44AM (#6209773)
        In Australia the speed guns need to be calibrated and signed off by a tech regularly or the readings are invalid. Thats the first thing you ask a cop if you really think they got the speed wrong. "Can I see the calibration certificate" People have won cases on this.

        How quickly a court will accept readings from a persons own car that might not have been serviced for 6 months is a big if.

        I can't see local cops being able to use the 15min data without some serious adjustments to the law.

    • Groundless fears (Score:5, Insightful)

      by SuperBanana ( 662181 ) on Monday June 16, 2003 @01:01AM (#6209604)
      I understand some of the privacy pundits bitching all around about how this is an "invasion of privacy."

      You know, there's no legitimate reason for that claim, and I have yet to hear a 'privacy pundit' explain WHY it's an invasion of privacy. I'm very pro-personal-privacy, and I didn't like the idea when I heard about it- but I've long since realized that there really wasn't any basis for those feelings- that it was just a knee-jerk reaction.

      I realized that the data would only help me if I was not at fault, since it would be more accurate than 'accident' reconstruction. It could help me even if I was at fault. In either case, maybe a witness claims I was doing "at least 60", and the black box shows them to be dead wrong(I won't say lie- people are very bad at speed estimation as a rule, and that's under excellent circumstances). The box shows I was doing 40. A 60-in-a-35 now turns into a 40-in-a-35; still speeding, but a whole other picture.

      Suddenly the "speed freak murderer who couldn't avoid that kid in the road because of his speed" turns into "that driver couldn't avoid that kid who ran out into the road without looking."

      However, the 5 seconds leading up to a crash can provide important data for the manufacturers and accident investagators...particularly if the driver of the car is killed in the crash.

      ...or if the driver simply doesn't remember, as often happens to people involved in collisions. Someone I know was rear-ended by an SUV-driving-moron doing about 80. One second, the other driver was doing 25 in the right lane(slowed traffic), minding his own business. The next thing he remembered was lying in the grass with an EMT leaning over him saying, "hey, you okay buddy?" He remembers nothing about getting rear-ended by the SUV driver.

      • Re:Groundless fears (Score:5, Interesting)

        by MisterMook ( 634297 ) on Monday June 16, 2003 @01:57AM (#6209830) Homepage
        If I install a device on my vehicle, ask to have it put on my vehicle, and it is clearly spelled out that this may be used as a tool for law enforcement then it is one thing. If there is a little chip that might one day be used by traffic cops to query my car to see how fast I was going and I DIDN'T KNOW IT WAS IN THERE, then it is a problem. I'd have the same "kneejerk" reaction if someone installed bomb sniffing hardware in my new suitcases, even while it is well meaning it's a violation of my expectations of privacy. Raise your hands, how many people are sure they don't have this little device in their cars? Now that it has been used in this one case successfully, who doesn't think that it has the potential to be used in many more? Speeding? Stop signs?
  • Accidently . . . (Score:5, Interesting)

    by OverlordQ ( 264228 ) on Monday June 16, 2003 @12:30AM (#6209422) Journal
    Cross a few wires [uuhome.de] oops, no more EDS. ;)
  • by BWJones ( 18351 ) on Monday June 16, 2003 @12:31AM (#6209429) Homepage Journal
    Well, a number of manufacturers would love to be able to get these kinds of data for the purposes of designing better cars and some companies (namely Volvo) have had accident investigation teams for years that actually go out to the accident scene to investigate. However, like any data that is accumulated there is the potential for abuse particularly in these times of Total Information Awareness......Oh, excuse me Terrorist Information Awareness. Seriously though, forensic investigation depends upon data and if it is available, it will be examined.

  • by Black Art ( 3335 ) on Monday June 16, 2003 @12:34AM (#6209443)
    One of the other things they don't want you to know about the EDR. If the wheels leave the ground for any reason, like hitting a bump or going off a cliff, the wheels can spin freely. There is nothing in the sensors that tell if the tires are on the ground. If they are spinning off the ground, they will record a very high speed that has nothing to do with actual forward motion.

