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I am bothered by new high tech ways of enforcing laws, and I see Event Data Recorders (EDRs) as our government’s way of recording the every day actions of the American people without us being accused or even suspected of committing a crime. This is a creeping insidious process that erodes our expectation of personal privacy.
I originally posted this as a response to the topic "Automatic License Plate Recognition" thread, but I thought that it warranted a separate topic instead of taking over that one. I also took inputs and modified my post somewhat. The way this relates to motorcycles is that what starts out applicable to automobiles eventually finds its way to motorcycles. ABS and air bags are good examples. I think it is only a matter of time before we start seeing EDRs being installed on motorcycles, and a Gold Wing would likely be the first to see one.
The type of data recorded in an EDR has been used in some vehicles since the late 1960s when air bag deployment needed inputs to determine when a bag deployment was appropriate or more importantly when deployment was not appropriate. Sounds like a good thing to me.
The next step was to record the data for post crash analysis so that the automotive industry could improve the vehicles to make them safer and for the highway engineer to improve roadway design to have less of a negative impact on crash victims. Data recorded includes vehicle speed, throttle position, speed delta (accelerating or decelerating), brake applied, ABS engaged, steering wheel position, seat belts being worn (or not), partial VIN number, etc. The collection and recording of this data has purposely been limited to 5 seconds before the crash (or near crash), so this does not offend the general public about their every move behind the wheel being monitored by "big brother". Another seemingly good idea.
Consider that EDRs are installed in most new vehicles manufactured today. Manufacturers are doing this on a voluntary basis for self serving reasons and due to pressure (in the form of threats) from the National Highway Traffic Safety Administration (NHTSA). NHTSA has received requests on several occasions to make EDRs mandatory but so far they have not. Recently NHTSA has required that notices be placed in the automobile Drivers Manual about EDRs being installed in their new vehicle and what data they record. This was done to appease the groups mounting objections EDRs on the grounds that their privacy was being compromised without their knowledge.
The public is now warned that EDRs are installed but once they take possession of the vehicle they have no option to disable the EDR. If you own a late model GM, Ford, Toyota, or several other manufacturers’ vehicle, you have an EDR installed and you cannot turn off the data recording function because it has been fully integrated into the air bag deployment computer. You might be able to pull the fuse on your air bag system (if you can find it because it is not labeled as such), but then you are without that safety device. Your only real recourse is to purchase an older vehicle that does not have the EDR installed or choose an automotive manufacturer that has not submitted to government pressure to install them.
Now there is a move for the courts to use the data to assign liability for accidents and to be used as evidence in courts. Currently they have to go out to the scene of the accident and use established investigative techniques to reconstruct what happened. This could be good if you are a victim trying to sue someone for your injuries. This may not be so good if you violated any traffic laws and were involved in the accident, whether those infractions lead to or caused the accident or not because you are now "culpable" and at least partially liable for the injuries and damage caused to others.
Some people (like me) may find this unacceptable and might want to turn their EDR off, but they are making these boxes tamper proof so it is almost impossible. They are even starting to incorporate built in battery backups or flash RAM so if power is disconnected, it will still save the data. Having a piece of hardware that I purchased record my driving activities and then be entered into evidence for or against me in a court of law is unacceptable to me. This can almost be equated to being wire-tapped without a crime being committed and without a warrant being issued by the courts until after the fact.
But the courts are not the only people that want this data. The insurance companies want it to justify jacking up the rates or denying coverage to those whom it considers unacceptable risks. On the surface that sounds fair. But what if they start changing their criteria such that minor infractions such as parking or fixit tickets are used to increase your rates? Or maybe you have to sign consent to give them EDR data as a condition of them issuing you insurance. If all companies adopted that position (and why wouldn't they?), then you would have no alternative but to submit to their demands if you needed to drive to make your living. Still convinced that it is okay?
Each of the above was undertaken with the "public good" as their basis so that the public would be placated into accepting this useful tool. In most instances, John or Jane Doe could rationalize that all this monitoring is a good thing and certainly worth the loss of anonymity and intrusion compared to any previous privacy that he or she might have enjoyed.
Okay, let’s take the past progression as a template for how this data might be used in the future. The recording of data is now continuous, and it is transmitted to receivers along side of the road and collected in massive data bases. They have added GPS receiver inputs so your location is known and transmitted too. I you are traveling 26mph in a 25mph zone, you are breaking the law and a ticket is mailed to your house and the report is automatically sent to your insurance company. By this evidence of this transgression, you are a flagrant law breaker and a risk to society so your insurance rates are increased as "constructive feedback" to teach you to obey every traffic law. These minor infractions accumulate over time and your tickets and insurance rates are such that you cannot afford to drive yourself to work, which is not serviced by public transportation.
Do you think this is far fetched and will never happen? Am I just a paranoid conspiracy theorist off on a rant? I don't think so. If you go on the web and research the EDRs, you will find people representing insurance companies and others that would realize financial gain suggesting we proceed in that very direction.
Sorry for the long post, but as it has been said before, "The greatest threat to our freedom is for good men to stand by and do nothing". What we have always thought of as our "personal information" is fast fading as it is being collected and spread throughout computers and data bases around the world. The rally cry of "if you are not breaking any law, then you have nothing to fear" does not diminish my ever growing concerns. Have you ever broken any traffic law? If you have, then you are subject to your vehicle being used against you in a court of law. How do you feel about that?
