Miata Mailing List: June 1999, Message #207

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On Wed, 2 Jun 1999 09:38:00 -0400, Sean Fletcher
<theswamp@theswamp.com> wrote:

>For those interested in the black box GM has been installing, here's a
>MSNBC story on it:
>http://www.msnbc.com/news/275656.asp

 I'm no lawyer (and don't play one on TV), but here's my take on
it:

 Since you are the owner of the car, the "data", incriminating or
not, was (indirectly) created by you, much the same way as if you
had used a computer to write a program or a spreadsheet, etc.
Therefore they shouldn't be able to use the data against you
without your permission. (Fat chance, eh?)

 As something of your creation, you have the right to decide how
it will be used, as well as the ability to set a fair market
price for it. (A friend was asked to submit a urine sample at
work and he told them that if he did so, he'd also be presenting
a bill for it, as it was *his* bodily fluids and he could price
it as he saw fit. After consulting their attorney, the company
decided they didn't want to pay that much.)

 The only way I can see the automakers escaping this one is to
include a EULA with each car sale, new or used, informing the
owner that the automaker *owns* the black box and it's data, and
that you agree to those terms.

 I figure it won't be long before we see litigation over the
crash data, and a new market will spring up for "data erasers"
for those who feel their car might be forced to "testify" against
them.

 Regards,

Doc
phRed '95 - CSP #25
Team Monster Miata Stereo
--
Never a late apex, never a dull moment.