    I wonder if there was any other evidence that showed that he was going 114mph? I doubt if they felt it was not needed. Computers never make mistakes, do they?
    • by baywulf ( 214371 ) on Monday June 16, 2003 @12:37AM (#6209471)
      What speed would he have to go in a 30 mph zone in order for the tires to leave the road?
    • by Dachannien ( 617929 ) on Monday June 16, 2003 @12:49AM (#6209535)
      Assuming that you're pulling some Dukes of Hazzard style bridge jumping, this might be a problem, but the acceleration of your tires when not on the ground will be substantially higher than that of your tires on the ground. Thus, it can easily be ascertained whether your car was in contact with the road, by actually analyzing the data.

      They don't have robots figuring this stuff out, they have forensic experts.
    • Lawyers aren't stupid. If your car was going 40kph and suddenly peaked at 100kph, anyone could see that something must have happened to cause that spike. If you had a halfway decent lawyer, he would argue that your car couldn't have accelerated that quickly.

      Eventually, we will see a better system for data aquisition. Imagine being able to get statistics on weight shifts to specific wheels during acceleration or breaking. Imagine being able to see the effect on gas mileage from all those Mountian Dew (God's own caffene source!) cans in your floorboard.

      As a geek, I love charts and graphs and numbers. I'd love to be able to do "snmpwalk" on my car and get detailed statistics from my trips. Yes, it could be used agianst me, it could also be used to show that I am a good driver. If a kid runs in front of you and you hit him, the proper numbers could show that there was no way you were violating the law and you couldn't stop in time.

      Numbers could be used both ways. Do you really want to hide numbers that could be used to prove your innocence? Do you want to hide numbers that could prove my guilt?

      What makes you think that what you do on a public road should be private?
  • by Renraku ( 518261 ) on Monday June 16, 2003 @12:35AM (#6209450) Homepage
    Stupidity is doing 114mph in a neighborhood. As long as necessary information only is kept in the EDR then there aren't any problems. Look at this situation. You're driving the speed limit on a two lane road, which is 55mph. Its rainy, but the road is fairly straight. Another car loses control because they were going 100mph and hits you head on. You spend a few days in the hospital because you were lucky. The other driver dies. No one witnessed the wreck. You've just been blamed for his death. However, upon checking the opposing vehicle's EDR, your name is cleared, your insurance rates don't skyrocket, and you've got a new car and are back on track in a few weeks. And of course this was posted under a privacy heading. If you were speeding and wreck because of it, you deserve to be blamed for said wreck. The EDR is just a bit of hardware to help in an already-confusing process of determining driver fault. I could have been cleared of fault on my last wreck if my 98 Cavalier had been checked for its EDR. Opposing party said I stopped at an intersection in heavy rain and turned my lights off. EDR could have said I was moving at around 20mph through the intersection when the van with no lights t-boned me doing 80. Fun stuff.
    • by cyt0plas ( 629631 ) * on Monday June 16, 2003 @12:55AM (#6209568) Journal
      Ok, you're driving the speed limit on a two lane road, which is 55 mph. You're being stupid driving that fast while it's raining, but you feel like you can handle it. You start to hydroplane, and run into a car going 100mph, and hit them head on. You spend a few days in the hospital. When you get out, you get 20 to life for vehicular homicide because his car didn't have a black box and yours did. It's just too bad that although your _wheels_ were going 95mph, you were only doing 55. When the ADR is read, it looks like you were doing 95, and he was doing 60. Fun stuff.
      • 1) There are lots of ways of determining speed, include skid marks and relative vehicle positions. It is unlikely they would use a single piece of evidence. They didn't in this case, as was indicated in the article.

        2) Your tires and engine have inertia. You could find (if you don't mind doing something horribly dangerous for you and bad for your car) that even if your car that is completely suspended (only friction is air on the tires), your car's tires can't actually instantly accelerate from 55 MPH eq
  • Bah.. (Score:5, Insightful)

    by PS-SCUD ( 601089 ) <peternormanscott@@@yahoo...com> on Monday June 16, 2003 @12:36AM (#6209454) Journal
    I am a big privacy advocate, but I hardly see this as any invasion of privacy. Recording your speed, that isn't obtainable in real time, can hardly violate your privacy. I mean...an odometer records your mileage and noone complains about that. GPS tracking is privacy violation, lowjack makes me uncomfortable, but this sounds like a usefull tool, just as long as it is legal to remove it.
  • by RalphBNumbers ( 655475 ) on Monday June 16, 2003 @12:36AM (#6209458)
    There's talk in the article of insurance companies requiring EDRs, and of course insurance is required by law most places. So the government even has a nice loophole to plant bugs in every car in the nation without actually legally requiring them. (isn't it nice to have big corporations to do your dirty work)
  • Not in all cars (Score:3, Insightful)

