SHELBY GT 500 Member
Joined: Jul 2005
Location: SF Bay Area, CA
Those who are claiming privacy issues may be in for a surprise. I suspect if this ever makes it to court, then to the Supreme Court, it will be ruled that your speed and driving habits are subjected to the public by being on public roads (anyone with in eyesite can observe your driving habits) and hence the reasonable expectation of privacy diminishes rapidly. Similar rulings that would make this argument are things like you do not have a reasonable expectation of privacy for: any odors emmiting form you or your car, the color of your car (police can take a color sample of your car without a warrant), any noise coming from you or your car, anything on your car that is in plain site, and etc. I can see my coleauges making this argument and I see the Supreme Court agreeing. The argument might go something like this: If a person drives on the public road for the public to see, then tracking his driving habits would be no different, for he is voluntarily subjecting his driving habits to the public by doing so on the public roads for all to see, similar to the examples stated.
To add further complication, the news said today that the black boxes are not even activated until the airbags are deployed. How accurate is that, I am not sure. If true, then your day to day driving habits are likely not being recorded. Furthermore, even if this box is recording everything you do, the box itself raises many questions that will be fough t over in the courts for years to come. In particular, how accurate is the box's information? How tamper proof is it? Is it possible for the box to get false or misleading information (such as will changing the wheel size will give it false information, like your speedometer)? Can it be disconnected and reconnected at will (like smog equipment)? Where is the money going to come from for the manpower to monitor every single vehicle in America? Who has access to the information? How indestructable is it (can an accident wipe it out)? These are just some of the many questions that lawyers are going to have fun fighting over.
As I have said before, things that make you go hhhmmmmm......