Recently, I was having a conversation with someone who was
concerned with privacy rights in the modern age, given the fact that our
automobiles store information about our traveled locations. Stored vehicle information which could be collected later to verify exactly where our vehicle was located at any given
time - though some cars might offer the ability to stop/turn-off the collecting
of such information. So, anyway, what
about when our cars and trucks become self-tracking devices and/or self-spying?
The matter reminds me of the famous criminal-procedure court
case. In that case, we were supposedly
taught and it was determined/opined to be unconstitutional for a government
entity to attach a tracking-device to individual’s vehicle/car in the United
States. At least the government was not
allowed to do so for an indefinite period of time, regardless of any reality of
the matter; with pre-Patriot Act days and the Patriot Act notwithstanding maybe,
I’m sure. But what about when all the
cars and trucks become commonplace tracking devices?
The modern high-tech automobiles may have much in common
with the modern-era cell phones and the related privacy rights thereto - in
that anyone who is able to listen to those conversations and who is able to glean
that information is arguably allowed to do so or likely can do so regardless (as
if the generator/speaker of any such eavesdropped information would even be
aware of the eavesdropping). So, if
one’s vehicle was collecting or broadcasting its location, then such
information is likely to be determined to “non-testimonial” in nature anyhow and
that collected information could then be used against the vehicle’s
owner/driver (say, as evidence in a court of law for whatever the reason).
In other words, not only are our vehicles collecting
information that could be used against us in court - if such a situation ever
became relevant, it is unlikely that any currently recognized legal theory
would prevent one’s own vehicle from testifying against them – as things
currently stand. But then again, who
knows what the future might hold. Except
to say, that I am in no hurry to purchase any new car.
My vehicle can bear no witness against me in a court of law,
as it is an older model (with no built-in GPS or the like). That is to say, my vehicle stores no
electronic data which could be used against me and to my detriment at any
future point in time. (Forgoing the authenticity
of vehicle-collected information for this blog entry, of course; e.g.:
calibration issues, etc.) Anyway, other
than the typical unseemliness of being seen or leaving behind physical
evidence, should such ever become an issue, there is no stored information in
my vehicle of its exact comings and goings nor its instantaneous real-time
locations. And, I think I like the fact
that my car could not become a high-tech witness against me.
AVT
June 2019
See for instance:
How your car is spying on you | Daily Mail Online
Your car is watching you. Who owns the data? - Roll Call
Your car may be invading your privacy - USA Today
In China, your car may be spying on you for the government
Big Brother on wheels: Why your car company may know more
about you than your spouse