    by CaptainSuperBoy ( 17170 ) on Monday June 16, 2003 @12:37AM (#6209469) Homepage Journal
    EDRs are not found in all cars with airbags. Since all new cars have airbags, wouldn't this mean there's an EDR in every new car? I don't know where you got that idea. For now, GM is pretty much the only company installing them [techtv.com].
  • Did it to himself (Score:5, Insightful)

    by leabre ( 304234 ) on Monday June 16, 2003 @12:37AM (#6209470)
    First of all he LIED by saying he was doing 60MPH. Next, he was doing 114 (there is not a place in the US that allows that and in residential it's 25MPH). I'm sure the accident investigators would have been able to notice that he was well above 60MPH but even so, he lied and the black box said otherwise. If it was my children or loved one that was killed, I'd feel glad that he was put behind bars for reckless driving. There's no excuse. Privacty implication or not, I don't think the black-box thing is being abused in this case.

    Thanks,
    Leabre
  • by zakezuke ( 229119 ) on Monday June 16, 2003 @12:41AM (#6209499)
    My issue with this technology used in court isn't so much an issue of privacy, it's an issue of how accurate electronics are.

    For example, my speedo can read really high speeds on ice but that doesn't mean i'm going anywhere.
    • Accuracy can only be dertermined in a white-box situation. Blackbox should equal inadmissible. Of course, so should unsigned whitebox.

      I'm sure I saw a Perry Maison epsiode where someone was convicted based on the date-stamp of a file on his Macintosh. At the time neither my mother nor I had a PC with a correct real-time clock. It always worries me when real events appear close to this fictious one...

  • The bottom line (Score:5, Insightful)

    by Y2K is bogus ( 7647 ) on Monday June 16, 2003 @12:45AM (#6209519)
    The bottom line is that this guy was a fuckhead. Period. He shouldn't have been going 114MPH in a residential zone.

    Now, irregardless if the EDR was used or not, his speed at impact can be easily determined from the physical evidence. The EDR merely shows the level of intent by the driver. They can determine if he attempted to slow down, or hit them at WOT and continued to floor it.

    They stated he was going 98MPH at impact. The fact of the matter is that if you take the mass of the struck car, the type of tire and it's coefficient of friction, and the mass of the car which struck it, you can determine speed. When the moving car strikes the one backing out of the driveway, it transfers energy into the slow one. How far the slow car is moved from it's original position and the COF of the tires will tell them how much energy transfer took place. You can determine the velocity of the striking car by dividing the energy by the mass of the vehicle.

    Again, this guy got what he deserved, EDR or none. I don't like the concept of EDRs for this purpose; I have no intention of purchasing a car with one.

    That's the way I see it.
  • by Mooncaller ( 669824 ) on Monday June 16, 2003 @12:54AM (#6209566)
    ... using vehicular damage as evidence? I don't like it but I can not logicaly differntiate the two. Maybe some ele can.
  • Unadultured? HA! (Score:3, Insightful)

    by Ghoser777 ( 113623 ) <fahrenba@ma c . com> on Monday June 16, 2003 @01:02AM (#6209609) Homepage
    Who says black boxes can't be tampered with?

    This is what I hate about searching for the "truth" - it's subvertible to the point where if you think about all the possible ways you could be decieved, you'll go nuts. It's not conspiratorial to say someone could set you up; the more technology we have, the more likely I think it will become.

    And some wonder why people like being ignorant...

    Matt Fahrenbacher
  • by Anonymous Coward on Monday June 16, 2003 @01:06AM (#6209632)
    When I was 19, I came across some money, and went out and bought some exteremely fast cars. One of them (not the fastest, but my favorite) was a 1999 Mustang Cobra convertible. Just over 150MPH top speed.

    Speeding became my life. I'd fly along the freeways by day, but at night it was a fucking free for all. Top speed down highway 85, racing through the santa cruz mountains, tearing up hwy 101, you name it.

