U.S. gov’t can track your location by vehicle GPS without cause, warrant

Some say we are inching our way towards a policed state....

In a world full of technology that brings us closer and closer to an Orwellian-type society each day, people are accepting but weary of much of today’s new technology which makes sense when one considers the fact that much of modern technology is based around GPS capabilities and some form of artificial intuition related to it.

Systems such as OnStar have always come under some form of scrutiny due to the constant access to a given vehicles location that it has, but there was some solace in knowing that it was rather un-indictable information in an open court, Well for a brief moment, that may have changed.

Through its denial to hear an appeal (it failed to get a majority vote) in the case of USA v. Pineda-Moreno, the United States Court of Appeals for the Ninth Circuit has determined that it is in bounds of our constitution for law-enforcement to sneak under a car parked in a private citizen’s driveway, attach a GPS device thereto, and track the locations of said vehicle – all without a warrant.

Aside from the obvious issues with such a decision, there is a contradiction in jurisprudence, as courts have already determined that a person’s driveway falls under the privilege of curtilage granted to the rest of someone’s home. The court said that the defendant failed to demonstrate why he should expect privacy in his driveway.

Don’t despair. An example of this issue so cut and dry has yet to go before the Supreme Court, and it is my opinion that if this case is cited in future opinions, it will quickly be before the high court, where it will be cleared up. The dissenting judges had the following to say: “I don’t think that most people in the United States would agree with the panel that someone who leaves his car parked in his driveway outside the door of his home invites people to crawl under it and attach a device that will track the vehicle’s every movement and transmit that information to total strangers. There is something creepy and un-American about such clandestine and underhanded behavior.”

Source;

http://www.egmcartech.com/2010/08/27/u-s-govt-can-track-your-location-by-vehicle-gps-without-cause-warrant/

House Bill Mandates 'Black Boxes' For All Cars

Wide-ranging measure also includes mandatory emergency braking

On a 31-21 vote, the House Energy and Commerce Committee has approved a bill that, among other things, would require all vehicles sold in the U.S. to be equipped with a "black box" that records crash data by 2015.

The Motor Vehicle Safety Act now goes to the full House for debate. The Senate is considering a similar measure.

Included in the bill is a requirement for automakers to provide an emergency brake override system that could stop the car if the throttle were stuck in the open position. That provision was added in the wake of Toyota's well-publicized unintended acceleration problems that forced a large recall earlier this year.

The measure also includes a provision increasing the maximum penalty on carmakers that fail to report defects. Toyota has paid a record $16.2 million fine in connection with its unintended acceleration problems.

Some tougher provisions of the bill were removed after objections from the auto industry. However, the Alliance of Automobile Manufacturers said it is generally in favor of most of the bill's provisions, including the emergency brake override system and the inclusion of a "black box" data recorder.

In testimony before the committee earlier this month, Alliance CEO Dave McCurdy tempered his support of the black box provision with a few concerns when the original wording called for "black boxes like those found in airplanes."

"The typical airplane black box costs $22,000, which is close to the average price of a new car," McCurdy told the committee. "In my opinion, Rep. Green's legislation -- H.R. 5169, the Event Data Recorder Enhancement Act -- is a better approach."

Under Green's measure, the Secretary of Transportation would set the standards for automobile "black boxes."

The measure would give new power to the National Highway Traffic Safety Administration. NHTSA would be authorized to order recalls that "present a substantial likelihood of death or injury to the public."

To increase NHTSA's budget, the measure would add a $9 tax per car -- ultimately to be paid by the purchaser -- with the money going directly to fund the agency's operations.

The idea for "black boxes" in cars has been around since the 1970s. It was first advanced by the National Transportation Safety Board, the agency that investigates airplane accidents. The agency made the recommendation to both NHTSA and the automobile industry.
Objections

When Event Data Recorders were introduced in the last decade, hundreds of consumers wrote to federal auto safety regulators objecting to a new rule establishing minimum requirements for automobile "black boxes" and data recorders. Privacy advocates said they were concerned the data would fall into the wrong hands and would contribute to government "spying" on drivers.

Many vehicles currently collect data in onboard computers that are part of the vehicle electronics system. Toyota analyzed data from the computers earlier this year when it investigated a number of sudden acceleration reports.

The legal website ExpertLaw.com says there are many misconceptions about a vehicle "black box," saying its best uses are for diagnosing vehicle related problems, not to settle legal issues arising from accidents.

"Motorists should be very concerned about this device," the website warns. "The automobile black box should never be used as a stand-alone device. The use of physical evidence, such as impact data, skid / yaw marks, initial / resting positions of vehicle(s), in conjunction with the black box, as well as common sense is essential to obtain the correct resultant. "

Source;

http://www.consumeraffairs.com/news04/2010/05/autos_black_box.html