P.S. If the EDRs were mandated to be used only for the purpose for which they were developed, improving vehicle safety, then I would have no objections.
I originally posted this as a response to the topic "Automatic License Plate Recognition" thread, but I thought that it warranted a separate topic instead of taking over that one. I also took inputs and modified my post somewhat. The way this relates to motorcycles is that what starts out applicable to automobiles eventually finds its way to motorcycles. ABS and air bags are good examples. I think it is only a matter of time before we start seeing EDRs being installed on motorcycles, and a Gold Wing would likely be the first to see one.
The type of data recorded in an EDR has been used in some vehicles since the late 1960s when air bag deployment needed inputs to determine when a bag deployment was appropriate or more importantly when deployment was not appropriate. Sounds like a good thing to me.
The next step was to record the data for post crash analysis so that the automotive industry could improve the vehicles to make them safer and for the highway engineer to improve roadway design to have less of a negative impact on crash victims. Data recorded includes vehicle speed, throttle position, speed delta (accelerating or decelerating), brake applied, ABS engaged, steering wheel position, seat belts being worn (or not), partial VIN number, etc. The collection and recording of this data has purposely been limited to 5 seconds before the crash (or near crash), so this does not offend the general public about their every move behind the wheel being monitored by "big brother". Another seemingly good idea.
Consider that EDRs are installed in most new vehicles manufactured today. Manufacturers are doing this on a voluntary basis for self serving reasons and due to pressure (in the form of threats) from the National Highway Traffic Safety Administration (NHTSA). NHTSA has received requests on several occasions to make EDRs mandatory but so far they have not. Recently NHTSA has required that notices be placed in the automobile Drivers Manual about EDRs being installed in their new vehicle and what data they record. This was done to appease the groups mounting objections EDRs on the grounds that their privacy was being compromised without their knowledge.
The public is now warned that EDRs are installed but once they take possession of the vehicle they have no option to disable the EDR. If you own a late model GM, Ford, Toyota, or several other manufacturers’ vehicle, you have an EDR installed and you cannot turn off the data recording function because it has been fully integrated into the air bag deployment computer. You might be able to pull the fuse on your air bag system (if you can find it because it is not labeled as such), but then you are without that safety device. Your only real recourse is to purchase an older vehicle that does not have the EDR installed or choose an automotive manufacturer that has not submitted to government pressure to install them.
Now there is a move for the courts to use the data to assign liability for accidents and to be used as evidence in courts. Currently they have to go out to the scene of the accident and use established investigative techniques to reconstruct what happened. This could be good if you are a victim trying to sue someone for your injuries. This may not be so good if you violated any traffic laws and were involved in the accident, whether those infractions lead to or caused the accident or not because you are now "culpable" and at least partially liable for the injuries and damage caused to others.
Some people (like me) may find this unacceptable and might want to turn their EDR off, but they are making these boxes tamper proof so it is almost impossible. They are even starting to incorporate built in battery backups or flash RAM so if power is disconnected, it will still save the data. Having a piece of hardware that I purchased record my driving activities and then be entered into evidence for or against me in a court of law is unacceptable to me. This can almost be equated to being wire-tapped without a crime being committed and without a warrant being issued by the courts until after the fact.
But the courts are not the only people that want this data. The insurance companies want it to justify jacking up the rates or denying coverage to those whom it considers unacceptable risks. On the surface that sounds fair. But what if they start changing their criteria such that minor infractions such as parking or fixit tickets are used to increase your rates? Or maybe you have to sign consent to give them EDR data as a condition of them issuing you insurance. If all companies adopted that position (and why wouldn't they?), then you would have no alternative but to submit to their demands if you needed to drive to make your living. Still convinced that it is okay?
Each of the above was undertaken with the "public good" as their basis so that the public would be placated into accepting this useful tool. In most instances, John or Jane Doe could rationalize that all this monitoring is a good thing and certainly worth the loss of anonymity and intrusion compared to any previous privacy that he or she might have enjoyed.
Okay, let’s take the past progression as a template for how this data might be used in the future. The recording of data is now continuous, and it is transmitted to receivers along side of the road and collected in massive data bases. They have added GPS receiver inputs so your location is known and transmitted too. I you are traveling 26mph in a 25mph zone, you are breaking the law and a ticket is mailed to your house and the report is automatically sent to your insurance company. By this evidence of this transgression, you are a flagrant law breaker and a risk to society so your insurance rates are increased as "constructive feedback" to teach you to obey every traffic law. These minor infractions accumulate over time and your tickets and insurance rates are such that you cannot afford to drive yourself to work, which is not serviced by public transportation.
Do you think this is far fetched and will never happen? Am I just a paranoid conspiracy theorist off on a rant? I don't think so. If you go on the web and research the EDRs, you will find people representing insurance companies and others that would realize financial gain suggesting we proceed in that very direction.
Sorry for the long post, but as it has been said before, "The greatest threat to our freedom is for good men to stand by and do nothing". What we have always thought of as our "personal information" is fast fading as it is being collected and spread throughout computers and data bases around the world. The rally cry of "if you are not breaking any law, then you have nothing to fear" does not diminish my ever growing concerns. Have you ever broken any traffic law? If you have, then you are subject to your vehicle being used against you in a court of law. How do you feel about that?
P.S. If the EDRs were mandated to be used only for the purpose for which they were developed, improving vehicle safety, then I would have no objections.