    There were a dozen times I pushed it to the edge and came out okay, but there was one that changed my speeding career forever. I was coming home from a ski trip, just entering the Si valley and getting pissed as hell about all the traffic. I was going about 130MPH up hwy 280, and all of a sudden the fast lane came to a stop. I swerved to the right just as the Lawrence expwy exit was coming up, and holy shit there were 50 cars at a standstill in the slow lane. I stood on the ABS - the car started to fishtail and I went flying down the emergency lane kicking up dust with 4" on the right between me and the guard rail. Finally I came to a stop just before the exit, and figured the quickest way out of there was to get my ass back on the freeway and head home, do I did. 100 horns honking.

    I will never forget that. 10ms later on the brakes, and I'd have killed myself and at least the occupants of a couple other cars. I quit speeding right after that and sold the 'stang.

    Not sure what the moral of this story is - speeding will kill you, everyone knows that. But if you're really into speed, I don't think anything but a near death (or death) experience will change your ways.
    • by Bake ( 2609 ) on Monday June 16, 2003 @05:10AM (#6210435) Homepage
      The mistake you made was a common one, and is my explanation of why speeding kills.

      You were speeding irresponsibly.
      Yes folks, there is a way to speed responsibly and it can be accomplished by following some basic guidelines.

      1) Know your speed. If you don't know your speed, how can you possibly know how long it will take you to stop the car?

      2) Know your road. What may seem like a small and shallow pit in the road when you drive at 55mph can act as a ramp when you drive at 100mph and send you hurling in the air without any control over life or limbs. Can one expect animals to cross the road suddenly?

      3) Know your car. Will it start to swerve at a certain speed? Are the brakes OK? How much pressure to the brake pedal will cause the tires to lock? Is the ABS in perfect working condition? What's the condition of the shock absorbers, the brakes, the tires? Will it hydroplane on small puddles of water? How long will it take for you to put the car at a complete stop at X mph on a wet road, dry road, concrete road, asphalt road, gravel road?

      AND number 4 which really should be common sense (which by itself usually isn't all that common)
      Never EVER drive faster than you can actually SEE the spot where you will come to a full stop, should it be necessary to hit the brakes NOW, preferably with some distance to spare.

      There is also a number 5 which is also pretty basic. If you happen to pass a cop and the cop decides to engage in a pursuit. By all means, STOP. It's better to have just the reckless driving on your record than reckless driving + resisting arrest (which I believe is what you're doing if you decide not to pull over). Also remember that if you decide to make a run for it you're not going to be as focused on the driving with the cops behind you, as when you're just driving all by yourself. That lack of focus is likely to be the prime factor in accidents caused by reckless drivers.

      Speeding by itself doesn't kill, it's the idiots who speed recklessly and irresponsibly that do.
  • by Animats ( 122034 ) on Monday June 16, 2003 @01:18AM (#6209677) Homepage
    It's still a bit overpriced at $2495, but you can buy the Vetronix Crash Data Retrieval System [vetronix.com], which plugs into the vehicle unit and a PC (Windows, of course).

    Information is stored at 1 second intervals, and the last five seconds before airbag deployment or near-deployment are saved in non-volatile memory. The information saved typically includes:

    • Vehicle speed (MPH)
    • Vehicle throttle position (% of full throttle)
    • Engine speed (RPM)
    • Brake lights on?
    • Driver's seat belt fastened?

    There's also post-crash data, which is useful for deciding whether airbag deployment should have occured. (That's actually why the data is recorded and why the NTSB analyzes it for collisions where airbag deployment was unnecessary.)

    When you see this data graphed over time, it tells you quite a bit about the accident. There's more than speed information. Seeing throttle and brake inputs for five seconds before the collision gives a good indication of what the driver was doing. In this case, press reports say "Court records show the recorder in Matos' 2002 Pontiac Trans Am measured his speed at 114 mph five seconds before the crash in Pembroke Pines. The device detected he was pressing the gas pedal at 99 percent of its maximum capacity. A second before the crash, he was still doing 103 mph." Any questions?

    But this is primitive compared to the Eaton VORAD radar system on some heavy trucks. That collects enough information to show what the other vehicles were doing.

  • by chimpo13 ( 471212 ) <slashdot@nokilli.com> on Monday June 16, 2003 @01:21AM (#6209692) Homepage Journal
    A couple views (Score:5, Interesting)
    by CrudPuppy (33870) on Saturday May 17, @03:57AM (#5979217)

    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...

