auto manufacturers had violated Washington state’s privacy laws by using vehicles’ on-board infotainment systems to record and intercept customers’ private text messages and mobile phone call logs.
But the appellate judge ruled Tuesday that the interception and recording of mobile phone activity did not meet the Washington Privacy Act’s standard
Privacy is a fundamental human right.
Just not in Usa, as it seems. Here it is indeed the law that needs to be fixed.
https://www.humanrightscareers.com/issues/is-privacy-a-human-right/
Isn’t the EU trying to outlaw end-to-end encryption?
That was France, not the EU
Isn’t this just a basic legal concept?
“In order to claim damages, there must be a breach in the duty of the defendant towards the plaintiff, which results in an injury”
Basically the judge is saying the plaintiff didn’t establish the basic foundation of a tort case. He’s not saying this isn’t wrong, he’s saying they didn’t present the case in a way that proves it.
It’s not enough to say “you shouldn’t be doing this”–even if that’s true.
the question here is, on it’s face does an invasion of privacy constitute an injury? I’d argue that yes, it does. Privacy has inherent value, and that value is lost the moment that private data is exposed. That’s the injury that needs to be redressed, regardless of whether or how the exposed data is used after the exposure. There could be additional injury in how the data is used, and that would have to be adjudicated and compensated separately, but losing the assurance that my data can never be used against me because it is only know to me is absolutely an injury in and of itself.
For privacy to have inherent value, it first must be an established, inherent right. Unfortunately, the Constitution doesn’t talk about it to my knowledge. I’ve always inferred that our rights against unlawful search and seizure basically encapsulate the concept, but whatever.
The rights in the fourth amendment are generally a limit on the government, not what a third party does when it has a TOS/contract with you allowing it to do things.
It sounds like you’d make a better lawyer than whoever brought this case.
I agree with you for whatever it’s worth.
Take a page from the conservative/GOP playbook and just find an activity judge who will wholesale accept your fabricated claim and provide a favorite judgement.
Sure except under this logic there’s no injury to someone peering through your windows. After all they didn’t do anything else…
Disappointing result but this seems like something for the legislature to fix. Courts aren’t always the solution, sometimes you have to just fix the damn law.
This is supposed to be covered by the fourthamendment but that’s been meaningless for over 20 years now
Amendment 4 does not apply to the practices of a private company. That’s what privacy legislation is intended to protect against. Amendment 4 only applies to spying done by the State.
The state is just spying via a proxy.
Do you actually literally believe that (in the context of law), or is that just rhetorical speech?
If the purpose of collecting the data by private companies is to somehow make money, do you think that sharing this data, or conclusions based on this data, somehow manages to exclude access of governmental agencies? I’ve never gotten the impression that CIA/NSA would ever willingly play nice.
This is getting off-track again—
Government agencies paying private companies for your information, or even just asking for it in exchange for something or nothing is legal. That’s because nothing was searched unreasonably (because consent was given by the controller of the information) nor was anything seized against the controller’s will.
You are not in the picture. The information might be about you but you don’t control the information, the car company does. From a legal standpoint, you are irrelevant for the purposes of Amendment 4 protection.
Amendment 4 protects the controller of the information from Government seizure but does not protect the subject of that information. Privacy laws are what are intended to protect the subjects of information. There is some overlap of course. For example, your computer has lots of information about you and what you did in the past. You would be both the subject of the information and the controller (since it’s stored on your computer).
Please remember, I am describing what the law is, not what it should be.
What
If you want to call it that, you can. The State spying by proxy (paying or asking companies for info) is legal and not prohibited by Amendment 4. Amendment 4 does not protect the subjects of information. It protects the controllers of information (which would be the car company).
Just like with the first amendment, it doesn’t apply to private companies. The point is to prevent the government from passing tyrannical laws, it was never meant to district the activity of private citizens.
Very true.
Unfortunately corporations are becoming the government, without checks or constraints.
deleted by creator
America sucks. Seriously. I’m just waiting for another country to bring it to the USA, because it seems inevitable.
People gotta stop putting faith into these ultimately crooked nations.
Will it be another country though? Seems like the power has shifted and is continuing to shift from the nation state.
I wonder how long until we get to jailbreak our cars just so those cock suckers can’t spy on us.
Technically you already can. I just hope you have extensive programming knowledge because you’re going to have to take an axe to the existing code.
May be able to find and remove whatever it’s using as a cellphone antenna.
Sorry your car just stopped working for “safety” reasons.
If that were the case, there would be traffic jams in tunnels across the country due to disabled cars.
Nah, it just detects the presence of the hardware.
But not the faraday cage around the telematics unit.
Yeah I’m not saying it’s impossible. Just not easy.
I mean ok but the fact that your car is spying on you has to break a thousand big tech nda’s
This is why I keep my 2006 toyota in tip top shape. I will drive that car as long as I possibly can.
Really considering taking out a loan just to fix an old car instead of buying new.
deleted by creator
I’m taking my 2006 Avalon to 300k miles and beyond!
So ask the judge why car companies want to track judges?
One of these companies needs to be beached to prove damages, I guess.
Obvious next question: how’s the privacy policy on 3rd party stereo makers like Pioneer, Kenwood, Alpine, Jensen, etc.?
Why risk it? Build your own with a raspberry pi and a touchscreen.
Got a link to a good project of that type? I’ve been thinking about this recently.
I haven’t done it myself, so I hesitate to recommend a specific project. But Carpi and OpenAuto are good places to start.
Should be better since they usually don’t have an uplink capability. But be real careful of any model that has Internet for any reason.
Well… fuck. More reason to not buy newer cars. At least you Americans are lucky. You can drive a dinosaur if it met with regulations. You technically don’t have to buy new cars… ever.
Well I am still so happy that I decided specifically to get a newish car that doesn’t have a touchscreen or any of this nonsense.
What model did you buy? It is rare to see one these days that doesn’t have all this nonsense.
2015 Buick encore. I did remove the fuse for the OnStar satellite nonsense though.
Thank you for sharing the information!
Yet another item on my list of why I’ll never buy a modern car.