    --
    A year spent in artificial intelligence is enough to make one believe in God.
  • Old news (Score:4, Insightful)

    by Anonymous Coward on Monday June 16, 2003 @01:23AM (#6209698)
    This information has been available for years (among other "hidden" information). The public is only now becoming more aware of it. Pretty much if your car has airbags (and I personally wouldn't purchase a car w/o them, even though it is a "supplemental" restraint) you can count on this information being available, though hard to retrieve. The more recent the model year, the more relevant information stored.

    There is a propietary code in a certain manufacture's SRS that basically says "crash event occured." Certainly there must be useful information stored in the module once that code is set. I can even think of one event where an SRS module was removed and sent back to the manufacture for a lawsuit.

    Is it a intrusion on privacy? Hard to say. Driving is a privilidge, not a right. At the same time, manufactures use this information to design better (translated "safer") cars. Used for law enforcement purposes? I won't even go into what is already available in a vehicle's PCM but hidden to the average user. Shoot, I would presume there is stuff that is hidden to even me, the technician who makes those little lights on the dash prove out. Does this make me nervous? Sure, but what shall I do about it? As a part-time admin, I can understand them leaving backdoors and "honeypots" in the vehicle to gather information that would be useful, if not incriminating. Where shall the line be drawn? Call/write your Congressman to make a law that would prevent this type of information from being used in a court of law if you are that worried.

    But the law's punishments are purposed for those who break them. He was going 60MPH in a residential neighborhood. The SRS module said 114MPH. I agree with an earilier post - it was still too fast anyway.

    Don't like it that your car can be used against you - don't drive or do anything stupid. Real easy.
    But what do I know? I only work as a technician for a dealership.
  • Warrants? (Score:5, Insightful)

    by Breakerofthings ( 321914 ) on Monday June 16, 2003 @01:36AM (#6209746)
    Well, I second the sentiment that it should not be illegal to remove them; my car, I can modify it if I want, right? I should not be legally obligated to allow my vehicle to record potentially incriminating info about me; this, I think, would violate (in intent, at least) my constitutional protections against self-incrimination.

    However, if I do allow my car to do so, why should it be any different from any other search? I think a warrant should be necessary, just as it would be if they wanted to search my laptop (at least it is in theory ;)
  • by StarTux ( 230379 ) on Monday June 16, 2003 @01:55AM (#6209822) Journal
    Typical ./ crowd failing to read the article:

    This is especially important section:

    "Defense lawyer Robert Stanziale said Matos was going about 60 mph. Assistant State Prosecutor Michael Horowitz said that his accident investigator calculated Matos was traveling about 98 mph. The electronic data recorder in Matos' car showed his peak speed was 114 mph in the seconds before the crash."

    The driver says a much slower speed, an accident investigator says 98 MPH, the EDR says it peaked at 114, whichever way you look at it this guy was going to jail, the EDR most likely provided the icing on the cake. Two young girls died innocently in this, don't forget that.

    As for privacy...Not really, there is plenty more things that could cause privacy to be invaded. Oh and for those who were worried about mis-readings; This is up to the defense lawyer to question, if in an accident the car became airborne for 5 seconds the lawyer can ask what affect this would have on the EDR, or if the car had a different set of wheels, this is also something the lawyer could have bought up. But, in the case mentioned who was going to go to jail, defense saying 60 MPH is still over the limit in a 30 mile an hour zone. One less idiot on teh road, just a shame two young girls had to die from this idiot.
  • by StarTux ( 230379 ) on Monday June 16, 2003 @02:05AM (#6209861) Journal
    Change some of the facts...

    Defendant says he was going 30 MPH

    Accident investigator says 29 MPH

    EDR says 35 MPH

    What would the judge decided then?

    Already admitted to 60 MPH is already too fast, to me that seems he was admitting guilt.

  • by Knight2K ( 102749 ) on Monday June 16, 2003 @02:17AM (#6209897) Homepage
    Strangely, I was just chatting about this with my father (Happy Father's Day to all) and a couple of points came up that I thought were interesting.

    The first was:
    Blackboxes can be mandated on U.S. airplanes (which are privately owned) because the U.S. government can regulate interstate commerce and the airspace above the U.S. belongs to the citizens of the U.S. and are administrated by the government on our behalf.

    Similarly, the interstate highway system is basically under the jurisdiction of the federal government and regulated by them (cars must meet federal safety guidelines, etc.) so it seems fairly straightforward to me that requiring black boxes in cars is well within the purvue of what we have allowed the government to handle in the past , especially since more people die in car accidents in the U.S. each year than in airplace crashes.
    There is also precident for the concept that you can't just do anything to your own property (e.g. building permits, zoning regulations, child abuse laws..sorta). So this doesn't bother me too much as long as we are vigilent about misuse.

    Which leads to the second point we discussed: the big problem is with the insurance companies. Their interest as a business is not really to protect you from harm, but to avoid paying claims since this costs them money. Often times this manifests itself in positive ways (credits for joining a health club, driver safety programs), but can also be rife for abuse. Everyone I know seems to have a story about recalcitrant insurance companies dragging their feet on legitimate claims. Personal injury lawyers prey on those fears all the time.

    I could easily see a world where insurance companies look for any scrap of evidence they can to avoid paying your claim... these black boxes can supply it in spades: you were going 5 mph over the limit, zagged left instead of right, etc... until basically there would come a point where it would be difficult or impossible to get the insurance company to perform the service that you pay them for: to help you absorb some of the cost of a tragedy, self-inflicted or otherwise, in your life.

    I wonder how many people would start dropping their car insurance because it really provides them with no value since there could always be some momentary fault found with their driving that the insurance company could point to. Perhaps we need to think about how absolutely some of this data should be interpreted; maybe the splitting of blame between parties in an accident handles this already. Should no-fault insurance become mandatory? Or should the adoption of this technology herald the beginning of individualized mass transit (that makes my head hurt typing it, I mean basically smart highways)?
  • by cyril3 ( 522783 ) on Monday June 16, 2003 @02:17AM (#6209899)
    Is that an invasion of privacy of the pilot.

    I think that their use in cars for accident investigation might have some benefits but even flight recorders don't help 100% of the time and they have a lot more stuff recorded and teams of engineers going over the data.

    If all you get from the car recorders is speed then you still rely on the two drivers about when the light turned red and who wasn't looking at the road.

    As for privacy and self incrimination, if ask truck drivers to log their time behind the wheel so we don't have as many cranked up hallucinating maniacs behind the wheel of 50 ton trucks bearing down on us then using car data to see what happened in an accident is OK by me.

    Whats next, No you can't look at the accident scene, those are my private skid marks which may tend to incrimate me"

  • by Elfboy ( 144703 ) on Monday June 16, 2003 @02:28AM (#6209947)
    Okay, people have been concerned about invasions of privacy, police/lawmakers making the boxes WiFi etc. Alas this is probably the way of things to come. Since it is coming, lets direct it in the way we want.

    Right now we have to live with the lowest common denominator of driving skills (of which the star of the article was one). This means an SUV driving soccer mom with 5 brats is held to the same standards as a dedicated* rider on a GXR1000 motorcycle. Vehicle differences aside (braking, handling etc...) the people behind the wheel are completely different as well.

    Since realtime reporting of all vehicle activity stresses the current regulations to the point of ridiculousness*2, start keying it into drivers as well.

    For example I really wish there was some way to do gradiated speed limits. Some sort of transponder (similar to the tolls) or a broadcasting black box that lets the police know you are qualified to go that speed (so one doesn't get stopped without cause/waste police time etc...).

    Add in a fee for qualification testing and usage to make up for lost revenue in tickets (are they really about anything else?). I'm sure people would jump at the chance despite any costs the state imposes.

    Yes there are plenty of details to work out in the system, but hey, it's a slashdot post.

    *This does not include the teenager riding around at 90+ in sandals, shorts, sunglasses and a helmet if the law requires it.

    *2 If you honestly believe that you have never broken a vehicular law, you've probably just not read the laws close enough.
    • For example I really wish there was some way to do gradiated speed limits. Some sort of transponder (similar to the tolls) or a broadcasting black box that lets the police know you are qualified to go that speed (so one doesn't get stopped without cause/waste police time etc...).

      You aren't the only one who's been dreaming of this.

      Been driving for 5 years, accident-free? I think you should be allowed to go +5 on the interstate without the cops bugging - not that they generally do anyway for 5 miles over the

  • Careful now.... (Score:5, Interesting)

    by xA40D ( 180522 ) on Monday June 16, 2003 @03:23AM (#6210104) Homepage
    A while back I was involved in head-on collision with another car on a blind bend.

    The other driver claimed I was going too fast, whereas they were doing about 20MPH. My insurance company looked at the damage on both cars and determined the speed of impact was in excess of 55MPH. For a while my insurance company believed this other driver's statement, and was blaming me for the accident.

    It started to get really hairy when the other driver decided to sue me for causing personal injury.

    Then - at my behest - the garage took a look at the black box in my car to determine why the airbag didn't deploy. To discover my speed at the time of impact was 10MPH. When my insurance company was informed they apologised to me, and rang the Police, who threw the book at the other driver.

    Scream all you want about privacy, but sometimes big-brother technology has a tangiable benefit.
  • by muffen ( 321442 ) on Monday June 16, 2003 @05:30AM (#6210493)
    It is kinda funny that this story came up on /. today, just as I was reading a story in a swedish newspaper about the black box in SAAB cars and how the data can be used.

    Based on this story, it seems that anyone can use the data from the black box in any way they see fit --- in the US.

    In Sweden, this would break a law called PUL. For the Police and/or insurance companied to be able to use the data from the black box, the owner of the car must agree to the data being used. The owner of the car can simply refuse and say that no-one is allowed to use the data, in which case it shouldn't affect the owner in any way.

    I guess the data can be useful, and it is good that it is there, but I do like the fact that I get to choose wether or not the data should be used.

    As there is no law saying the box must be working, if I was in the US, I'd disconnect mine for sure!
  • by Ashtead ( 654610 ) on Monday June 16, 2003 @05:59AM (#6210585) Journal
    1. A forensics-style device like this seems to me to be very similar to the practice of measuring blood alcohol levels of drivers in accidents. It is one more item of information about what happened at the time, and may indicate culpability or innocence, as others here have said. As long as this information is only obtained after an accident and indicates the conditions at that point, it is OK.

    2. In this case, the evidence from the black box did not by itself decide the case. The speed limit was 30 MPH, he said he was going 60 MPH, the investigator estimated 98 MPH and the EDR indicated 114 MPH. Now, 60, 98, or 114 in a residential 30 zone is reckless driving anyways. All this proved was that he was lying,

    3. There was no problems with unreasonable search, in as much as the judge had issued a search warrant for this information.

    4. The problem is with automated prosecution, which is what traffic-cameras are, and some say this could be turned into. Combined with GPS and tables of speed limits and such.... Seems this enormous focus on speed to the detriment of other dangerous behavior is caused because speed is easy to measure. I do not for a second believe that we will be any safer with people going 30 MPH, behaving like zombies. Just because the speed limit is 30.

  • Breaking the law! (Score:3, Insightful)

    by pguerra1 ( 533574 ) on Monday June 16, 2003 @06:22AM (#6210653) Journal
    This is unbelievable. The instant you break the law, say by travelling 114 MPH in a 30 MPH residential area and killing 2 people, you no longer have any rights to this type of "privacy." For example, a murder suspect cannot prevent police from getting a search warrant to search their house, car, workplace, etc. on privacy grounds. Police are allowed to gather the necessary evidence to prosecute you, given that there is enough evidence to warrant more collection. Same situation here. Although I do believe the collection of the data should be regulated, I don't think it should prevent the data itself from being used when you use your car as a weapon to threaten or harm.
  • by SEWilco ( 27983 ) on Monday June 16, 2003 @09:09AM (#6211783) Journal
    If( speed > 100 )
    { airbag(deploy); } /* We're about to crash anyway */
  • a thought (Score:4, Insightful)

    by sootman ( 158191 ) on Monday June 16, 2003 @10:48AM (#6213012) Homepage Journal
    Privacy? When you're driving, you're in *public*. These black boxes are just recording what witnesses would say if they were around to see. (Automatically and more accurately.) I don't think you have any expectation of privacy on a public road. Slippery slope and so on, but for now, just using them in case of accident, I have no problem at all. Do you think someone should get away with this kind of driving just because there were no witnesses and he was a good liar?

    Note: IANAL, but I watch a *lot* of Law & Order. :-)

As you will see, I told them, in no uncertain terms, to see Figure one. -- Dave "First Strike" Pare

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